- 1 - NC: 2025:KHC-D:5329 CRL.P No. 103275 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103275 OF 2022 BETWEEN: 1. MANJUNATH S/O. SHIVASHARANAPPA MURCHAVAR, AGE:35 YEARS, OCC: PRIVATE WORK, R/O: SINDAGI, TQ: BAGALUR, NOW AT DEVINAGAR, KHB COLONY, H.NO.6 KUNJAKBAIL KAVOOR, MANGALORE – 575 015. 2. SMT. BHAVANI W/O. SHIVASHARANAPPA MURCHAVAR, AGE:56 YEARS, OCC: HOUSE WORK, R/O: SINDAGI, TQ: BAGALUR, NOW AT DEVINAGAR, KHB COLONY, H.NO.6 KUNJAKBAIL KAVOOR, MANGALORE – 575 015. 3. SHIVASHARANAPPA S/O. REVAPPA MURCHAVAR, AGE:61 YEARS, OCC: RETIRED, R/O: SINDAGI, TQ: BAGALUR, NOW AT DEVINAGAR, KHB COLONY, H.NO.6 KUNJAKBAIL KAVOOR, MANGALORE – 575 015. 4. SHUBAM D/O. SHIVASHARANAPPA MURCHAVAR, AGE:24 YEARS, OCC: BUSINESS, R/O: SINDAGI, TQ: BAGALUR, NOW AT DEVINAGAR, KHB COLONY, H.NO.6 KUNJAKBAIL KAVOOR, MANGALORE – 575 015. 5. ANITHA W/O. BASAVARAJ RAMAGOAL, AGE: 30 YEARS, OCC: BUSINESS, Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5329 CRL.P No. 103275 of 2022 R/O: ARALGUNDI, TQ: JEVARTA, DIST: KALABURGI – 585 310. 6. BASAVRAJ S/O. SANGANNA RAMAGOAL, AGE: 41 YEARS, OCC: LECTURER (PVT COLLEGE), R/O ARALGUNDI, TQ: JEVARTA, DIST: KALABURGI – 585 310. …PETITIONERS (BY SRI. CHANDRASHEKHAR S. NAGASHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY POLICE INSPECTOR MAHILA POLICE STATION, MINI VIDHANA SOUDHA, HUBBALLI. 2. SMT. SHILPA W/O. MANJUNATH MURCHAVAR, AGE: 32, OCC: PVT. WORK, R/O: BANASHANKARI COLONY, H.NO. 6, UDAYANAGAR, BENGERI, HUBBALLI – 580 023. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE FIR IN CRIME NO.32/2020 DATED 29.07.2020 AND PROCEEDING PENDING ON THE FILE OF THE COURT OF III ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI, IN CC NO.3159/2021 FOR OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506 R/W 149 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, AND ALLOW THE ABOVE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - NC: 2025:KHC-D:5329 CRL.P No. 103275 of 2022 ORAL ORDER This petition is filed by accused Nos.1 to 6 under Section 482 of Cr.P.C praying to quash the proceedings in C.C.No.3159/2021 pending on the file of the III Additional Civil Judge and JMFC, Hubballi, registered for offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of Indian Penal Code, 1860 (hereinafter referred to as ”IPC” for brevity) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as ”D.P. Act” for brevity). 2. Respondent No.2 has filed a complaint against petitioners and case came to be registered in Crime No.32/2020 for offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of IPC. The Police after investigation have filed charge sheet against petitioners for offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of IPC and Sections 3 and 4 of D.P. Act. On the basis of the said charge sheet, a case came to be registered in C.C.No. 3159/2021 and it is - 4 - NC: 2025:KHC-D:5329 CRL.P No. 103275 of 2022 pending on the file of the III Additional Civil Judge and JMFC, Hubballi. The proceedings of the said case sought to be quashed in this petition. 3. The matter is referred to the Mediation Centre for exploring possibility of settlement. Parties have entered into compromise and memorandum of compromise has been signed by petitioner No.1 and respondent No.2 and it is containing terms of settlement which reads as under; a. That the Petitioner No.1/Husband namely Sri. Manjunath M. Murchavar is ready to pay permanent alimony of Rs. 16,00,000/- (Sixteen Lakh Only) to the Respondent No.2/Wife Smt. Shilpa M. Murchavar towards the full and final settlement. The Respondent No.2/Wife Smt. Shilpa M. Murchavar is ready to accept the above said Rs.16,00,000/- as a permanent alimony towards full and final settlement. Both the parties having settled for the above said claim have no semblance of any right in respect of other moveable or immovable properties of the petitioners and Respondent. b. That the both the parties are ready to file a Petition U/s 13(B) of Hindu Marriage Act, 1955 for mutual consent of Divorce before the Hon'ble Principal Family Court, Hubballi on or before 24.04.2025 and both the parties are ready to keep themselves present before Family Court Hubballi. - 5 - NC: 2025:KHC-D:5329 CRL.P No. 103275 of 2022 c. The Respondent No.2/Wife unconditionally agreed to withdraw Crl. Misc No.294/2022, pending on the file of the I Addl. Principal Judge Family Court Hubballi, which is filed against Petitioner No.1/Husband for recovery of arrears of Maintanance same is pending. The Respondent No.2/Wife has agreed, not to initiate any recovery of arrears of maintenance as per the order passed in Crl Misc no.313/2024 which is filed by Respondent No.2/Wife against the Petitoner No.1/Husband for seeking for monthly maintenance. d. The Respondent No.2/Wife agreed that she will not claim any arrears of maintenance or she will not initiate any Proceedings, Civil or Criminal Cases including property rights etc., against the Petitioner No.1/Husband or against his Family members and his relatives in future. Equally so the petitioner NO. 1 and other petitioners who are the family members of the petitioner NO.1 shall have no claim whatsoever against the Respondent and the petitioners and the Respondent hereby undertake that they shall not file any petition, suit, complaints against each other in any forum. e. In the terms of the above the Respondent No.2/Wife has no objection to quash the CC no.3159/2021 for the punishable u/s 498(A), 323, 504, 506 r/w 149 IPC and 3,4 of Dowry Prohibition Act on the file of III Addl. Civil Judge & JMFC Hubballi f. The Petitioner No.1/Husband have returned golden ornaments which are 5 in numbers namely. 1) Golden Khada 2) 4 golden rings which are given by the parents of the Respondent No.2/wife to the Petitioner No.1/Husband at the time of their marriage. g. The Respondent No.2/Wife has returned the golden ornaments namely. 1) Golden Thali - 6 - NC: 2025:KHC-D:5329 CRL.P No. 103275 of 2022 Chain 2) Golden Chain 3) Golden ring which are given by the father of Petitioner No.1/ Husband to the Respondent No.2/Wife. i. The Respondent No.2/Wife acknowledges the receipt of the amount of Rs.16,00,000/- (Sixteen Lakhs only) through Demand Draft bearing no. 583403, dated: 13.03.2025 drawn on Canara Bank Hubballi, Vidyanagar Branch. j. Both parties and their family members have agreed to withdraw all the allegations and counter allegations made against each other in their respective cases and objections. Both the parties and their family members have agreed that they will not file any cases against each other in future. Both the Husband and Wife will not have any claim over the properties of each other.” 4. Respondent No.2 is present before the Court and submits that she has received Rs.16,00,000/-(Sixteen Lakhs Only) as permanent alimony towards final settlement from petitioner No.1 and she is ready to file joint petition for divorce under Section 13(B) of the Hindu marriage Act,1955. 5. In view of the settlement between petitioner No.1 and respondent No.2, the proceedings in C.C.No.3159/2021 pending on the file of the III Additional Civil Judge and JMFC, Hubballi are quashed. - 7 - NC: 2025:KHC-D:5329 CRL.P No. 103275 of 2022 6. Accordingly, the petition is allowed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 1