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2025 DAILYLAW 76936 (KAR)

SHRIDHAR C VIJAPUR v. THE STATE OF KARNATAKA

CRL.P/5518/2025 · 2025-08-13

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31388 CRL.P No. 5518 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 5518 OF 2025 BETWEEN: 1. SHRIDHAR C. VIJAPUR S/O CHENNAPPA AGED ABOUT 34 YEARS NEAR BALEGAAR FORM GANDHINAGARA BANAHATTI, JAMAKANDI TQ BAGALKOT - 587311 2. BHARATHI BIJAPURA D/O CHENNAPPA AGED ABOUT 53 YEARS NEAR BALEGARA FORM GANDHINAGARA BANAHATTI, JAMAKANDI TQ BAGALKOT 587311 3. CHANNAPPA VIJAPURA S/O EARAPPA AGED ABOUT 63 YEARS NEAR BALEGARA THOTA BASAVANAGARA, BANAHATTI RURAL BAGALKOT 587311 4. VIJAYAKUMAR C. BIJAPPA S/O CHANDRAKANTHA YANE CHANNAPPA Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31388 CRL.P No. 5518 of 2025 AGED ABOUT 32 YEARS NEAR BALEGARA THOTA BASAVANAGARA, BANAHATTI RURAL BAGALKOT 587311 5. SANJANA YANE SRIDEVI W/O SATHISH DEVANGOV AGED ABOUT 33 YEARS PRESENT ADDRESS GACCHINAKATTI COLONY COLLEGE ROAD, BIJAPURA CITY VIJAYAPUR-586103 PERMANENT ADDRESS NEAR BALEGARA THOTA BASAVANAGARA, BANAHATTI RURAL BAGALKOT-587311 …PETITIONERS (BY SRI. G BALAKRISHNA SHASTRY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BHADRAVATHI OLD TOWN POLICE STATION, BHADRAVATHI REPRESENTED BY SPP HIGH COURT OF KARNATAKA. 2. KAVYA W/O SHREEDHAR AGED ABOUT 31 YEARS - 3 - HC-KAR NC: 2025:KHC:31388 CRL.P No. 5518 of 2025 3RD CROSS, BUTHANAGUDI, BHADRAVATHI SHIVAMOGGA 577301 …RESPONDENTS (BY SMT.RASHMI JADHAV, SPP FOR R1; SRI K.B.GOPAL, ADV. FOR R2.) CRL.P IS FILED U/S 482 CR.P.C. PRAYING TO QUASH THE FIR, COMPLAINT, CHARGE-SHEET AND THE ENTIRE PROCEEDINGS IN C.C.NO.8977/2024 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC COURT, BHADRAVATHI IN CR.NO.124/2024 REGISTERED BY THE BHADRAVATHI OLD TOWN PS FOR THE OFFENCES P/U/S 498A, 323, 504, 506 R/W 34 OF IPC R/W SEC. 3 AND 4 OF THE DP ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners/accused has filed the captioned petition seeking quashing of the proceedings in C.C.No.8977/2024 for the offences punishable under Sections 498A, 323, 504, 506 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 pending - 4 - HC-KAR NC: 2025:KHC:31388 CRL.P No. 5518 of 2025 on the file of II Additional Civil Judge and JMFC Court, Bhadravathi. 2. Today, a joint memo duly signed by both the parties and their respective learned counsel has been placed on record. In the said joint memo, it is stated that the petitioners and respondent No.2 have amicably resolved their matrimonial dispute. It is further placed on record that petitioner No.1/accused has paid a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) towards full and final settlement of permanent alimony. 3. On enquiry made by this Court, respondent No.2, who is present before the Court, has categorically acknowledged the factum of settlement in the matrimonial proceedings. She has further stated that in terms of the settlement recorded therein, she has undertaken to withdraw all pending criminal proceedings against the petitioners. Respondent No.2 has also confirmed that she has received the aforesaid sum of Rs.15,00,000/- by way - 5 - HC-KAR NC: 2025:KHC:31388 CRL.P No. 5518 of 2025 of demand draft towards permanent alimony. In view of the said settlement, respondent No.2/wife has requested that the proceedings in C.C.No.8977/2024 pending before the learned II Additional Civil Judge and JMFC, Bhadravathi, be quashed. 4. Having regard to the fact that the dispute between the husband and wife is essentially matrimonial in nature, and respondent No.2–wife has voluntarily and willingly settled the matter with petitioner No.1, this Court is of the opinion that continuance of the criminal proceedings would serve no fruitful purpose. Though Section 498A IPC is a non-compoundable offence, it is now well settled that in appropriate cases involving matrimonial disputes, when the parties have amicably settled their differences, the High Court, in exercise of powers under Section 482 of Cr.P.C., may quash the proceedings to secure the ends of justice and to prevent abuse of process of law. - 6 - HC-KAR NC: 2025:KHC:31388 CRL.P No. 5518 of 2025 5. In the present case, no heinous or grave offence is alleged other than the matrimonial dispute. Since respondent No.2 herself has expressed that she does not wish to prosecute the matter further and is inclined to accord a quietus to the dispute, this Court finds it just and proper to accept the settlement and quash the proceedings. 6. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C.No.8977/2024 for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of the learned II Additional Civil Judge and JMFC Court, Bhadravathi, in so far as the - 7 - HC-KAR NC: 2025:KHC:31388 CRL.P No. 5518 of 2025 present petitioners are concerned, are hereby quashed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE KTY List No.: 2 Sl No.: 47