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2025 DAILYLAW 44411 (KAR)

SRI VEERESH RAJASHEKAR KAMADOLLI v. THE STATE OF KARNATAKA

CRL.P/101527/2025 · 2025-04-01

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:5805 CRL.P No. 101527 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101527 OF 2025 BETWEEN: SRI. VEERESH RAJASHEKAR KAMADOLLI, AGE: 33 YEARS, OCC: EMPLOYHED IN PRIVATE FIRM, R/O: HOUSE NO 202 , 2ND FLOOR PECIFIC GAJANAN APARTMENT KEPANNANAVAR KALYAN MANTAP NEAR HUBBALLI. …PETITIONER (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH P S I HD CIRY WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD – 580 011. 2. SMT. TEJASWINI VEERESH @ KARAN KAMADOLLI, AGE: 31 YEARS, OCC: EMPLOYED IN PRIVATE FIRM, NOW R/O: BETAGERI COMPOUND, KALAGATAGI ROAD, NEAR TOLL NAKA, DHARWAD, TQ AND DIST: DHARWAD, PIN 580 001. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SMT. RASHMI P. MANDI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C., (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE IMPUGNED CHARGE SHEET SUBMITTED IN HUBLI-DHARWAD CITY WOMEN PS CRIME NO. 0047/2023 REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTIONS 498A, 504, 506, R/W SECTION 149 OF I.P.C. AND UNDER SECTIONS 3, 4 OF DOWRY PROHIBITION ACT, 1961 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC II COURT DHARWAD IN C.C.NO.1414/2023, INSOFAR AS PRESENT PETITIONER/ACCUSED NO.1 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5805 CRL.P No. 101527 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 482 of Cr.P.C/Section 528 of BNSS praying to quash the proceedings in CC No.1414/2023 pending on the file of II Additional Civil Judge and JMFC II Court, Dharwad registered for offence punishable under Sections 498A, 504, 506 r/w Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 [hereinafter referred to as ‘DP Act’ for short] arising out of Hubballi-Dharwad City Women Police Station in Crime No.47/2023. 2. Respondent No.2 has filed a complaint and the same came to be registered in Crime No.47/2023 against the petitioner and two others for offences punishable under Sections 498A, 504, 506 r/w Section 149 of IPC and Sections 3 and 4 of DP Act. The Police after investigation, have filed chargesheet against the petitioner and two others for offence punishable under Sections 498A, 504, - 3 - NC: 2025:KHC-D:5805 CRL.P No. 101527 of 2025 506 r/w Section 149 of IPC and Sections 3 and 4 of DP Act. 3. On the basis of the said chargesheet, a case came to be registered against the petitioners and two others in CC No.1414/2023 which is pending on the file of II Additional Civil Judge and JMFC II Court, Dharwad. The proceedings of the said criminal case are sought to be quashed by the petitioner-accused No.1 in this petition. 4. Learned counsel for the petitioner-accused No.1 has produced a copy of the order dated 27.01.2025 passed in MC No.3/2025 by the I Additional Principal Judge, Family Court, Hubballi, wherein the marriage of respondent No.2 with petitioner-accused No.1 has been dissolved and the said petition has been filed under Section 13-B of the Hindu Marriage Act, 1955. In the said order, at para No.17 it is mentioned as under; “17. It is further submitted that the petitioner No.1 has filed Crl.Misc.,147/2023 against the petitioner No.2 before this Hon’ble - 4 - NC: 2025:KHC-D:5805 CRL.P No. 101527 of 2025 court. Further the petitioner No.1 has filed CC No.1414/2023 against the petitioner No.2 before the II Addll., Civil Judge and JMFC II Court, Dharwad. That the petitioner No.1 has agreed to withdrawn the said cases which were filed against petitioner No.2 and his parents and give consent to quash the matter.” 5. As per the said para No.17, the respondent No.2 herein was petitioner No.1 therein had agreed to withdraw CC No.1414/2023 pending on the file of II Additional Civil Judge and JMFC II Court, Dharwad. 6. Learned counsel for respondent No.2 submits that respondent has no objection to quash the proceedings against the petitioner pending in CC No.1414/2023 on the file of II Additional Civil Judge and JMFC II Court, Dharwad. As the matter has been settled between the parties and as respondent No.2 has no objection to quash the proceedings against the petitioner-accused No.1, the petition deserves to be allowed and the proceedings against the petitioner-accused No.1 are required to be quashed. In the result the following; - 5 - NC: 2025:KHC-D:5805 CRL.P No. 101527 of 2025 ORDER i) The petition is allowed. ii) The proceedings against the petitioner-accused No.1 in CC No.1414/2023 pending on the file of II Additional Civil Judge and JMFC II Court, Dharwad are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 1 Sl No.: 31