- 1 - NC: 2025:KHC-D:6913 CRL.P No. 101703 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101703 OF 2025 BETWEEN: MAHAMMAD GOUS @ MOHAMMED GOUSSAB S/O. ISAMYIL @ ISMAIL NAREGAL, AGE: 32 YEARS, OCC:COOLIE, OCC: BUSINESS, R/O: 400/D PLOT NO.110, RAJOTESVAR NAGAR, GANGIMADI ROAD, KAGADKAR COMPLEX, GADAG – 582 103. …PETITIONER (BY SRI. A. A. PATHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH I.O. YELLAPUR POLICE STATION), R/BY H.C.G.P. HIGH COURT BENCH, DHARWAD, HIGH COURT BUILDING, PIN CODE: 580 011. 2. SMT. SADHIKA W/O. MAHAMMAD GOUSE NAREGAL, AGE: 31 YEARS, OCC: HOUSEWIFE, R/O: TAJ NAGAR, GADAG – 582 103, NOW AT KALAMMA NAGAR, YELLAPUR, UTTAR KANNADA – 581 359. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. SAIYED D. MULLA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS, 2023) SEEKING TO CALL FOR RECORDS IN C.C.NO. 195/2024 PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C., YELLAPUR AND QUASH THE ENTIRE PROCEEDINGS C.C.NO. 195/2024 DATED 18.06.2024 PENDING ON THE FILE OF BEFORE THE LEARNED CIVIL JUDGE AND J.M.F.C. YELLAPUR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506 R/W 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT. AGAINST THE ABOVE NAMED PETITIONER/ACCUSED NO.1 REGISTERED BY THE YELLAPUR POLICE STATION CRIME NO. 183/2023 DATED 19.10.2023. PASS SUCH ORDER AS DEEMED FIT IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6913 CRL.P No. 101703 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as ‘BNSS’ for short] praying to quash the proceedings in CC No.195/2024 pending on the file of Civil Judge and JMFC, Yellapur registered for offences punishable under Sections 498(A), 323, 504, 506 r/w. Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act [hereinafter referred to as ‘DP Act’ for short] [arising out of Crime No.183/2023 of Yellapur Police Station]. 2. On the basis of the complaint filed by respondent No.2, a case came to be registered against the petitioner and others in Crime No.183/2023 of Yellapur Police Station for the offences punishable under Sections 498(A), 323, 504, 506 r/w. Section 34 of IPC and Sections - 3 - NC: 2025:KHC-D:6913 CRL.P No. 101703 of 2025 3 and 4 of DP Act. The Police after investigation has filed chargesheet against the petitioner and others for the aforesaid offences. Based on the chargesheet, a case came to be registered against the petitioner in CC No.195/2024 and it is pending on the file of Civil Judge and JMFC, Yellapur. The proceedings of the said criminal case are sought to be quashed by the petitioner in the present petition. 3. Sri.Saiyed D.Mulla, the learned counsel has filed vakalath for respondent No.2. Learned Additional Government Advocate accepts notice for respondent No.1- State. 4. A joint application is filed under Section 482 r/w. Section 320 of Cr.P.C/ Section 528 r/w. Section 359 of BNSS and it is signed by the petitioner, respondent No.2 and their respective counsels and it is enclosed with an affidavit of petitioner and respondent No.2. - 4 - NC: 2025:KHC-D:6913 CRL.P No. 101703 of 2025 5. In terms of the joint application, the matter has been settled between the petitioner and the respondent No.2. Respondent No.2 is present before the Court and submits that she has settled the matter with the petitioner and she has no objections for quashing the proceedings of the criminal case against the petitioner. 6. In view of the said settlement between the parties, the proceedings in CC No.195/2024 pending on the file of Civil Judge and JMFC, Yellapur registered for offences punishable under Sections 498(A), 323, 504, 506 r/w. Section 34 of IPC and Sections 3 and 4 of DP Act [arising out of Crime No.183/2023 of Yellapur Police Station] are quashed. Accordingly, the petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ CT-ASC List No.: 1 Sl No.: 9