- 1 - NC: 2025:KHC-D:3737 CRL.P No. 103231 of 2022 C/W CRL.P No. 102946 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103231 OF 2022 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 102946 OF 2022 IN CRL.P. NO.103231 OF 2022: BETWEEN: SHRI. ARUN S/O. SHIVAMURTHAYYA HIREMATH AGE. 32 YEARS, OCC. SOFTWARE ENGINEER, R/O. GANGA SEDAN, 2ND CROSS, B BLOCK, AESC LAYOUT, WHIREFIELD, BENGALURU-560006. …PETITIONER (BY SRI. K.L.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THEOUGH HUBLI-DHARWAD WOMEN P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. SHRUTI W/O. ARUN HIREMATH AGE. 29 YEARS, OCC. SOFTWARE ENGINEER, R/O. H.NO. F-4, RENUKA COMFOR APARTMENT, SHREYA NAGAR, 2ND STAGE, GOKUL ROAD, HUBLI-580030. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. SUNIL S.DESAI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE PROCEEDINGS IN CC NO.3187/2022 ON THE FILE OF IIIRD ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI REGISTERED FOR THE OFFENCES PUNISHABLE U/S 498A, 307, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:54 +0530 - 2 - NC: 2025:KHC-D:3737 CRL.P No. 103231 of 2022 C/W CRL.P No. 102946 of 2022 323, 504, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT (HUBLI-DHARWAD PS CRIME NO.31/2021) IN SO FAR AS THE PRESENT PETITIONERS/ACCUSED NO.1 IS CONCERNED. IN CRL.P. NO.102946 OF 2022: BETWEEN: 1. DR. SHIVAMURTHAYYA S/O. CHANNABASAYYA HIREMATH, AGE. 69 YEARS, OCC. PRIVATE WORK, R/O. # 294, ANNAPURNA NILAYA, RENUKA NAGAR, HUBLI-580030. 2. SMT. ANNAPURNA W/O. SHIVAMURTHAYYA HIREMATH, AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. # 294, ANNAPURNA NILAYA, RENUKA NAGAR, HUBLI-580030. 3. DR. KIRAN S/O. SHIVAMURTHAYYA HIREMATH, AGE. 36 YEARS, OCC. DOCTOR, R/O. # 294, ANNAPURNA NILAYA, RENUKA NAGAR, HUBLI-580030. …PETITIONERS (BY SRI. K.L.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HUBLI-DHARWAD WOMEN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. SHRUTI W/O. ARUN HIREMATH AGE. 29 YEARS, OCC. SOFTWARE ENGINEER, R/O.H.NO. F-4, RENUKA COMFORT APARTMENT, SHREYANAGAR, 2ND STAGE, GOKUL ROAD, HUBLI-580030. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. SUNIL S.DESAI, ADV. FOR R2) - 3 - NC: 2025:KHC-D:3737 CRL.P No. 103231 of 2022 C/W CRL.P No. 102946 of 2022 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE PROCEEDINGS IN CC NO.3187/2022 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI, REGISTERED FOR OFFENCES PUNISHABLE U/SEC. 498A, 307, 323, 504, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, (HUBLI-DHARWAD WOMEN P.S. CRIME NO.31/2021) IN SO FAR AS THE PRESENT PETITIONERS/ACCUSED NO.2 TO 4 ARE CONCERNED THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who has been charge-sheeted for offences punishable under Sections 498A, 307, 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860, and under Sections 3 and 4 of the Dowry Prohibition Act, is before this Court seeking relief. 2. The prosecution alleges that the petitioner/accused- husband subjected the de facto complainant to both mental and physical cruelty and demanded that she bring money from her parental home. It is further alleged that he threatened and assaulted the de facto complainant. 3. Heard were the learned counsel for the petitioner, the learned counsel for respondent No.2, and the learned Additional Government Advocate for the respondent–State. 4. The parties are present before this Court, and the petitioner/accused has undertaken that he will cooperate with respondent No.2 to dissolve their marriage mutually, and that they - 4 - NC: 2025:KHC-D:3737 CRL.P No. 103231 of 2022 C/W CRL.P No. 102946 of 2022 will jointly file an application to revive the petition under Section 13B of the Hindu Marriage Act. The de facto complainant, who is present before this Court, has stated that she is willing to withdraw all allegations against the petitioner, provided that he cooperates in dissolving their marriage mutually. She further declares that she has no claim for permanent alimony. 5. In light of the submissions made by the parties, the following order is passed: i. Accordingly, the petition is allowed, and the impugned proceedings in C.C. No.3187/2024, pending before the III Additional Civil Judge and JMFC, Hubali, are hereby quashed, subject to the following conditions: a. The petitioner shall cooperate with respondent No.2 in dissolving their marriage mutually and shall jointly file an application to revive the petition under Section 13B of the Hindu Marriage Act, which was previously dismissed for non-prosecution. b. The Trial Court shall, upon receiving the application to revive the petition under Section 13B of the Hindu Marriage Act, pass an appropriate order in accordance with law within four weeks from the next date of hearing. c. In the event that the petitioner fails to abide by the undertaking given herein, the present petition shall be revived. - 5 - NC: 2025:KHC-D:3737 CRL.P No. 103231 of 2022 C/W CRL.P No. 102946 of 2022 d. Respondent No.2 shall not insist on the payment of Rs.10 lakhs as permanent alimony. e. The parties shall appear before the Family Court, Hubali, in MVC No.10/2023 on 10.03.2025. ii. In view of the order passed in Crl.P. No.103231/2022 quashing the proceedings in C.C. No.3187/2022, Crl.P. No.102946/2022 is also allowed, and the impugned proceedings in C.C. No.3187/2022, pending before the III Additional Civil Judge and JMFC, Hubli, insofar as they relate to accused Nos. 3, 2, and 4, are hereby quashed. 6. List this matter for compliance on 21.04.2025. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 225