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2025 DAILYLAW 59097 (KAR)

SUDHINDRA NAYAK S/O LATE DHASHARATH NAYAK v. STATE OF KARNATAKA

CRL.P/103083/2023 · 2025-08-14

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10313 CRL.P No. 103083 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103083 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: SUDHINDRA NAYAK S/O LATE DHASHARATH NAYAK, AGE. 30 YEARS, OCC. SCIENTIST, AT DRDO UNIT CHALLIKERI CHITRADURGA, R/O. KALYANA NAGARA, KOPPAL, DIST. KOPPAL, PIN-582 114. … PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, THROUGH MUNIRABAD POLICE STATION, DIST. KOPPAL, PIN-582 114. 2. SMT. NAGALAXMI T. W/O SUDHINDRA NAYAK, AGE. 33 YEARS, OCC. TEACHER, R/O. KALYANA NAGARA, NOW AT. AGALAKERA VILLAGE, TQ. KOPPAL, DIST. KOPPAL, PIN-582 114. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. A. VEERANNA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED REGISTRATION OF COMPLAINT IN CRIME NO.0222/2023 FOR AN OFFENCE PUNISHABLE UNDER SECTION 498(A), 323, 324, 504, 506, 511 R/W 34 IPC AND SECTION 3 AND 4 DOWRY PROHIBITION ACT 1961 REGISTERED BY THE RESPONDENT NO.1 (MUNIRABAD PS) PENDING ON THE FILE OF THE RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10313 CRL.P No. 103083 of 2023 PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, KOPPAL DISTRICT KOPPAL, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.222/2023 registered by Munirabad Police Station, Koppal District for the offences punishable under Sections 498(A), 323, 324, 504, 506 & 511 R/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 is before this Court under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in the case against him. 2. Learned counsel for the private parties jointly submit that the dispute between the parties has been amicably settled and therefore the parties have filed joint memo seeking permission of this Court to compound the alleged offences. The joint memo filed before this Court today is signed by the advocates appearing for the private parties. In paragraph Nos.2 to 6 of the joint memo it is stated as follows:- “2. It is submitted that, after some years the differences between both of them arose resulting in filing complaint against the petitioner before the PSI at - 3 - HC-KAR NC: 2025:KHC-D:10313 CRL.P No. 103083 of 2023 Mundarabad PS. Who in turn registered FIR against the petitioner in Crime No.222/2023, dated: 13.10.2023, for the offences punishable U/s 498(A), 323, 324, 504, 506, 511, R/w 34 of IPC and 3 & 4 of DV Act and subsequently charge sheet was also filed and submitted. Before Prl. Civil Judge and JMFC at Koppal. 3. In turn the Petitioner/Accused No.1 has also filed a petition U/s 13(1a), (b) of Hindu Marriage Act for seeking of divorce against the Respondent No.2 before the Hon'ble Prl. District Judge Family Court Koppal in MC No.58/2024. 4. The petitioner is an accused No.1 before the Trial Court. The Respondent No. 2 is the defacto complainant. 5. The petitioner and Respondent No. 2 have amicably resolved their dispute at the instant and intention and intervention of elderly persons of both the family and friends. 6. The Respondent No.2 is not intending to prosecute the case in view of settlement arrived between them in the interest and welfare of both the families. The parties are settled their dispute as per the terms stated as under: 1. The Petitioner/Accused No.1 has agreed to deposit the amount of Rs. 6,90,000/- (Rs. Six Lakh Ninty Thousand Only) in favour of their daughter by name Aaradhya till she attains her majority. And she will be in the care and custody - 4 - HC-KAR NC: 2025:KHC-D:10313 CRL.P No. 103083 of 2023 of her mother i.e., Respondent No.2 till her age of majority. 2. The Respondent No.2 has no claims what so ever on petitioner/accused No.1. 3. The parties have settled i.e., 2 in the best interest and welfare of both of them. 4. That the petitioner/accused No.1 under takes to withdraw all the cases filed by him and in terms Respondent No.2 herein under takes to all the cases filed by her. 5. The parties have resolved not to continue any kind of litigations in future and will not allege against each other. 6. The parties have settled their disputes on their own free will and consent without any force or threat by either parties and has set their hands to this joint memo through their respective counsels.” 3. The alleged offences are compoundable in nature. Therefore, considering the prayer made in the joint memo, I am of the opinion that, the prayer made in the petition needs to be granted. - 5 - HC-KAR NC: 2025:KHC-D:10313 CRL.P No. 103083 of 2023 4. Accordingly, the petition is allowed. The entire proceedings in Crime No.222/2023 registered by Munirabad Police Station, Koppal District, for the offences punishable under Sections 498(A), 323, 324, 504, 506 & 511 R/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 is quashed as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK/LIST NO.: 1 SL NO.: 11