SRI CHENNAPPA SANGAMESHWAR S/O. SHIVAPPA v. STATE OF KARNATAKA
CRL.P/101864/2024 · 2025-07-10
Venkatesh Naik T
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59230 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59230 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8576 CRL.P No. 101864 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JULY, 2025
BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.101864 OF 2024 (482 OF Cr.PC/528 OF BNSS) BETWEEN:
1.
SRI. CHENNAPPA SANGAMESHWAR S/O. SHIVAPPA, AGE: 42 YEARS, OCC: EMPLOYED IN PRIVATE FIRMS, R/O. GAVISHREE NAGAR, KOPPAL, PIN-582114.
2.
SMT. GANGAMMA SANGAMESHWAR W/O. SIYAPPA, AGE: 85 YEARS, OCC: HOUSEHOLD WORK, R/O. GAVISHREE NAGAR, KOPPAL, PIN-582114.
3.
SRI NINGAPPA SANGAMESHWAR S/O. SHIVAPPA, AGE: 46 YEARS, OCC: FARMER, R/O. LACHANKERI, KOPPAL, PIN-582114.
4.
SMT. LAKSHMAVVA SANGAMESHWAR, W/O. NINGAPPA, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O. LACHANKERI, KOPPAL, PIN-582114.
5.
SMT. DEVAMMA ALIYAS DEVAVVA KERI, W/O. YAMANAPPA KERI, AGE: 62 YEARS, OCC. HOUSEWIFE, R/O. LACHANKERI, KOPPAL, PIN-582114.
6.
SMT. CHENNAMMA ALIYAS CHENNAVVA TALLURU, W/O. NINGAPPA TALLURU,
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad
Bench
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HC-KAR NC: 2025:KHC-D:8576 CRL.P No. 101864 of 2024
AGE: 52 YEARS, OCC: HOUSEWIFE, R/O. KUDARIMOTI, TQ. YELBURGA, KOPPAL, PIN-582114.
7.
SMT. NEELAVVA ALIYAS NEELAMMA GUGNGADI, W/O. SIDDAPPA, AGE: 42 YEARS, OCC: HOUSEWIFE, R/O. IST WARD, GONDI HOSALLI ONI, HULUGI, KOPPAL, PIN-582114. …PETITIONERS (BY SHRI D. V. PATTAR, ADV. FOR SHRI ANAND R. KOLLI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, (THROUGH KOPPAL MAHILA POLICE STATION) KOPPAL, PIN-582114.
2.
SMT. BASAMMA POLICEPATIL W/O. BASANAGOUDA, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O. TARLAKATTI, TQ. YELBURGA, PRE BEHIND ADAVI ANJANEY TEMPLE, BHAGYANAGAR, KOPPAL, DIST. KOPPAL, PIN-582114.
…RESPONDENTS (BY SHRI ABHISHEK MALIPATIL, HCGP FOR R1;
SHRI SABEEL AHMED, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE PROCEEDINGS IN C.C.
NO.3128/2022 PENDING BEFORE PRINCIPAL CIVIL JUDGE AND JMFC COURT, KOPPAL AND CONNECTION WITH CRIME NO.38/2022 REGISTERED BEFORE KOPPAL WOMEN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 109, 498A, 504, 149, 323 OF IPC 1860 AND UNDER SECTION 4 OF DOWRY PROHIBITION ACT, 1961 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, KOPPAL SO FAR AS PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE.
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HC-KAR NC: 2025:KHC-D:8576 CRL.P No. 101864 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
The petitioners and respondent No.2 are personally present before the Court.
2. Sri D.V.Pattar learned counsel for Sri Anand R. Kolli, learned counsel for petitioners, Sri Sabeel Ahmed,
learned counsel for respondent No.2 – defacto complainant are present before the Court. 3. Sri Abhishek Malipatil, learned High Court Government Pleader for respondent No.1 – State is also present. 4. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) seeking to quash the entire proceedings initiated against them in C.C.No.3128/2022 pending on the file of Principal Civil Judge and JMFC, Koppal for the offences punishable under Sections 498A, 323, 504 and 109 read with
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HC-KAR NC: 2025:KHC-D:8576 CRL.P No. 101864 of 2024
Section 149 of IPC and Section 4 of Dowry Prohibition Act,
1961. 5. Now the dispute is resolved between the parties. In view of the settlement, both the parties have filed compromise petition under Section 320 (2) read with Section 482 of Cr.P.C. The contents of the compromise petition are as under:
“The Petitioner and respondent/complainant jointly files the present Compromise petition. 1) The complainant/respondent No. 2 had registered a complaint as against the petitioners/accused no. 1 to 7 before koppal women Police Station for the alleged offences U/s 498A, 323, 504, 109, 149 of IPC and the prosecution had submitted a charge sheet for the alleged offences, U/s 498A, 323, 504, 109, 149 of IPC And section 4 of the dowry prohibition act, 1961. Hence the petitioners present this petition for quashing of the proceedings in C.C. No:3128/2022 pending on the file of Prl. Civil Judge and JMFC Court, Koppal. 2) Further submitted that after the registration of the complaint the charge sheet has been filed and the same has been challenged before this Hon'ble court by the accused No. 1 to 7 and after obtaining of Interim order by the advise of the elders of the both the family the complainants family and accused family and also on the advise of the counsel respective parties the accused persons and the complaint and respondent No. 2 had
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HC-KAR NC: 2025:KHC-D:8576 CRL.P No. 101864 of 2024
come to the conclusion for amicable settlements to maintain the peace and harmony and to continue good cordial relationship between accused family and complainants family and also to settle the dispute once for all. Hence the same may kindly be accept the compromise petition and quash the entire proceedings including complaint FIR and charge sheet in the interest of justice.
3) It is further submitted that wife of accused No. 1 i.e, Shailshree is residing in the house of accused No. 1 along with their family members and out of their martial relationship they got one child so to continue the good relationship and in the interest of my son in law and also my daughter the complainant i.,e respondent No. 2 having no objections to quash the proceedings in view of the settlement between the parties. Hence the same may kindly be accept in the interest of justice
4) The complainant/respondent No. 2 she has withdrawn all the allegations made against the accused persons as alleged in the complaint and all the allegations are made because of some ill will advisors of some family members now the complainant realised that and accordingly to maintain a good relationship and also in the interest of both the family. The allegation has been completely withdrawn and also the complainant/respondent No. 2 has no objections to quash the proceedings against all the accused persons in the interest of justice. 5) It is further submitted that the petitioners and respondents states that if the compromise petition is allowed there is no hardship nor injustice causes to other side. The contents of the entire compromise petition was read over and explained me in my vernacular language
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HC-KAR NC: 2025:KHC-D:8576 CRL.P No. 101864 of 2024
and contents were understood and the present compromise petition and the above compromise petition is filed wilfully without any force nor any undue advantage nor it is not violates the rights of the parties. And the above compromise petition explained in detail and we had gone through the same and they are correct to the best of our knowledge. Wherefore the petitioners/accused No. 1 to 7 and the complainant/respondent No. 2 most respectfully prays this Hon'ble court may please to accept the compromise petition, consequently prays to quash the entire complaint, FIR, and charge sheet in Crime No. 38/2022 in C.C. No:3128/2022 pending on the file of Prl.
Civil Judge and JMFC Court, Koppal, for the offence punishable under section 498A, 323, 504, 109, 149 of IPC And section 4 of the dowry prohibition act, 1961., registered by the Koppal Women Police Station justice and equity.”
6. Perused the material available on record. The complainant having agreed to withdraw the allegations i.e., the complaint registered against the petitioners, since, she has compromised the dispute with the accused persons, it will be a futile exercise, if the petitioners-accused persons are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement arrived at between the parties. Hence, the continuation of the criminal
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HC-KAR NC: 2025:KHC-D:8576 CRL.P No. 101864 of 2024
proceedings will be an abuse of process of law. Accordingly, this Court pass the following :
ORDER (i) The compromise petition filed under Section 320 (2) read with Section 482 of Cr.P.C. is hereby accepted. (ii) The criminal petition filed by the petitioners under Section 482 of Cr.P.C. is hereby allowed. (iii) The criminal proceedings initiated against the petitioners in C.C.No.3128/2022 on the file of Principal Civil Judge and JMFC, Koppal are hereby quashed. In view of disposal of this criminal petition, pending applications, if any, do not survive for consideration and the same stand disposed off.
Sd/- (VENKATESH NAIK T) JUDGE
EM /CT-AN List No.: 1 Sl No.: 37