- 1 - HC-KAR NC: 2025:KHC-D:7966 CRL.P No. 102344 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102344 OF 2025 (482 of Cr.PC/528 of BNSS) BETWEEN: 1. SHRI MALLESHAPPA S/O. SHIVALINGAPPA SINDAGI, AGE: 31 YEARS, OCC: FARMER, R/O. AT: POST AGADI, TQ. HUBBALLI, DIST. DHARWAD-581207. 2. SHRI SHIVALINGAPPA S/O. PARAPPA SHINDAGI, AGE: 63 YEARS, OCC: FARMER, R/O. AT: POST AGADI, TQ. HUBBALLI, DIST. DHARWAD-581207. …PETITIONERS (BY SHRI VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH WOMEN P.S. DHARWAD, DHARWAD SUB DIVISION DIST DHARWAD. 2. SMT. LAXMI W/O. MALLESHAPPA SHINDAGI, AGE: 28 YEARS, OCC: HOUSEWIFE, R/O. AT: POST AGADI, NOW AT HIREHARAKUNI, TQ. HUBBALLI, DIST. DHARWAD-581207. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SHRI GANAPATHI M. BHAT, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C NO.1022/2023 ON THE FILE OF IV ADDL. SENIOR CIVIL JUDGE AND JMFC DHARWAD, AT DHARWAD FOR THE OFFENCES PUNISHABLE U/S.323, 354(A), 498(A), 504 R/W. 34 OF IPC, IN SO FAR AS THE PETITIONERS ARE CONCERNED, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7966 CRL.P No. 102344 of 2025 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned counsel for the petitioners and respondent are present. The petitioners and de facto complainant are present. Learned HCGP for respondent-State is also present. 2. The petitioners and de facto complainant filed compromise petition under Section 320 of Code of Criminal Procedure and seeks permission of this Court to enter the compromise. The contents of compromise are as under; “The petitioners and 2nd respondent humbly submit as follows:- 1. The Respondent No. 2/Complainant lodged a complaint against the petitioners with false allegations. Based on the above complaint, the respondent police have registered FIR Crime No.18/2022 by the Women PS Dharwad for the offences punishable under sections 323, 354 (A), 498 (A), 504 R/w 34 IPC. Further, the Police filed - 3 - HC-KAR NC: 2025:KHC-D:7966 CRL.P No. 102344 of 2025 chargesheet and the Hon'ble Trial Court took the cognizance of the offences and the said case was converted into C.C. No. 1022/2023 on the file of IV Additional Senior Civil Judge and JMFC Dharwad at Dharwad. 2. The Petitioner No. 1 filed divorce petition bearing M.C. No. 08/2025 on the file of Senior Civil Judge and JMFC, Kundgol seeking divorce with the Respondent No. 2. After hearing the matter in length, the Trial Court dissolved the marriage solemnized on 26.02.2020 at Shri.Fakkireshwara Samasthanamatha Saunshi Village, Kundgol Taluk. And the Petitioner No. 1 has also given permanent alimony. 3. It is submitted that due to intervention of well-whishes of both parties, today without any force or coercion or pressure of others, voluntarily the 2nd respondent appeared by his advocate due to settled the matter out of court the 2nd respondent is ready to withdraw his-complaint. There is no any pressure from anybody and it is his own decision to withdraw the case against petitioners herein. Wherefore it is humbly prayed that, due to above said COMPROMISE between petitioners and 2nd respondent herein, please to accept compromise between the parties and be please to quash entire criminal proceedings registered in C.C.No.1022/2023 - 4 - HC-KAR NC: 2025:KHC-D:7966 CRL.P No. 102344 of 2025 on the file of IV Addl. Senior Civil Judge and JMFC Dharwad, At: Dharwad for the offences punishable under sections 323, 354 (A), 498 (A), 504 R/w 34 IPC, in so far as the petitioners are concerned in the interest of justice and equity.” 3. Perused the compromise petition and entire investigation papers. 4. The matter is amicably settled between the parties, accused Nos.1, 2 and the de facto complainant have entered the compromise. There is a decree of divorce in M.C. proceedings, thus, the de facto complainant agreed to withdraw all the criminal cases filed against the petitioners. Thus, they prayed to quash the entire proceedings. 5. Since, the accused persons and the de facto complainant have compromised the dispute with each other, it will be a futile exercise, if the accused persons are subjected to trial. Since, the probability of their conviction is remote and bleak. In view of the settlement arrived at - 5 - HC-KAR NC: 2025:KHC-D:7966 CRL.P No. 102344 of 2025 between the parties, the continuation of criminal proceedings would be an abuse of process of law. 6. Therefore, I deem it appropriate to accept the settlement between the parties and terminate the proceedings qua the petitioners. For the aforesaid reasons, I pass the following; ORDER i. The criminal petition is disposed of. ii. Impugned proceedings in C.C.No.1022/2023 on the file of IV Addl. Senior Civil Judge and JMFC., Dharwad stands quashed. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 3 Sl No.: 1