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2025 DAILYLAW 50243 (KAR)

ASHOK S/O LATE RAVINDRA KARANAM v. THE STATE OF KARNATAKA

CRL.P/100246/2024 · 2025-04-29

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:7073 CRL.P No. 100246 of 2024 C/W CRL.P No. 100249 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.100246 OF 2024 C/W CRIMINAL PETITION NO.100249 OF 2024 IN CRL.P.NO.100246/2024: BETWEEN: 1. ASHOK S/O. LATE RAVINDRA KARANAM, AGE: 36 YEARS, OCC: BUSINESS, R/O: 19TH WARD, HADAGALI TOWN, DIST: VIJAYANAGARA – 583 101. 2. SMT. GEETA W/O. LATE RAVINDRA KARANAM, AGE: 70 YEARS, OCC: HOUSEWIFE, R/O: 19TH WARD, HADAGALI TOWN, DIST: VIJAYANAGARA – 583 101. …PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BY HADAGALI POLICE STATION, HADAGALI, DIST: VIJAYANAGAR – 580 011. 2. SUSHMA W/O. ASHOK KARANAM, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O: 19TH WARD, HADAGALI TOWN, DIST: VIJAYANAGARA – 583 101. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. K.L.PATIL, SRI. S.S.BETURMATH & SRI B.G.INDIA, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT AND FIR AGAINST THE PETITIONER NO.1-2/ACCUSED NO.1-2 IN CRIME NO.204/2023 OF Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7073 CRL.P No. 100246 of 2024 C/W CRL.P No. 100249 of 2024 HADAGALI POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506, 109 READ WITH 34 OF IPC, ON THE FILE OF CIVIL JUDGE AND JMFC, HADAGALI IN THE ENDS OF JUSTICE AND EQUITY. IN CRL.P.NO.100249/2024: BETWEEN: 1. HARSHA S/O. LATE RAVINDRA KARANAM, AGE: 41 YEARS, OCC: BUSINESS R/O: NAVANAGAR, TALUK: HUBBALLI – 580 020, DIST: DHARWAD. 2. SMT. SHILPA W/O. HARSHA KARANAM, AGE: 36 YEARS, OCC: HOUSEWIFE, R/O: NAVANAGAR, TQ: HUBBALLI – 580 020, DISTRICT: DHARWAD. …PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HADAGALI, DIST: VIJAYANAGAR – 580 001. 2. SUSHMA W/O. ASHOK KARANAM, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O: 19TH WARD, HADAGALI TOWN, DIST: VIJAYANAGARA – 583 219. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. K.L.PATIL, SRI. S.S.BETURMATH & SRI B.G.INDIA, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT AND FIR AGAINST THE PETITIONER NO.1-2/ACCUSED NO.3-4 IN CRIME NO.204/2023 OF HADAGALI POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506, 109 READ WITH 34 OF IPC ON THE FILE OF CIVIL JUDGE AND JMFC, HADAGALI IN THE ENDS OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:7073 CRL.P No. 100246 of 2024 C/W CRL.P No. 100249 of 2024 THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P.No.100249/2024 is filed by petitioners – accused Nos.1 and 2 and Crl.P.No.100249/2024 is filed by petitioners –accused Nos.3 and 4 praying to quash the complaint and FIR in Crime No.204/2023 of Hadagali Police Station registered for offences punishable under Sections 498A, 323, 504, 506, 109 read with Section 34 of Indian Penal Code (hereinafter referred to as “IPC” for brevity). 2. On the complaint of respondent No.2, a case came to be registered against petitioners –accused Nos.1 to 4 in Crime No.204/2023 of Hadagali Police Station for offences punishable under Sections 498A, 323, 504, 506, 109 read with Section 34 of IPC. The said complaint and FIR are sought to be quashed in the present petition. 3. Application under Section 320 read With 482 of Cr.P.C is filed and the said application is signed by - 4 - NC: 2025:KHC-D:7073 CRL.P No. 100246 of 2024 C/W CRL.P No. 100249 of 2024 petitioners –accused Nos.1 to 4 and respondent No.2 and their respective counsels. It is enclosed with affidavits of petitioner No.1 – Ashok S/o late Ravindra Karanam and respondent No.2 and identity documents of petitioners and respondent No.2. 4. The terms of settlement are stated in para No.3 of application and they are as under: “A. That, the petitioner No 1 in criminal petition No 100246/2024 is husband of 2nd respondent. The petitioner No 1/husband henceforth has agreed to make separate/rental house for 2nd respondent, both the husband and wife shall reside at rental house, untill construction of new house is completed. B. Further, the 1st petitioner/husband is constructing house on the first floor of the existing house, and after completion of construction work, it is agreed by 2nd respondent and the 1st petitioner that they shall move into that house and reside separately. - 5 - NC: 2025:KHC-D:7073 CRL.P No. 100246 of 2024 C/W CRL.P No. 100249 of 2024 C. That, the 2nd respondent is an educated lady and she has always wished to work. Therefore, it is agreed that, petitioners shall not object if the 2nd respondent wishes to go for work. D. Further, the 2nd respondent has agreed to withdraw all the allegations made against the petitioners, and she would also intend to get the matter setteled on the above terms.” 5. Petitioners –accused Nos.1 to 4 are present. Respondent No.2 is also present and she submits that she has settled the matter with petitioners –accused Nos.1 to 4 and she has no objections to quash the proceedings against petitioners. During the pendecy of the present petition, charge sheet has been filed against petitioners – accused Nos.1 to 4 and case has been registered against them in C.C. No.7/2024 and it is pending on the file of the Civil Judge and JMFC, Hoovina Hadagali for offences punishable under Sections 498A, 323, 504, 506, 109 read with Section 34 of IPC. 6. In view of the settlement of the mater, the proceedings against petitioners –accused Nos.1 to 4 in - 6 - NC: 2025:KHC-D:7073 CRL.P No. 100246 of 2024 C/W CRL.P No. 100249 of 2024 C.C.No.7/2024 (arising out of Crime No.204/2023 of Hadagali Police Station) pending on the file of the Civil Judge and JMFC, Hoovina Hadagali are quashed. Accordingly, both petitions are disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 2 Sl No.: 2