- 1 - NC: 2025:KHC-D:520 CRL.P No. 103847 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103847 OF 2024 (482(Cr.PC)/528(BNSS)-) BETWEEN: SIMONRAJ S/O. J. RAJU AGE. 33 YEARS, OCC. WARDER, BEGGARS REHABILITATON CENTRE, R/O. #NO. 4, NPK QUARTERS, RAYAPUR, DHARWAD-580009. …PETITIONER (BY SRI. EDWARD NOHA S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (BY WOMEN POLICE STATION HUBBALLI), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. SMT. ROSALIN W/O. SIAMONRAJ AGE. 31 YEARS, OCC. HOUSEWIFE, R/O. C/O. SMT. LAKSHMAMMA NIDUNADU, #131, CHAMUNDESHWARI NAGAR, HUBBALLI-580032. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. A.A.PATHAN AND SRI. M.A.PATHAN, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.499/2019 PENDING ON THE FILE OF II ADDL.CIVIL JUDGE AND JMFC II COURT, DHARWAD, REGISTERED IN CRIME NO.42/2018 BEFORE THE WOMEN P.S. HUBBALLI, WHICH IS FILED U/S 3, 4 OF DOWRY PROHIBITION ACT 1961 AND U/S 498A, 323, 504, 506 OF IPC 1860. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.16 09:49:47 +0530 - 2 - NC: 2025:KHC-D:520 CRL.P No. 103847 of 2024 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner herein has been charge-sheeted for the offences punishable under Sections 498A, 323, 504, and 506 of the Indian Penal Code, 1860, and under Sections 3 and 4 of the Dowry Prohibition Act. 2. The case of the prosecution is that the petitioner/accused is the husband of the de-facto complainant and subjected her to cruelty, both mentally and physically, while also demanding money. 3. During the pendency of this petition, the parties filed a joint application under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stating that they have amicably resolved their dispute. As per the settlement, the complainant has agreed to return to the marital home, lead a matrimonial life, and withdraw all allegations against the petitioner. The de-facto complainant has also expressed no objection to the quashing of the impugned proceedings against the petitioner/accused. The joint application is placed on record. 4. The parties are present before the Court and have been identified by their respective counsels. 5. Though the offences alleged are cognizable and non- compoundable, considering the fact that the parties have amicably settled their dispute, subjecting the petitioner to trial would be a futile exercise. The possibility of the petitioner’s conviction is - 3 - NC: 2025:KHC-D:520 CRL.P No. 103847 of 2024 remote and bleak in light of the settlement arrived at between the parties. Therefore, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 6. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned proceedings in C.C. No.499/2019 pending on the file of II Additional Civil Judge and JMFC-II, Dharwad, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 32