SRI ARUN KUMAR S/O. KALAKAPPA JEERAL v. STATE OF KARNATAKA
CRL.P/102972/2025 · 2025-07-30
S Vishwajith Shetty
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 59458 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59458 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:9412 CRL.P No. 102972 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102972 OF 2025 (482(CR.PC)/528(BNSS))
BETWEEN:
1.
SRI. ARUN KUMAR S/O. KALAKAPPA JEERAL, AGE: 31 YEARS, OCC: EMPLOYED IN PVT., R/O: BEHIND BHAGAVATI HOSPITAL KOPPAL, TQ: AND DIST: KOPPAL-583 231.
2.
SRI. KALAKAPPA S/O. ANDANAPPA JEERAL, AGE: 70 YEARS, OCC: RETIRED PERSON, R/O: BEHIND BHAGAVATI HOSPITAL KOPPAL, TQ: AND DIST: KOPPAL-583 231.
3.
SMT. BASAMMA @ BASAVANNEMMA W/O. KALAKAPPA JEERAL, AGE: 59 YEARS, OCC: HOUSE WIFE, R/O: BHAGAVATI HOSPITAL KOPPAL, TQ: AND DIST: KOPPAL-583 231.
4.
SRI. PAVAN KUMAR S/O. KALAKAPPA JEERAL, AGE: 33 YEARS, OCC: BUSINESSMAN, R/O: BEHIND BHAGAVATI HOSPITAL KOPPAL, TQ: AND DIST: KOPPAL-583 231.
5.
SMT. RAJESHWARI W/O. MALLANAGOUDA JAVALI, AGE: 38 YEARS, OCC: HOUSE WIFE, R/O: 21TH WARD, SIMPILINGANNA ROAD,
Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:45:00 +0530
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HC-KAR NC: 2025:KHC-D:9412 CRL.P No. 102972 of 2025
KOPPAL, TQ: AND DIST: KOPPAL.
… PETITIONERS (BY SRI. N.D. GUNDE, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, BY KOPPAL WOMEN POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001.
2.
SMT. AISHWARYA @ LAKSHMI JEERAL W/O. ARUN KUMAR, AGE: 23 YEARS, OCC: HOUSE WIFE, R/O: BEHIND BHAGAVATI HOSPITAL, KOPPAL-583 231, NOW AT BASAVANAGAR, KOPPAL, TQ:/DIST: KOPPAL.
… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS) PRAYING TO QUASH ENTIRE PROCEEDING IN C.C. NO.1723/2023 (CRIME NO.22/2023 KOPPAL WOMEN PS) PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, KOPPAL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506, R/W SECTION 34 OF IPC AND SECTION 4 OF DOWRY PROHIBITION ACT. AS AGAINST THE PETITIONER 1 TO 5/ACCUSED NO.1 TO 5 AND ALLOW THE ABOVE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:9412 CRL.P No. 102972 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.1 to 5 in CC No.1723/2023 pending before the Court of Principal Civil Judge and JMFC, Koppal, arising out Crime No.22/2023 registered by Koppal Women P.S. for the offences punishable under Sections 498(A), 323, 504, 506, R/W Section 34 of IPC and Section 4 of Dowry Prohibition Act, are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid case against them.
2. The learned counsel for the petitioners and
learned counsel for respondent No.2 jointly submit that dispute is between the family members and the said dispute has been now settled amicably at the intervention of the elders and well wishers of both the family. They submit that parties have filed application seeking permission to compound the offences and consequently, to quash the impugned proceedings.
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HC-KAR NC: 2025:KHC-D:9412 CRL.P No. 102972 of 2025
3. Submission is placed on record. The application filed by the parties under Section 482 r/w 320 of Cr.P.C. seeking permission of this Court to compound the alleged offences is taken on record. Said application is supported by the affidavit of accused No.1-husband and respondent No.2-defacto complainant who is the wife of accused No.1. The parties who are present before the Court are identified by their respective advocates. In paragraph Nos.3 to 6 of the affidavit filed by the parties, it is stated as follows:-
“3. I submit that at the intervention of elders & well wishers the dispute has been resolved and myself and Petitioner-1/Accused no-1 has agreed to dissolve the marriage dated: 28/06/2021.
4. I have agreed to accept the sum of Rs.11,00,000/- as permanent alimony in MC No-117/2024 for dissolution of marriage.
5. And myself and petitioner no-1 have agreed to reside separately and myself and we have agreed to for exchange of valuable/ornaments.
6. Now in view of settlement I have no objection to quash and compound the present case against all the petitioners-1 to 5/accused-1 to 5.”
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HC-KAR NC: 2025:KHC-D:9412 CRL.P No. 102972 of 2025
4. The dispute is between the family members who have now decided to put an end to the said dispute. Under the circumstances, I am of the opinion that this is a fit case wherein this Court needs to exercise its powers under Section 482 of Cr.P.C. for the purpose of securing ends of justice. Accordingly, I proceed to pass the following:
ORDER The petition is allowed. The entire proceedings in CC No.1723/2023 pending before the Court of Principal Civil Judge and JMFC, Koppal is quashed.
Sd/- (S.VISHWAJITH SHETTY) JUDGE
VMB CT:BCK LIST NO.: 1 SL NO.: 78