Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 69802 (KAR)

SMT VISHALAXAMMA v. THE STATE OF KARNATAKA BY

CRL.P/1406/2024 · 2025-09-03

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34721 CRL.P No. 1406 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 1406 OF 2024 BETWEEN: 1. SMT. VISHALAXAMMA W/O CHANNABASAPPA, AGED ABOUT 60 YEARS, R/AT SWAGI CIRCLE, HUVIN HADAGLI TOWN, VIJAYANAGARA - 583 219. 2. SMT. KAVYA PATIL W/O CHANDRASHEKAR PATIL, AGED ABOUT 40 YEARS, R/AT KINNAL ROAD, BHAGYA NAGAR, NEAR ADAVI ANJANEYA TEMPLE, KOPPAL TOWN, KOPPAL - 583 231. 3. SHRI. CHANDRASHEKAR PATIL S/O SHIVANAGOWD PATIL, AGED ABOUT 48 YEARS, R/AT KINNAL ROAD, BHAGYA NAGAR, NEAR ADAVI ANJANEYA TEMPLE, KOPPAL TOWN, KOPPAL - 583 231. …PETITIONERS (BY SRI. ADARSH M LIMBIKAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34721 CRL.P No. 1406 of 2024 CHITRADURGA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. 2. SMT. SOUMYA W/O SANTHOSHA, AGED ABOUT 30 YEARS, R/AT ASHRAYA BADAVANE, 2ND STAGE, 5TH CROSS, CHTIRADURGA TOWN, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1; SMT. VIDYA S., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS PENDING AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/U/S.498-A, 323, 504, 506 R/W SEC.34 OF IPC AND SEC.3, 4 OF DP ACT IN C.C.NO.719/2023 PENDING ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., CHITRADURGA AND QUASH THE FIR AND COMPLAINT REGISTERED UNDER CR.NO.132/2022 BEFORE WOMEN P.S., CHITRADURGA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused Nos.2 to 4 seeking quashing of the proceedings pending in CC.No.719/2023 on the file of Principal Senior Civil Judge and CJM, Chitradurga, for the offences punishable under Sections - 3 - HC-KAR NC: 2025:KHC:34721 CRL.P No. 1406 of 2024 498A, 323, 504, 506 read with Section 36 of IPC and Sections 3 and 4 of D.P.Act . 2. Today, a joint memo has been filed before this Court, duly signed by accused No.1 along with his family members and respondent No.2–complainant/wife. Respondent No.2 is present before the Court in person. On being specifically queried, she has stated that pursuant to the intervention of elders and family members, an amicable settlement has been arrived at between herself and accused No.1. She further confirms that she has now resumed cohabitation with her husband at the matrimonial home and, in view of the settlement, she does not wish to pursue the criminal proceedings. She has, therefore, requested this Court to quash the proceedings pending in C.C. No.719/2023. 3. Having regard to the fact that the parties, who are none other than husband and wife, have reconciled their differences and are now residing together, this Court - 4 - HC-KAR NC: 2025:KHC:34721 CRL.P No. 1406 of 2024 is of the opinion that continuation of the criminal case would serve no fruitful purpose. Rather, it would amount to abuse of the process of law and may disturb the peace that has been restored between the parties. To secure the ends of justice, the proceedings deserve to be quashed. 4. In view of the amicable settlement arrived at between the parties, this Court finds it a fit case to exercise its inherent powers under Section 482 of Cr.P.C. 5. Hence, this Court proceeds to pass the following: ORDER (i) The petition stands allowed. (ii) The proceedings in C.C. No.719/2023 pending on the file of the Principal Senior Civil Judge and Chief Judicial Magistrate, Chitradurga, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 3 Sl No.: 1