- 1 - HC-KAR NC: 2025:KHC-D:9695 CRL.P No. 101880 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101880 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. SHAILAJA W/O BABU TALAWAR, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: SANKESHWAR-591 313, TQ: HUKKERI, DIST: BELAGAVI. 2. KUMAR SAMARTHA S/O BABU TALAWAR, AGE: 12 YEARS, OCC: STUDENT, R/O: SANKESHWAR-591 313, TQ: HUKKERI, DIST: BELAGAVI, (PETITIONER NO.2 IS MINOR SINCE REPRESENTED BY HIS NATURAL GUARDIAN MOTHER PETITIONER NO.1). … PETITIONERS (BY SRI. BALAGOUDA A. PATIL, ADVOCATE) AND: SRI. BABU S/O YALLAPPA TALAWAR, AGE: 48 YEARS, OCC: SERVICE, R/O: DIVISIONAL CONTROLLER(LABOUR), KSRTC MANGALURU DIVISION, MANGALURU CHOU.Ni.Bi.Sam.1729/31398 II DEPOT-574 142. … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER OF COMPROMISE DATED 21.09.2023 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, SANKESHWAR IN CRL. MISC. NO.148/2017, PRODUCED AS PER ANNEXURE-D. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9695 CRL.P No. 101880 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) The petitioner is before this Court under Section 482 of Cr.P.C, with a prayer to quash the order dated 21.09.2023 passed by the Court of Principal Civil Judge & JMFC, Sankeshwar in Crl.Misc.No.148/2017. 2. Heard the learned counsel appearing for the parties. 3. Petitioner No.1, who is the wife of respondent had filed Crl.Misc.No.148/2017 before the jurisdictional Court of Magistrate under Section 127(3) of Cr.P.C, with a prayer to enhance maintenance amount granted to her and her son, petitioner No.2 in earlier proceedings i.e., Crl.Misc.No.26/2014 and Crl.Misc.No.63/2016. It appears that in Crl.Misc.No.148/2017, parties had entered into settlement and reported the same before the Court and based on the settlement reported, the trial Court had - 3 - HC-KAR NC: 2025:KHC-D:9695 CRL.P No. 101880 of 2024 passed the impugned order. No error in the order impugned has been pointed out by the learned counsel for the petitioners. It is the case of the petitioners that respondent has failed to comply the terms of compromise and therefore petitioners are before this Court. The same cannot be a ground to set aside the order impugned passed based on the submission made by the parties. 4. The petitioners are always at liberty to initiate a fresh proceedings under Section 127(3) of Cr.P.C, seeking enhancement of maintenance paid to them, if they are legally entitled for the same and therefore this petition is disposed of with liberty to the petitioners to initiate fresh proceedings against the respondent under Section 127(3) of Cr.P.C, if they are so advised. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK