Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:37592 CRL.P No. 6898 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 6898 OF 2024 BETWEEN:
1.
DHARMARAJ H R S/O RAMAPPA H, AGED ABOUT 39 YEARS, RESIDENT AT DONNERA MANE HOLAGODU, JENI, BHEEMANAKERE POST, HOSANAGARA TALUK, SHIMOGGA DISTRICT - 577 418.
2.
RAMAPPA H S/O KOLLA NAIK, AGED ABOUT 75 YEARS, RESIDENT AT DONNERA MANE HOLAGODU, JENI, BHEEMANAKERE POST, HOSANAGARA TALUK, SHIMOGGA DISTRICT - 577 418
3. PADMAVATHI W/O RAMAPPA H, AGED ABOUT 70 YEARS, AGED ABOUT 39 YEARS, RESIDENT AT DONNERA MANE HOLAGODU, JENI, BHEEMANAKERE POST, HOSANAGARA TALUK, SHIMOGGA DISTRICT - 577 418 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:37592 CRL.P No. 6898 of 2024
4.
GOPAL H R S/O RAMAPPA H, AGED ABOUT 50 YEARS, N 14, SREE SUDHA, NISARGA LAYOUT, NEAR 2ND D CROSS, OPPOSITE KANAKA SHREE LAYOUT, KOTTANURU, BANGALORE NORTH, BANGALORE - 560 077.
5.
SMT SUDHA W/O GOPAL H R, AGED ABOUT 40 YEARS, NO 14, SREE SUDHA, NISARGA LAYOUT, NEAR 2ND D CROSS, OPPOSTE KANAKA SHREE LAYOUT, KOTTANURU, BANGALORE NORTH, BANGALORE - 560 077
6.
SMT POORNIMA H R W/O ERAPPA, AGED ABOUT 39 YEARS, RESIDENT OF MARIGUDDA, HOSANAGAR, SHIMOGGA DISTRICT - 577 418.
… PETITIONERS (BY SRI. GANAPATHI., ADVOCATE) AND:
1.
STATE BY HOSANAGAR POLICE SHIMOGGA DISTRICT - 577 418.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANAKA, BANGALORE - 560 001
- 3 -
HC-KAR NC: 2025:KHC:37592 CRL.P No. 6898 of 2024
2.
SMT SHWETHA W/O DHARMARAJA H R, AGED ABOUT 35 YEARS, RESIDING AT TALAGERE VILLAGE AND POST, ANANDAPURA HOBLI, SAGAR TALUK, SHIMOGGA DISTRICT - 577 401.
… RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;
SRI MAHENDRAPAL, ADVOCATE FOR SRI B.N. UMESH, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.8/2024 REGISTERED BY THE HOSANAGAR POLICE ON THE COMPLIANT MADE BY THE RESPONDENT NO.2 FOR THE ALLEGED OFFENCE P/US 498-A, 504, 506, 34 OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT 1961 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC HOSANAGARA.
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 husband and in-laws seeking quashing of the proceedings in C.C.No.8/2024 arising out of Crime No.0019/2023 pending on the file of the Principal Civil Judge (Jr. Dn.) and JMFC, Hosanagara, for the offences punishable under Sections 498-A, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
- 4 -
HC-KAR NC: 2025:KHC:37592 CRL.P No. 6898 of 2024 Today, an application is filed under Section 320(6) of the Cr.P.C. by both parties seeking permission to compound the offences in view of the dissolution of their marriage by mutual consent in M.C. No. 9/2025.
2. The 2nd respondent is present before this Court. On being queried, she confirms that the marriage between herself and the petitioner has been dissolved by mutual consent, and pursuant to the terms of settlement, she has received a sum of 8,00,000/- through cheque, which has since been credited to her account. She further states that, in view of the dissolution of marriage and full settlement of all claims, she has no objection to the quashing of the proceedings pending in C.C. No. 8/2024.
3. This Court has carefully considered the submission of the 2nd respondent and the fact that the marital relationship has been dissolved by mutual consent. In these circumstances, continuation of the criminal proceedings would serve no useful purpose and would
- 5 -
HC-KAR NC: 2025:KHC:37592 CRL.P No. 6898 of 2024 amount to an abuse of the process of law. Though the offence punishable under Section 498-A of IPC is non- compoundable, having regard to the settlement and dissolution of marriage, this Court finds it appropriate to exercise its inherent jurisdiction to quash the proceedings.
4. Accordingly, this Court passes the following:
ORDER
i) The petition is allowed. ii) The proceedings in C.C. No. 8/2024, arising out of Crime No. 0019/2023, pending before the Principal Civil Judge (Jr. Dn.) and JMFC, Hosanagara, for the offences punishable under Sections 498-A, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, insofar as they relate to the petitioners, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VP