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2025 DAILYLAW 6427 (KAR)

ANAND S/O BASANAGOUDA PATIL v. STATE OF KARNATAKA

CRL.P/102308/2024 · 2025-01-27

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:1550 CRL.P No. 102308 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102308 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ANAND S/O. BASANAGOUDA PATIL AGE. 33 YEARS, OCC. SERVICE, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-587311. 2. ANIL URF AYYAPPAGOUDA S/O. BASANAGOUDA PATIL, AGE. 35 YEARS, OCC. BDCC BANK MANAGER, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-587311. 3. SMT. GEETA W/O. BASANAGOUDA PATIL AGE. 58 YEARS, OCC. HOUSEWIFE, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-587311. 4. SMT. BHAVYA W/O. ANIL URF AYYAPPA PATIL AGE. 28 YEARS, OCC. HOUSEWIFE, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-587311. …PETITIONERS (BY SRI. GIRISH A.YADAWAD, ADVOCATE) AND: 1. STATE OF KARNATAKA MUDHOL PS, DIST. BAGALKOT, R/BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. 2. SMT. LAXMI W/O. ANAD PATIL AGE. 27 YEARS, OCC. HOUSEWIFE, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-587311. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 11:52:48 +0530 - 2 - NC: 2025:KHC-D:1550 CRL.P No. 102308 of 2024 NOW AT SIDDARTH COLONY, MUDHOL, DIST. BAGALKOT-587311. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. B.C.JNANAYYA SWAMI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN IMPUGNED COMPLAINT DATED 23.04.204 AND THE CONSEQUENT FIR IN CRIME NO.0119/2024 REGISTERED BY MUDHOL POLICE STATION AGAINST THE PETITIONERS (ACCUSED NOS. 1 TO 4) FOR THE OFFENCES P/U/SEC. 498A R/W 34 OF IPC 1860 AND SEC. 3 AND 4 OF DOWRY PROHIBITION ACT 1961 PENDING BEFORE THE ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, MUDHOL. 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/accused have challenged the registration of the FIR for the offences punishable under Sections 498A read with Section 34 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Respondent No. 2 lodged an FIR alleging that accused No.1 (her husband) and other relatives of accused No.1 subjected her to mental and physical cruelty and demanded dowry from her parental home. 3. Accused No.1 and respondent No.2 are present before this Court and have filed a joint memo stating that, with the intervention of elders, they have amicably resolved their disputes. It is further stated that they have reconciled and are now living together in a cordial matrimonial relationship. - 3 - NC: 2025:KHC-D:1550 CRL.P No. 102308 of 2024 4. The joint memo is taken on record. 5. Although the offences alleged are cognizable and non- compoundable, considering that the parties have amicably settled their disputes, subjecting the petitioners to trial would serve no purpose. The probability of the petitioners’ conviction is remote and negligible in light of the settlement reached between the parties. Therefore, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. ORDER i) The criminal petition is allowed. ii) The impugned first information report in Crime No.119/2024 registered by respondent No.1-Mudhol Police Station is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:VH List no.: 1 sl no.: 110