- 1 - NC: 2025:KHC-D:189 CRL.P No. 101645 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101645 OF 2021 (482(Cr.PC)/528(BNSS)-) BETWEEN: RAJESH S/O VEERANNA AMTEKOPPA AGED ABOUT 34 YEARS, OCC. PRIVATE SERVICE, R/O. PLOT NO.20, GURUKRIPA, NADAGOUDA LAYOUT, VIDYANAGAR, HUBBALLI 580031. …PETITIONER (BY SRI. ARAVIND D KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA WOMENS POLICE STATION, HUBBALLI, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD. 2. SMT. SAVITRI W/O RAJESH AMTEKOPPA AGED ABOUT 35 YEARS, OCC. HOUSEHOLD WORK, R/O. PRESENTLY RESIDING AT BAIRIDEVARAKOPPA, SADASHIVANAND NAGAR, HUBBALLI. …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA FOR R1) (SRI. PRASHANT S KADADEVAR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE CHARGE SHEET FILED AGAINST THE PETITIONER AND ALSO QUASH ORDERS DATED 02.07.2021 AND 12.07.2021 IN CC NO.3479/2021 WHEREBY III ADDL. CIVIL JUDGE AND JMFC, HUBBALLI HAS TAKEN COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S 498-A, 323 AND 504 OF IPC AND Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:53 +0530 - 2 - NC: 2025:KHC-D:189 CRL.P No. 101645 of 2021 ISSUED SUMMONS TO THE PETITIONER AND ALL FURTHER PROCEEDINGS PURSUANT TO THE SAID ORDERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused, who is facing charges for offences punishable under Sections 498A, 323, and 504 of the IPC, has approached this Court seeking relief. 2. The prosecution’s case is that the petitioner/accused, being the husband of the de facto complainant, subjected her to both physical and mental cruelty and assaulted her. The petitioner had filed a petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage on the ground of cruelty. The said petition was dismissed, prompting the petitioner to file MFA No.103923/2023 before this Court. During the proceedings in the said matter, the petitioner and the de facto complainant amicably resolved their dispute by filing a compromise petition. In terms of the compromise, their marriage was dissolved by mutual consent, and the de facto complainant agreed to withdraw all allegations against the petitioner, expressing no objection to the quashing of the impugned proceedings. 3. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the fact that the parties have amicably resolved their dispute, subjecting the - 3 - NC: 2025:KHC-D:189 CRL.P No. 101645 of 2021 petitioner to trial would serve no purpose. The probability of the petitioner’s conviction is remote and bleak in view of the settlement. 4. In light of the above, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER a) The petition is allowed; b) The impugned proceedings in CC No.3479/2021 on the file of learned III Addl. Civil Jduge and JMFC, HUbballi initiated against the petitioner is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR List No.: 1 Sl No.: 68