- 1 - NC: 2025:KHC-D:2087 CRL.P No. 103404 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103404 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SMT. KARUNA VITHAL SULAKHE AGE. 42 YEARS, OCC. HOUSEWIFE, R/O. BANKAPUR VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. …PETITIONER (BY SRI. GIRISH V.BHAT, ADVOCATE) AND: 1. SMT. B. V. SHASHIKALA W/O. VITHAL SULAKHE AGE. 43 YEARS, OCC.GOVERNMENT EMPLOYEE, R/O. BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581205, NOW RESIDENT OF KADUR TOWN, DIST. CHIKAMAGALUR-515281. 2. THE STATE OF KARNATAKA BY BANKAPUR POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, ALLOW THE PETITION AND QUASH THE FIR AND COMPLAINT AND THE CHARGE SHEET IN BANKAPUR P.S. CR.NO.69/2020, FOR THE ALLEGED OFFENCES U/S 323, 494, 498-A AND 504 R/W 34 OF IPC AND THE IMPUGNED ORDER OF TAKING COGNIZANCE DATED 05.11.2020 FOR THE ALLEGED OFFENCES U/S 323, 498-A AND 504 R/W 34 OF IPC, AND PROCEEDINGS IN CC NO.584/2020, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, SHIGGAON, IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:21:04 +0530 - 2 - NC: 2025:KHC-D:2087 CRL.P No. 103404 of 2024 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 cognizance taken for offences punishable under Sections 323, 494, 498A, and 504 read with Section 34 of the Indian Penal Code (for short, ‘IPC’) is impugned in this petition. 2. The prosecution alleges that the marriage between accused No.1 and the de facto complainant was dissolved, and the dissolution was affirmed by this Court in MFA No.100126/2015 based on a joint memo filed by both parties. In the said joint memo, the de facto complainant had agreed to withdraw all allegations against accused No.1. 3. The marriage of the de facto complainant was dissolved on 20.11.2014, and subsequently, accused Nos.1 and 2 entered into a valid marriage. Therefore, the allegations in the complaint do not satisfy the essential ingredients required to constitute offences punishable under Sections 323, 494, 498A, and 504 read with Section 34 of IPC. 4. In light of the above, the continuation of criminal proceedings against the petitioner (accused No.2) would amount to an abuse of the process of law. Hence, I pass the following: - 3 - NC: 2025:KHC-D:2087 CRL.P No. 103404 of 2024 ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C. No.584/2020 (arising out of Bankapur PS Crime No.69/2020) pending on the file of learned Civil Judge and JMFC, Siggaon, are hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 37