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2025 DAILYLAW 52630 (KAR)

BALAPPA S/O BASAVARAJ ALIAS BASAVANNI PATIL v. THE STATE OF KARNATAKA

CRL.P/103470/2024 · 2025-04-17

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:6549 CRL.P No. 103470 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103470 OF 2024 BETWEEN: 1. BALAPPA S/O. BASAVARAJ @ BASAVANNI PATIL, AGE: 71 YEARS, OCC: AGRICULTURE, R/O: SULTANPUR, TAL: HUKKERI, DIST: BELAGAVI – 587 118. 2. SMT. SUMITRA W/O. BALAPPA PATIL, AGE: 61 YEARS, OCC: HOUSEWIFE, R/O: SULTANPUR, TAL: HUKKERI, DIST: BELAGAVI – 587 118. 3. MANGAL W/O. SATISH PATIL, AGE: 38, OCC: HOUSEWIFE, R/O: SHIRGAON, TAL: HUKKERI, DIST: BELAGAVI – 587 118. …PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH HUKKERI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6549 CRL.P No. 103470 of 2024 HIGH COURT OF KARNATAKA BENCH AT: DHARWAD – 08. 2. ASHWINI W/O. SIDDARAI PATIL, AGE: 24 , OCC: HOUSEWIFE, R/O: SULTANPUR, NOW AT SANKESHWAR, TAL: HUKKERI, DIST: BELAGAVI – 590 001. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SMT. MUSARRAT SHAITH SANADI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS) PRAYING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1554/2024 ON THE FILE OF CIVIL JUDGE AND J.M.F.C. HUKKERI IN CONNECTION WITH HUKKERI P.S. FIR CRIME NO.48/2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 READ WITH 34 OF IPC AND UNDER SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, WITH RESPECT TO THE PETITIONERS/ACCUSED NO.2 TO 4 IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - NC: 2025:KHC-D:6549 CRL.P No. 103470 of 2024 ORAL ORDER This petition is filed by petitioners-accused Nos.2 to 4 under Section 482 of Cr.P.C and Section 528 of BNSS praying to quash the entire proceedings in C.C.No.1554/2024 (Crime No.48/2024 of Hukkeri PS) pending on the file of the Civil Judge and JMFC, Hukkeri, registered for the offences punishable under Sections 498A, 323, 504, 506 r/w 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. 2. On the complaint of respondent No.2, a case came to be registered against the petitioners and another in Crime No.48/2024 of Hukkeri P.S. for the aforesaid offences. The police after investigation filed a chargesheet against the petitioners for the aforesaid offences. Based on the said chargesheet, a case came to be registered against the petitioners in C.C.No.1554/2024 for the said offences and it is pending on the file of Civil Judge and JMFC, Hukkeri. The proceedings of the said case are sought to be quashed. - 4 - NC: 2025:KHC-D:6549 CRL.P No. 103470 of 2024 3. Petitioners No.1 to 3 and respondent No.2 are present. Application under Section 359 Cr.P.C. r/w Section 528 of BNSS is filed and it is signed by petitioners and respondent No.2 and their respective counsels. Respondent No.2 who is present before this Court submits that the matter is settled between her and the petitioners and she has no objection for quashing the proceedings against the petitioners in C.C.No.1554/2024 pending on the file of Civil Judge and JMFC, Hukkeri. 4. She further submits that there is no force or undue influence on her for entering into compromise. Considering the said compromise between the parties, the proceedings against the petitioners in C.C.No.1554/2024 pending on the file of Civil Judge and JMFC, Hukkeri are quashed. Accordingly, petition is disposed off. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VMB CT-ASC List No.: 1 Sl No.: 15