- 1 - NC: 2025:KHC-D:4934 CRL.P No. 101275 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101275 OF 2024 BETWEEN: 1. SRI DASARI PRADEEP KUMAR S/O. DASARI KESHAVALU, AGE: 34 YEARS, OCC: ENGINEER, R/O: NEAR NOORANI MOSQUE, WARD NO. 6, BANDIMOTT, BALLARI, AT PRESENT WARD NO.33, D. NO. 221, VALMIKI CIRCLE, BALLARI – 583101. 2. SRI ANNAPURNA @ ANNAPURNA D. S/O. DASARI KESHAVALU, AGE: 55 YEARS, OCC: HOUSEWIFE, R/O: NEAR NOORANI MOSQUE, WARD NO. 06, BANDIMOTT, BALLARI, AT PRESENT WARD NO. 33, D. NO. 221, VALMIKI CIRCLE, BALLARI – 583101. 3. SRI DASARI KESHAVALU S/O. CHIKKANNA, AGE: 55 YEARS, OCC: LABOURER, R/O: NEAR NOORANI MOSQUE, WARD NO. 06, BANDIMOTT BALLARI, AT PRESENT WARD NO. 33, D. NO. 221, VALMIKI CIRCLE, BALLARI – 583 101. …PETITIONERS (BY SRI SRINAND A. PACHHAPURE AND SRI RAJENDRA R. PATIL, ADVOCATES) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4934 CRL.P No. 101275 of 2024 AND: 1. THE STATE OF KARNATAKA, THROUGH BALLARI WOMEN POLICE STATION, NOW REP. BY STATE PUBLIC PROSEUCTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD – 580011. 2. SMT. PRIYANAKA W/O. DASARI PRADEEP KUMAR, AGE: 32 YEARS, OCC: HOUSEWIFE, R/O: GANDHINAGARA, BEHIND CHAITHANYA COLLEGE, BALLARI – 583 101. …RESPONDENTS (BY SRI RAMESH B. CHIGARI, AGA FOR R1; SRI Y. KOTRESHA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CODE OF CRIMINAL PROCEDURE, SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO. 1000/2022 ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC, BALLARI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498-A, 323, 504 AND 506 READ WITH SECTION 34 OF IPC, THE ORDER SHEET MARKED AT ANNEXURE-A, INSOFAR PETITIONERS/ACCUSED NO.1 TO 3 ARE CONCERNED AND GRANT ANY OTHER RELIEF AS DEEMED FIT IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4934 CRL.P No. 101275 of 2024 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 to 3 under Section 482 of Code of Criminal Procedure praying to quash entire criminal proceedings in C.C.No.1000/2022 pending on the file of IV Addl. Civil Judge and JMFC, Ballari registered for offences punishable under Sections 498-A, 323, 504 and 506 r/w Section 34 of IPC. 2. Respondent No.2 has filed complaint and the same came to be registered against the petitioners in Crime No.163/2021 of Ballari Women Police station for offences under Sections 498-A, 323, 504 and 506 r/w Section 34 of IPC. The police after investigation, filed chargesheet against the petitioners for the aforesaid offences and based on that, C.C.No.1000/2022 came to be registered against the petitioners for the said offences. The proceedings of the said criminal case are sought to be quashed in the present petition. - 4 - NC: 2025:KHC-D:4934 CRL.P No. 101275 of 2024 3. Learned counsel for petitioners would contend that the petitioner had filed M.C.No.71/2020 against the respondent No.2 seeking dissolution of marriage and in the said case, compromise petition has been filed on 13.06.2022. The said petition has been signed by the petitioner and respondent No.2 and their respective counsels. 4. He further submits that the Court based on the said compromise petition, has passed orders and ordered for dissolution of the marriage of the petitioner and respondent No.2 and also it is got recorded that Crl.Misc.185/2020 has been closed as fully settled in terms of the compromise. He further submits that as per term No.2(e), the respondent has to withdraw the case filed against this petitioner and she did not do so and therefore, the petitioner has filed the present petition. He further submits that the petitioner has complied all terms contained in compromise petition dated 13.06.2022 filed in - 5 - NC: 2025:KHC-D:4934 CRL.P No. 101275 of 2024 M.C.No.71/2020. On this ground, he prayed for quashing the proceedings against the petitioner. 5. Learned counsel for respondent No.2 would contend that even though respondent No.2 has received the entire amount of Rs.16,00,000/- paid towards settlement of the matter, as per terms in compromise petition filed in M.C.No.71/20020, but the petitioner has not returned gold ornaments weighing 16 tolas. It was orally agreed at the time of the said compromise that the said 16 tolas of gold ornaments have to be returned to respondent No.2 during the proceedings in C.C.No.1000/2022. He further submits that the said gold ornaments of 16 tolas have not been returned. 6. Petitioner and respondent No.2 are present before the Court. 7. Having heard learned counsels, the Court has perused the materials placed on record. - 6 - NC: 2025:KHC-D:4934 CRL.P No. 101275 of 2024 8. The marriage of petitioner and respondent No.2 dated 16.10.2020 has been dissolved as per compromise recorded in M.C.No.71/2020. As per terms of compromise petition dated 13.06.2022 filed in M.C.No.71/2020, the respondent No.2 has received Rs.16,00,000/- from the petitioner towards settlement of permanent alimony of herself and her daughter claimed in Crl.Misc.No.185/2020. There is no allegation against the petitioner of non- compliance of any of the terms in compromise petition filed in M.C.No.71/2020. As per term No.2(e), the respondent No.2 has to withdraw complaint filed by her pending in C.C.No.1000/2022. As the respondent No.2 did not withdraw the said proceedings, the petitioner has filed the present petition seeking quashing of proceedings of C.C.No.1000/2022 pending on the file of IV Addl. Civil Judge and JMFC, Ballari. 9. The Family Court accepted the said compromise between the petitioner and respondent No.2 and dissolved their marriage by order dated 20.08.2022. In the said - 7 - NC: 2025:KHC-D:4934 CRL.P No. 101275 of 2024 order, the learned Family Court has recorded the presence of the parties, compliance of terms contained in compromise petition. Even though, all the terms of the compromise are complied by the petitioner, the respondent No.2 did not comply term No.2(e)- withdrawing the case filed by her against the petitioners pending in C.C.No.1000/2022. Considering the said aspects, the proceedings against the petitioners pending in C.C.No.1000/2022 requires to be quashed. The claim of respondent No.2 with regard to gold ornaments of 16 tolas can be agitated by respondent No.2 by separate proceedings. 10. In view of the above, following: ORDER i. The petition is allowed. ii. The proceedings against the petitioners in C.C.No.1000/2022 pending on the file of - 8 - NC: 2025:KHC-D:4934 CRL.P No. 101275 of 2024 IV Additional Civil Judge and JMFC, Ballari are quashed. iii. The respondent No.2 is at liberty to initiate proceedings against the petitioners in accordance with law for recovery of gold ornaments of 16 tolas by initiating appropriate proceedings. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 1 Sl No.: 25