- 1 - NC: 2025:KHC-D:2370 CRL.P No. 101635 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101635 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. BASAVARAJ S/O. SHIVAPPA PURADANNAVAR AGE. 42 YEARS, OCC. AGRICULTURE, R/O. BOGENAARKOPA VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 2. VIJAYALAXMI W/O. KALMESH YELIGAR AGE. 46 YEARS, OCC. HOUSEHOLD WORK, R/O. BOGENAARKOPPA VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 3. KALMESH YELIGAR S/O ADVIEPPA YELIGAR AGE. 42 YEARS, OCC. COOLIE, R/O. NARAGUND, NOW AT. BOGENAARKOPPA VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 4. SHANTHAVVA W/O. SHIVAPPA PURADANNAVAR AGE. 62 YEARS, OCC. HOUSEHOLD WORK, R/O. BHOGENAGARKOPPA VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 5. SUREKHA W/O. BASAVARAJ KATTI AGE. 32 YEARS, OCC. HOUSEHOLD WORK, R/O. BOGENAARKOPPA, TQ. KALAGHATAGI, DIST. DHARWAD-581204. …PETITIONERS (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WOMAN POLICE STATION DHARWAD, REP. BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.14 13:20:05 +0530 - 2 - NC: 2025:KHC-D:2370 CRL.P No. 101635 of 2023 2. SMT. SUDHA @ SUDHARANI W/O. BASAVARAJ PURADANNAVAR, AGE. 27 YEARS, OCC. HOUSEWIFE, R/O. BOGENAGARAKOPPA VILLAGE, NOW AT ANCHATAGERI, TQ. HUBBALLI, DIST. DHARWAD. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. N.S.KUNKOOR AND VISHWANATH K.BHAT, ADVS. FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE CHARGE SHEET CRIME NO. 55/2021 DATED 25.10.2021 IN C.C.NO. 15/2022 (CRIME NO. 55/2021 OF DHARWAD WOMEN PS) AND CONSEQUENTLY QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.15/2022 ON THE FILE OF THE IV ADDL. SENIOR CIVIL JUDGE AND JMFC DHARWAD FOR THE OFFENCES U/SEC. 323, 498A, 504, 506 R/W SEC. 34 OF IPC. IN SO FAR PETITIONERS/ACCUSED NO. 1 TO 5 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who are charge-sheeted for the offences punishable under Sections 323, 498A, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC), are before this Court seeking relief. 2. The prosecution alleges that accused No. 1 is the husband, accused No. 2 is the sister-in-law, accused No. 3 is the husband of accused No. 2, accused No. 4 is the mother-in-law, and accused No. 5 is the sister-in-law of the de facto complainant. They are accused of subjecting the de facto complainant to mental and physical cruelty, assaulting her, and also threatening her with dire consequences. - 3 - NC: 2025:KHC-D:2370 CRL.P No. 101635 of 2023 3. Learned counsel for the petitioners has placed on record a certified copy of the judgment passed by the learned I Additional Principal Judge, Family Court, Hubballi, in MC No. 465/2024, wherein the marriage of accused No. 1 with the de facto complainant has been mutually dissolved under Section 13-B of the Hindu Marriage Act, 1955. The de facto complainant has agreed to withdraw all the allegations against the petitioners and has no objections to the quashing of the impugned proceedings. 4. Although the offences alleged are cognizable and non- compoundable, having regard to the fact that the de facto complainant has withdrawn all the allegations against the petitioners and has no objections to the quashing of the impugned proceedings, it would be a futile exercise if the petitioners are subjected to trial. The probability of the petitioners’ conviction is remote and bleak, given the settlement. Therefore, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings, CC No. 55/2022, on the file of the learned IV Additional Senior Civil Judge and JMFC, Dharwad, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 58