Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:1241 CRL.P No. 100034 of 2025 C/W CRL.P No. 101998 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100034 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 101998 OF 2023
IN CRL.P. NO.100034 OF 2025: BETWEEN:
SRI. VINAYAK S/O. SHIVANAND KOOLI AGE. 40 YEARS, OCC. AGRICULTURE, R/O. G.K.SHETTAR GROCERY SHOP, BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581202. …PETITIONER (BY SRI. ANIL KALE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY BYADAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. SMT. SAVITA @ JYOTHI VINAYAK KOOLI AGE. 25 YEARS, OCC. HOUSEHOLD WORK, R/O. BANKAPUR, TQ. SHIGGAON, NOW R/O. C/O. RAVI @ MUTTANNA S/O. CHANNABASAPPA SHIGGAVI, VIDYANAGAR EAST, D.C.OFFICE ROAD, DIST. HAVERI, DIST. HAVERI-581110. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CRPC/ 528 OF BNSS SEEKING TO, ALLOW THIS PETITION AND QUASH ALL THE PROCEEDINGS PENDING ON THE FILE OF THE CIVIL JUDGE AND
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:16:07 +0530
- 2 -
NC: 2025:KHC-D:1241 CRL.P No. 100034 of 2025 C/W CRL.P No. 101998 of 2023
JMFC BYADAGI IN BYADAGI P.S.(BPS) CRIME NO.102/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 323,498A,307, 354,504,506,34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT 1961. IN CRL.P. NO.101998 OF 2023: BETWEEN:
1. SHANTAVVA SHIVANAND KOOLI W/O. LATE SHIVANAND KOOLI, AGED ABOUT 60 YEARS, OCC. AGRICULTURIST, R/O. BANKAPUR VILLAGE, SHAH BAZAR, SHIGGAON TQ, HAVERI DIST.-581193. 2. SRI. VISHALA CHANDRASHEKHAR BADDI W/O. CHANDRASHEKAR BADDI, AGED ABOUT 34 YEARS, OCC. HOME MAKER, R/O. 145, 19 'B' CROSS, 17TH MAIN, HSR SECTOR-3, HSR, BENGALURU-560202. 3. CHANDRASHEKAR BADDI S/O. BASAVANNAPPA BADDI, AGED ABOUT 45 YEARS, OCC. PRIVATE EMPLOYEE, R/O. 145, 19 'B' CROSS, 17TH MAIN, HSR SECTOR-3, HSR, BENGALURU-560202. 4. KUMAR @ VIJAY KUMAR GADIGEPPA KULI S/O. LATE GADIGEPPA KULI, AGED ABOUT 62 YEARS, OCC. AGRICULTURIST, R/O. BANKAPUR VILLAGE, SHAH BAZAR, SHIGGAON TQ, HAVERI DIST-581193. 5. MEGHARAJ GADIGEPPA KULI S/O. LATE GADIGEPPA KULI, AGED ABOUT 58 YEARS, OCC. AGRICULTURIST, R/O. BANKAPUR VILLAGE, SHAH BAZAR, SHIGGAON TQ, HAVERI DIST-581193. 6.
BASAVANNEVVA KUMAR KULI @ SUNITA W/O. KUMAR @ VIJAY KULI,
- 3 -
NC: 2025:KHC-D:1241 CRL.P No. 100034 of 2025 C/W CRL.P No. 101998 of 2023
AGED ABOUT 55 YEARS, OCC. AGRICULTURIST, R/O. BANKAPUR VILLAGE, SHAH BAZAR, SHIGGAON TQ, HAVERI DIST-581193. 7. NIRMALA MEGHARAJ KULI W/O. MEGHARAJ KULI, AGED ABOUT 55 YEARS,OCC. HOME MAKER, R/O. BANKAPUR VILLAGE, SHAH BAZAR, SHIGGAON TQ, HAVERI DIST-581193. …PETITIONERS (BY SRI. ANIL KALE, ADVOCATE)
AND:
1. STATE OF KARNATAKA THROUGH BYADGI POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. 2. SMT. SAVITHA @ JYOTHI W/O. VINAYAK KULI AGED ABOUT 26 YEARS, OCC: HOUSEWIFE, R/O. BANKAPUR, GUDENAHALLI VILLAGE, BYADGI TALUK, HAVERI DIST-581106. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO, QUASH THE PROCEEDINGS BEFORE THE CIVIL JUDGE AND JMFC, BYADAGI, HAVERI DISTRICT IN CRIME NO. 102/2023 AND TO QUASH THE FIR REGISTERED BY THE FIRST RESPONDENT BYDAGI POLICE IN CRIME NO.102/2023 FOR OFFENCES PUNISHABLE U/S 323,498(A),307,354,504,506 R/W 34 OF IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT 1961, IN SO FAR PETITIONERS/ACCUSED NO. 2 TO 8 ARE CONCERNED. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
- 4 -
NC: 2025:KHC-D:1241 CRL.P No. 100034 of 2025 C/W CRL.P No. 101998 of 2023
ORAL ORDER
1. The petitioners, who are facing investigation for offences punishable under Sections 323, 498A, 307, 354, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (for short,
“IPC”) and Sections 3 and 4 of the Dowry Prohibition Act, 1961, have approached this Court seeking relief.
2. Respondent No. 2 filed a first information report (FIR) alleging that accused No. 1 (husband), along with his parents (parents-in-law) and other family members, subjected her to cruelty—both mental and physical—assaulted her, and attempted to murder her.
3. The parties have filed a joint memo before this Court, stating that they have amicably resolved the dispute amongst themselves in M.C. No. 132/2024 filed by accused No. 1 and respondent No. 2 under Section 13(B) of the Hindu Marriage Act,
1955. As per the settlement terms, respondent No. 2 has agreed to withdraw all allegations and has no objection to the quashing of the FIR. Respondent No. 2 has also received all benefits under the terms of the settlement.
4. The compromise petition filed by the parties is taken on record.
5. Although the offences alleged against the petitioners are cognizable and non-compoundable, the amicable resolution of the dispute between the parties renders any further investigation futile. Forcing the petitioners to face trial in light of the settlement
- 5 -
NC: 2025:KHC-D:1241 CRL.P No. 100034 of 2025 C/W CRL.P No. 101998 of 2023
reached would serve no purpose, as the probability of the police filing a charge sheet is remote and bleak given the compromise.
6. In view of the amicable settlement, the continuation of the investigation would constitute an abuse of the process of law. Accordingly, I pass the following order:
ORDER i) The petition is allowed. ii) The impugned first information report in Crime No.102/2023 registered by the Byadagi Police Station stands quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
AC Ct:vh List No.: 1 Sl No.: 28