- 1 - HC-KAR NC: 2025:KHC-D:7919 CRL.P No. 102372 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102372 OF 2023 BETWEEN: 1. KRISHNAKUMAR S/O. BHAGWAN PATIL AGE 33 YEARS OCCUPATION: PVT SERVICE 2. VANAMALA W/O. BHAGWAN PATIL AGE 56 YEARS OCCUPATION: HOUSE WIFE 3. BHAGWAN PATIL AGE 58 YEARS OCCUPATION: AGRICULTURE AND BUSINESS 4. PRATIK S/O. BHAGWAN PATIL AGE 30 YEARS OCCUPATION: BUSINESS ALL ARE RESIDING AT 'DWARAKA NIWAS' JIJAMATA COLONY, 1ST LINE, AJARA DISTRICT: KOLHAPUR MAHARASHTRA: 416 505. …PETITIONERS (BY SRI SHREEVATSA HEGDE, ADVOCATE) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7919 CRL.P No. 102372 of 2023 AND: 1. THE STATE OF KARNATAKA THROUGH WOMEN POLICE STATION KHADEBAZAR SUB-DIVISION BELAGAVI REPRESENTED BY H.C.G.P. HIGH COURT OF KARNATAKA DHARWAD BENCH. 2. DEVAYANI KRISHNAKUMAR PATIL AGE 28 YEARS OCCUPATION: LAST KNOWN IS PVT. SERVICE, HOUSE WIFE, RESIDENT OF NO.10-1140, 3RD CROSS RAM NAGAR, KANGRALI-KH BELAGAVI-590 010. AND ALSO AT 'DWARAKA NIWAS' JIJAMATA COLONY, 1ST LINE. AJARA DISTRICT: KOLHAPUR MAHARASHTRA. …RESPONDENTS (BY SRI ABHISHEK MALLIPATIL, H.C.G.P., FOR R-1, & SRI BHARAT A. NARASGOUDA AND SRI DEEPAK S. KULKARNI, ADVOCATES, FOR R-2) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO QUASH THE F.I.R. IN CRIME NO.52 OF 2023 REGISTERED BY THE WOMEN POLICE STATION, KHADEBAZAR SUB-DIVISION, BELAGAVI, AGAINST THE PETITIONERS/ACCUSED NOS.1 TO 4 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND 506 READ WITH SECTION 34 OF THE I.P.C. AND ANY FURTHER PROCEEDINGS PURSUANT THERETO. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:7919 CRL.P No. 102372 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard, Sri Shreevatsa Hegde, learned counsel for the petitioners, Sri Abhishek Mallipatil, learned High Court Government Pleader for respondent No1.-State, and Sri Bharat A. Narasgouda and Sri Deepak S. Kulkarni, learned counsel for respondent No.2. 2. The petitioners have filed the petition under Section 482 of Cr.P.C., to quash the FIR in Crime No.52/2023 of Women Police station, Khadebazar P.S., Belagavi for offence punishable under Sections 498(A), 323, 504 and 506 Read with 34 of IPC. Taking excretion to the same, the petitioners have filed this petition. 3. Learned counsel for both the parties have filed a joint memo dated 20-6-2025, which reads as under: "Joint Memo "Herein the joint memo of the private parties in the above case is as under: - 4 - HC-KAR NC: 2025:KHC-D:7919 CRL.P No. 102372 of 2023 1. The parties agree that the 1st petitioner and the 2nd respondent are husband and wife. They agree that there were irreconcilable differences between them leading to irretrievable breakdown of their marriage. 2. The parties also agree that such differences having taken grave and serious turns have resulted in certain legal proceedings including the registration of F.I.R. in Cr. No.52/2023 registered by the Women Police Station, Khadebazar Sub- division, Belagavi against the petitioners for the alleged offences punishable under Sections 498(A), 323, 504, 506 read with 34 of I.P.C. 3. The parties agree that the 1st Petitioner had filed a suit in HMP 145/2022 before the Sr. Civil Judge, Gadahinglaj, Maharashtra for dissolution of marriage between himself and the 2nd respondent and for a decree of divorce. 4. The parties agree that the 1st Petitioner and the 2nd Respondent having agreed to end their marriage by way of dissolution and a decree of divorce have further presented a petition to the court of the Sr. Civil Judge, Gadahinglaj the terms of which inter alia provide for withdrawing all the allegations leveled by them against each other and - 5 - HC-KAR NC: 2025:KHC-D:7919 CRL.P No. 102372 of 2023 the Petitioners No.2 to 4 and further to withdraw from the prosecution of any pending cases. 5. The parties agree that such withdrawal of allegations naturally results in withdrawal of allegations in the complaint in Cr. No.52/2023 concerned herein. 6. The parties agree that the above said joint petition is in Marathi and a self-attested copy of the same is produced herewith. 7. The parties agree that they are well educated and understand the meaning and consequences of the above terms from a reading of the same. In view of the same, the parties pray that the above petition may be allowed quashing the proceedings in Cr. No.52/2023 registered by the Women Police Station, Khadebazar Sub-division, Belagavi against the Petitioners for the alleged offences punishable U/s.498(A), 323, 504, 506 R/w. 34 of IPC." 4. Learned High Court Government Pleader for respondent No.1-State submits that in view of the compromise arrived at between the parties, the Court may accept the joint memo and quash the proceedings. - 6 - HC-KAR NC: 2025:KHC-D:7919 CRL.P No. 102372 of 2023 5. Smt. Devayani Krishnakumar Patil, de facto complainant/respondent No.2 is physically present and submits that since the matter is amicably settled between herself and accused No.1 (husband) and accused No.1 has agreed for dissolution of marriage with her, she agrees to withdraw all cases registered against accused Nos.1 to 4. 6. Since the de facto complainant has resolved the dispute with the accused persons, it will be a futile exercise if the petitioners-accused are subjected to trial, since the probability of their conviction is remote and bleak. In view of the settlement arrived at between the parties, the continuation of the criminal proceedings will be abuse of process of law. 7. Joint memo is taken on record. 8. Accordingly, the criminal petition stands allowed and as a sequel, the proceedings in Crime No.52 of 2023 registered by the Women Police Station, Khadebazar Sub-division, Belagavi, against - 7 - HC-KAR NC: 2025:KHC-D:7919 CRL.P No. 102372 of 2023 the petitioners/accused Nos.1 to 4, for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860, are quashed. In view of disposal of the main petition, pending interlocutory applications, if any, stand disposed off. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 56