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2025 DAILYLAW 47346 (KAR)

SRI. PRAMOD S/O VITTAL POLO v. STATE OF KARNATAKA

CRL.P/101398/2025 · 2025-10-27

S Rachaiah

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14325 CRL.P No. 101398 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.101398 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. PRAMOD S/O. VITTAL POLO, AGE. 33 YEARS, OCC. PRIVATE JOB, R/O. SY. NO.130, 7TH CROSS, KESHAV NAGAR, YALLUR ROAD, VADAGAON, BELAGAVI-590003. 2. SRI. VITTAL S/O SIDDAPPA POLO, AGE. 65 YEARS, OCC. RETIRED SERVANT, R/O. SY. NO.130, 7TH CROSS, KESHAV NAGAR, YALLUR ROAD, VADAGAON, BELAGAVI-590003. 3. SMT. RENUKA W/O. VITTAL POLO, AGE. 57 YEARS, OCC. HOUSE WIFE, R/O. SY. NO.130, 7TH CROSS, KESHAV NAGAR, YALLUR ROAD, VADAGAON, BELAGAVI-590003. 4. SRI. LAXMAN S/O. VITTAL POLO, AGE. 40 YEARS, OCC. BUSINESS, R/O. SY. NO.130, 7TH CROSS, KESHAV NAGAR, YALLUR ROAD, VADAGAON, BELAGAVI-590003. …PETITIONERS (BY SRI. PRAVEEN S.PATTAR, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14325 CRL.P No. 101398 of 2025 AND: 1. STATE OF KARNATAKA, BY MAHILA POLICE STATION, HUBLI-DHARWAD SITUATED AT OPP. NEW BUS STAND DHARWAD-580008, REPRESENTED BY STATE P.P. 2. SMT. SUNIDHI W/O. PRAMOD POLO, AGE. 27 YEARS, OCC. PRIVATE JOB, RESIDING NOW AT PLOT NO.7, SANMAN COLONY, BEHIND NEW BUS STAND, GOKUL ROAD, HUBLI-580030. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. MRUTYUNJAY TATA BANGI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COMPLAINT IN DHARWAD-HUBLI WOMEN POLICE STATION CRIME NO.69/2024 ALONG WITH THE INFORMATION DATED 18.07.2024 REGISTERED WITH THE RESPONDENT DHARWAD- HUBLI WOMEN POLICE STATION AGAINST ACCUSED NO.1 TO 4 (ANNEXED VIDE ANNEXURE-A) AND QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING CC NO.10912/2024 FOR THE OFFENCES UNDER SECTIONS 498A, 323, 504, 506 R/W SECTION 34 OF IPC, 1860, AND SECTION 4 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, PENDING BEFORE THE III ADDL. CIVIL JUDGE AND JMFC, HUBLI, AGAINST THE ACCUSED NO.1 TO 4/PETITIONERS NO.1 TO 4 AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:14325 CRL.P No. 101398 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Heard Sri.Praveen S.Pattar, learned counsel for the petitioners, Sri.Praveen Y.Devareddi, learned HCGP for respondent No.1 - State and Sri.Mrutyunjay Tata Bangi, learned counsel for respondent No.2. 2. The learned counsels for the respective parties have filed an application under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 along with joint memorandum of settlement. 3. The joint memorandum of settlement is duly signed by the petitioners, respondent No.2 and their learned counsels respectively. Paragraph Nos.4, 5 and 6 of said joint memo read as under: “4. Pursuant to the settlement, the parties submit the following material facts: a. Divorce Granted: Petitioner No. 1 and Respondent No. 2 have already obtained a decree of divorce by mutual consent from - 4 - HC-KAR NC: 2025:KHC-D:14325 CRL.P No. 101398 of 2025 the competent Family Court at Vijaypur in Matrimonial Case No. 395/2024. b. DV Petition Withdrawn: Respondent No. 2 has voluntarily withdrawn her petition filed under the Protection of Women from Domestic Violence Act, 2005, which was pending as Criminal Miscellaneous Case No. 1839/2024 before the Additional JMFC, Vijaypur. 5. Terms of Settlement: a. Respondent No. 2 affirms that she has amicably settled all issues with the Petitioners/Accused Nos. 1 to 4. b. Respondent No. 2 confirms that she has no further claims whatsoever against the Petitioners, including but not limited to, claims for maintenance, permanent alimony, or claims over property, present or future. c. In light of the full and final settlement, Respondent No. 2 states that she no longer wishes to prosecute the Petitioners in the aforementioned criminal case. She confirms that the allegations made in the original complaint (Crime No. 69/2024) are withdrawn and that she has no objection to the quashing of the entire proceedings in Criminal Case No. 10912/2024. 6. The Petitioners and Respondent No. 2 jointly pray to this Hon'ble Court to accept this Joint Memorandum of Settlement and, in the interest of justice and to secure the ends of justice, to - 5 - HC-KAR NC: 2025:KHC-D:14325 CRL.P No. 101398 of 2025 exercise its inherent powers to quash the entire proceedings in Criminal Case No. 10912/2024.” 4. In view of the facts and circumstances of the case, it is appropriate to record the compromise in order to maintain quietus between the parties. 5. Hence, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the settlement. ii) The entire proceedings in C.C. No.10912/2024 on the file of III Additional Civil Judge and JMFC, Hubli, arising out of Crime No.69/2024, are hereby quashed. iii) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE UN/CT: UMD List No.: 2 Sl No.: 29