Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 47639 (KAR)

SRI. RAJASHEKAR S/O MALLESHAPPA KAMADOLLI v. THE STATE OF KARNATAKA

CRL.P/102584/2023 · 2025-03-17

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:4863 CRL.P No. 102584 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.102584 OF 2023 BETWEEN: 1. SRI RAJASHEKAR S/O. MALLESHAPPA KAMADOLLI, AGE: 70 YEARS, OCC: PRIVATE SERVICE, 2. SMT. SAROJA W/O. RAJASHEKAR KAMADOLLI, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O: PACIFIC GAJANAN APARTMENT, 2ND FLOOR, OPP. KEMPPANNAVAR KALYANMANTAP, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN: 580 009. …PETITIONERS (BY SRI SANTOSH B. MALAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH P S I HD CITY WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD, PIN: 580011. 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: 580001. …RESPONDENTS (BY SRI RAMESH B. CHIGARI, AGA FOR R1; SRI CHETAN KULKARNI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE IMPUGNED CHARGE SHEET SUBMITTED IN HUBLI-DHARWAD CITY WOMEN PS CRIME NO. 0047/2023 REGISTERED FOR OFFENCES P/U/SEC. 498A, 504, 506, R/W SEC. 149 OF IPC AND U/SEC. 3, 4 OF DOWRY PROHIBITION ACT, 1961 Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4863 CRL.P No. 102584 of 2023 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC II COURT DHARWAD IN C.C.NO. 1414/2023, INSOFAR AS PRESENT PETITIONERS/ACCUSED NOS.2 AND 3 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. 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 Nos.2 and 3 under Section 482 of the Code of Criminal Procedure praying to quash proceedings in C.C.No.1414/2023, pending on the file of II Addl. Civil Judge and JMFC-II Court, Dharwad registered for offences punishable under Sections 498-A, 504, 506 r/w Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 (hereinafter referred to as ‘the D.P. Act’, for short), arising out of Hubballi-Dharwad City women Police Station Crime No.47/2023. 2. Respondent No.2 has filed complaint and same came to be registered in Crime No.47/2023 against the petitioners and others for offences under Sections 498-A, 504, 506 r/w Section 149 of IPC and Sections 3 and 4 of the D.P. Act. The police after investigation, filed a - 3 - NC: 2025:KHC-D:4863 CRL.P No. 102584 of 2023 chargesheet against the petitioners and others for offences under Sections 498-A, 504, 506 r/w Section 34 of IPC and Sections 3 and 4 of the D.P. Act. 3. On the basis of the said chargesheet, a case came to be registered against the petitioners and others in C.C.No.1414/2023 which is pending on the file of II Addl. Civil Judge and JMFC-II Court, Dharwad. The proceedings of the said criminal case are sought to be quashed by the petitioners/accused Nos.2 and 3 in this petition. 4. Learned counsel for petitioners has placed on record the order dated 27.01.2025 in M.C.No.3/2025 passed by I Addl. Prl. Judge, Family Court, Hubballi, wherein, the marriage of respondent No.2 with accused No.1-Sri. Veeresh @ Karan S/o Rajashekar Kamadolli has been dissolved and the said petition had been filed under Section 13-B of Hindu Marriage Act, 1955. In the said order, at paragraph No.17 it is mentioned as under: “17. It is further submitted that the petitioner No.1 has filed Crl.Misc., - 4 - NC: 2025:KHC-D:4863 CRL.P No. 102584 of 2023 147/2023 against the petitioner No.2 before this Hon’ble court. Further the petitioner No.1 has filed CC No.1414/2023 against the petitioner No.2 before the II Addl., 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 paragraph No.17, respondent No.2 herein was petitioner No.1 therein had agreed to withdraw C.C.No.1414/2023 pending on the file of II Addl. Civil Judge and JMFC-II Court, Dharwad. 6. Learned counsel for respondent No.2 submits that respondent No.2 has no objection to quash the proceedings against petitioners pending in C.C.No.1414/2023 on the file of II Addl. Civil Judge and JMFC-II Court, Dharwad. As the matter has been settled between the parties and as the respondent No.2 has no objection for quashing the proceedings against the petitioners, the petition deserves to be allowed and - 5 - NC: 2025:KHC-D:4863 CRL.P No. 102584 of 2023 proceedings against the petitioners are requires to be quashed. 7. In the result, the following: ORDER i. The petition is allowed. ii. The proceedings against the petitioners in C.C.No.1414/2023 pending on the file of II Addl. Civil Judge and JMFC-II Court, Dharwad are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 1 Sl No.: 36