- 1 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 668 OF 2025 BETWEEN: 1. KRISHNAMURTHY @ KRISHNAMURTHI S/O SANNATHIMMAIAH AGED ABOUT 45 YEARS OCC: AGRICULTURIST R/O RUDRAGUDI BEEDI BEHIND MALLIGYAMMA TEMPLE ARASIKERE TOWN, HASSAN DISTRICT PRESENTLY R/AT THALALURU VILLAGE ARASIKERE TOWN, HASSAN DISTRICT-573 103. 2. LOKESHA S/O SANNATHIMMAIAH AGED ABOUT 47 YEARS OCC: TAILOR, R/O BEHIND BSNL OFFICE LAKSHMIPURA, ARASIKERE TWON HASSAN DISTRICT-573 103. 3. KARIYAMMA W/O SANNATHIMMAIAH AGED ABOUT 50 YEARS OCC: HOUSEHOLD WORK R/O RUDRAGUDI BEEDI BEHIND MALLIGYAMMA TEMPLE ARASIKERE TOWN, HASSAN DISTRICT-573 103 (IN THE CHARGE SHEET NAME IS MENTIONED AS KRIYAMMA W/O SANNATHIMMAIAH) 4. THUNGAMANI W/O SOMASHEKARA AGED ABOUT 39 YEARS Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 OCC: HOUSEHOLD WORK R/O INFRONT OF MALLIGAMMA TEMPLE ARASIKERE TOWN, HASSAN DISTRICT-573 103 5. SANNATHIMMAIAH S/O LATE DHYAVAIAH AGED ABOUT 80 YEARS OCC: AGRICULTURIST R/O INFRONT OF MALLIGAMMA TEMPLE ARASIKERE TOWN, HASSAN DISTRICT-573 103. …PETITIONERS (BY SRI. R.B DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ARASIKERE TOWN POLICE STATION ARASIKERE SUB-DIVISION, HASSAN DISTRICT-573 103 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU-560 001) 2. SMT. VINODHA W/O KRISHNAMURTHI AGED ABOUT 44 YEARS OCC: HOUSEHOLD WORK R/O RUDRAGUDI BEEDI BEHIND MALLIGYAMMA TEMPLE ARASIKERE TOWN, HASSAN DISTRICT-573 103. …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R1, SRI. HARISH B.S, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST PETITIONERS IN S.C NO. 128/2017 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN (CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 323, 307 R/W 34 IPC AND SECTION 3, 4 OF DOWRY PROHIBITION ACT - 3 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 1961 IN CRIME NO. 148/2015 OF ARASIKERE TOWN POLICE STATION). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following relief: "It is therefore prayed that this Hon'ble High Court may be pleased to quash the criminal proceedings against petitioners in S.C. No. 128/2017 on the file of II Addl. District and Sessions Judge, Hassan (charge sheeted for the offences punishable under Sections 498-A, 323, 307 R/w 34 IPC and Section 3, 4 of Dowry Prohibition Act 1961 in Crime No, 148/2015 of Arasikere Town Police Station) in the interest of justice." 2. Learned counsel for the petitioners-accused Nos.1 to 5 and learned counsel for respondent No.2-complainant have filed the application-I.A.No.1/2025 for compounding duly signed by petitioner No.1, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioner No.1-accused No.1, respondent No.2 and their respective counsel are physically present before the Court - 4 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 and they admit the contents of the application-I.A.No.1/2025 filed for compounding, which reads as under:- "APPLICATION UNDER SECTION 482 R/w 320 OF THE CODE OF CRIMINAL PROCEDURE FOR COMPOUNDING 1. That the Petitioners have preferred the above Criminal Petition challenging the initiation of criminal proceedings against them for the offence punishable under Sections 498-A, 323, 307 R/w 34 IPC and Section 3, 4 of Dowry Prohibition Act 1961 in Crime No. 148/2015 of Arasikere Town Police Station which is pending on the file of II Addl. District and Sessions Judge, Hassan in S.C. No.128/2017. 2. It is humbly submitted that petitioner No.1/accused No. and respondent No.2/complainant are husband and wife. It is submitted that on 09-04- 2021 a suit for declaration/compensation under order 7 Rule 1 and 2 of CPC was filed by the complainant/Respondent No. 2 (Plaintiff) herein and her son on the file of Prl. Civil Judge and JMFC, Arasikere in O.S. No. 245/2021 against her husband/petitioner No. 1 herein (Defendant). During the proceedings plaintiff and defendant filed a compromise petition under Order 23 Rule 3 CPC and accordingly on 19-07-2024 suit was decreed as per compromise. In the said application complainant - 5 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 (plaintiff)/respondent No. 2 agreed to close the above criminal petition before this Hon'ble High Court by compromising. Copy of the same is produced in the accompanying criminal petition. Hence the above criminal petition for compromise. 3. It is humbly submitted that above compromise is arrived at the advice of the elders of family members and thus it is amicably settled between the parties. In view of the settlement arrayed between the parties the complainant/Respondent No.2 withdraws her allegations against the petitioners. Hence the complainant/respondent No.2 does not intend to proceed against the petitioners in the above case. The above said settlement is voluntary and without any undue influence. Under these circumstances this Hon'ble High Court may be pleased to permit the petitioners and respondent No 2/complainant to compound the case by quashing the criminal proceedings against the petitioners. IT IS THEREFORE prayed that this Hon'ble High Court may be pleased to permit the Petitioners and the Respondent No. 2/Complainant to compound the offences and be pleased to quash the criminal proceedings against petitioners in S.C. No. 128/2017 on the file of II Addl. District and Sessions Judge, Hassan (charge sheeted for the offences punishable under Sections 498-A, 323, 307 R/w 34 IPC and - 6 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 Section 3, 4 of Dowry Prohibition Act 1961 in Crime No, 148/2015 of Arasikere Town Police Station) in the interest of justice. Joint Affidavit verifying the application Herein we, (1)Krishnamurthy @ Krishnamurthi S/o Sannathimmaiah, aged about 45 years, occ: Agriculturist, resident of Rudragudi Beedi, Behind Malligyamma Temple, Arasikere Town, Hassan District, presently R/a Thalaluru Village, Arasikere Town, Hassan District AND (2) Smt. Vinodha W/o Krishnamurthi, aged about 40 years, Occ: Household work, residing at Rudragudi Beedi, Behind Malligyamma Temple, Arasikere Town, Hassan District, both are at Bengaluru today, do hereby solemnly affirm and state on oath as follows: 1. We state that we are petitioner No.1 and respondent No.2 respectively in the above criminal petition and we know the facts of the case and together filed the application for compounding the offences and thereby abashment of impugned proceedings. 2. We humbly submit that we viz., petitioner No.1/accused No.1 and respondent No.2/complainant are husband and wife. It is submitted that on 09-04- - 7 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 2021 a suit for declaration/compensation under order 7 Rule 1 and 2 of CPC was filed by me i.e. the complainant/Respondent No. 2 (Plaintiff) herein and my son on the file of Prl. Civil Judge and JMFC, Arasikere in O.S. No. 245/2021 against my husband/petitioner No. 1 herein (Defendant). During the proceedings we i.e. Plaintiff and defendant filed a compromise petition under Order 23 Rule 3 CPC and accordingly on 19-07-2024 suit was decreed as per compromise. In the said application I, the complainant (plaintiff)/respondent No. 2 agreed to close the above criminal petition before this Hon'ble High Court by compromising. Hence the above criminal petition for compromise. 3. We humbly submit that above compromise is arrived at the advice of the elders of family members and thus it is amicably settled between us. In view of the settlement arrayed between the parties the I, the complainant/Respondent No.2 withdraws my allegations against all the petitioners. Hence I, the complainant/respondent No.2 does not intend to proceed against the petitioners in the above case. The above said settlement is voluntary and without any undue influence. Under these circumstances this Hon'ble High Court may be pleased to permit us i.e. the petitioners and respondent No 2/complainant to - 8 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 compound the case by quashing the criminal proceedings against the petitioners. IT IS THEREFORE prayed that this Hon'ble High Court may be pleased to permit the Petitioners and myself i.e. the Respondent No. 2/Complainant to compound the offences and be pleased to quash the criminal proceedings against petitioners in S.C. No. 128/2017 on the file of II Addl. District and Sessions Judge, Hassan (charge sheeted for the offences punishable under Sections 498-A, 323, 307 R/w 34 IPC and Section 3, 4 of Dowry Prohibition Act 1961 In Crime No, 148/2015 of Arasikere Town Police Station) in the interest of justice." 4. In view of the aforesaid settlement entered into between petitioner No.1 and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of the application-I.A.No.1/2025 dated 25.02.2025 filed under Section 482 r/w Section 320 of Cr.P.C. (ii) The proceedings in S.C.No.128/2017 (arising out of Crime No.148/2015 of respondent No.1– Police) registered for the offences punishable under Sections 498-A, 323, 307 r/w 34 of IPC - 9 - NC: 2025:KHC:8360 CRL.P No. 668 of 2025 and Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of II Addl. District and Sessions Judge, Hassan, insofar as the petitioners are concerned, are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 2 Sl No.: 19