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2025 DAILYLAW 7279 (KAR)

SRI SURESH S/O. MUTTAPPA JADHAV v. THE STATE OF KARNATAKA

CRL.P/102449/2023 · 2025-01-25

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:1436 CRL.P No. 102449 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102449 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. SURESH S/O. MUTTAPPA JADHAV AGE. 27 YEARS, OCC. COOLIE. 2. SRI. MUTTAPPA S/O. LOKAPPA JADHAV AGE. 62 YEARS, OCC. COOLIE. 3. SRI. MANGALLAPPA S/O. LOKAPPA JADHAV AGE. 54 YEARS, OCC. COOLIE. 4. SMT. RENUKA W/O. MUTTAPPA JADHAV AGE. 52 YEARS, OCC. HOUSEHOLD WORK. 5. BEBI W/O. MANGALLAPPA JADHAV AGE. 47 YEARS, OCC. HOUSEHOLD WORK. 6. KRUSHNAPPA S/O. MUTTAPPA JADHAV AGE. 30 YEARS, OCC. COOLIE. 7. HANAMANT S/O. MUTTAPPA JADHAV AGE. 26 YEARS, OCC. COOLIE. 8. ANAND S/O. MANGALEPPA JADHAV AGE. 27 YEARS, OCC. COOLIE. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:26 +0530 - 2 - NC: 2025:KHC-D:1436 CRL.P No. 102449 of 2023 9. KAVERI D/O. MANGALEPPA JADHAV AGE. 21 YEARS, OCC. HOUSEHOLD WORK. 10. MALAVVA D/O. MUTTAPPA JADHAV AGE. 24 YEARS, OCC. HOUSEHOLD WORK, ALL R/AT. A.P.BUDNI P M, TQ. MUDHOL, DIST. BAGALKOT-587121. …PETITIONERS (BY SMT. DEEPA PAVAN DODDATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS POLICE SUB-INSPECTOR, POLICE STATION, RAMADURGA, DIST. BAGALKOT-587121, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SMT. KAVERI W/O. SURESH JADHAV AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/AT. CHANNAPURA DLT THANDA, TQ. RAMDURGA, DIST. BELAGAVI-591123. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SMT. SHEBA A.KHANAPUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING THAT QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.1 TO 10 FOR THE OFFENCES P/U/S 498(A), 323, 324, 506 R/W 149 OF IPC IN CC NO.228/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC RAMDURG. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:1436 CRL.P No. 102449 of 2023 ORAL ORDER 1. The petitioners are sought to be prosecuted for offences punishable under Sections 323, 324, 498(A), 506 read with Section 149 of the Indian Penal Code (IPC). 2. The case of the prosecution is that accused No. 1 is the husband of respondent No. 2 (the complainant), and accused Nos. 2 to 10 are the parents and other relatives of accused No. 1. It is alleged that they subjected the complainant to both mental and physical cruelty, assaulted her, abused her, and threatened her with dire consequences. 3. Respondent No. 2 has filed I.A. No. 1/2025 for compounding, stating that the dispute has been amicably resolved. Respondent No. 2 has agreed to receive monetary compensation towards maintenance, and both parties have mutually agreed to part ways by filing a petition for divorce by mutual consent. Further, respondent No. 2 has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings, notwithstanding that the offences alleged are cognizable and non-compoundable. 4. In light of the amicable resolution between the parties, subjecting the petitioners to a trial would serve no meaningful purpose. The probability of conviction is remote and bleak due to the settlement. Hence, continuing the criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following: - 4 - NC: 2025:KHC-D:1436 CRL.P No. 102449 of 2023 ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.228/2023 pending on the file of the learned Senior Civil Judge and JMFC, Ramgdurga is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 15