SRI ABHISHEK S/O HANUMANTHSA NIRANJAN v. THE STATE OF KARNATAKA
CRL.P/103808/2024 · 2025-02-27
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8429 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8429 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3969 CRL.P No. 103808 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103808 OF 2024 BETWEEN:
1.
SRI. ABHISHEK S/O. HANUMANTHSA NIRANJAN AGED 28 YEARS, OCC. BUSINESS, R/O. # 310, HARSHA RESIDENCE, DEVANGPET ROAD, SILVER PARK, HUBBALLI-580020.
2.
SMT. SUREKHA W/O. HANUMANTHSA NIRANJAN AGED 48 YEARS, OCC. HOUSEHOLD WORK, R/O. # 310, HARSHA RESIDENCE, DEVANGPET ROAD, SILVER PARK, HUBBALLI-580020.
3.
HANUMANTHSA S/O. CHANDRAKANTSA NIRANJAN AGED 55 YEARS, OCC. BUSINESS, R/O. # 310, HARSHA RESIDENCE, DEVANGPET ROAD, SILVER PARK, HUBBALLI-580020.
4.
PRASAD S/O. HANUMANTHSA NIRANJAN AGED 26 YEARS, OCC. BUSINESS, R/O. # 310, HARSHA RESIDENCE, DEVANGPET ROAD, SILVER PARK, HUBBALLI-580020.
5.
AKSHATA W/O. HARISH JARTARGHAR AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. SHANTINAGAR, CHURCH KAMAKSHIPUR, KESHWAPUR, HUBBALLI-580023. …PETITIONERS (BY SRI. RASHMI P.MANDI AND SRI. ANIL H.BUDAPUR, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA SHO, H.D. CITY WOMEN P.S. R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:3969 CRL.P No. 103808 of 2024
2.
SMT. AISHWARYA W/O. ABHISHEK NIRANJAN AGED 26 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO. 03, MADHURA ESTATE, NEAR SHREE PADMA CLINIC, KESHWAPUR, HUBBALLI-580023. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1;
SRI. A.G.HOSAKERI AND SRI. V.M.SHETTY, ADVS. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE PROCEEDINGS PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC, HUBBALLI IN CC NO.11363/2024 AGAINST THE PETITIONER NO.1 TO 5 WHO ARE ACCUSED NO. 1 TO 5 FOR THE OFFENCES PUNISHABLE U/S 498A, 323, 504,506 R/W 34 OF THE IPC AND U/S. 4 OF THE DOWRY PROHIBITION ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners, who are being prosecuted for offences punishable under Sections 498A, 323, 504, and 506 read with Section 34 of the Indian Penal Code (IPC) and Section 4 of the Dowry Prohibition Act, have approached this Court.
2. The prosecution alleges that the de facto complainant is the wife of Accused No. 1, while the other accused are her in-laws and relatives of her husband. They are alleged to have subjected the complainant to mental and physical cruelty and demanded that she bring money from her parental home.
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NC: 2025:KHC-D:3969 CRL.P No. 103808 of 2024
3. Petitioner No. 1 and the de facto complainant have filed MC No. 578/2024 under Section 13(B) of the Hindu Marriage Act, seeking mutual dissolution of their marriage. In these proceedings, Respondent No. 2 has agreed to withdraw all allegations against the petitioners and has no objection to the quashing of the impugned proceedings.
4. The learned counsel for Respondent No. 2 has submitted that, in light of the settlement reached between the parties, he has no objection to the quashing of the impugned proceedings.
5. The submission is placed on record.
6. Although the offences alleged against the petitioners are cognizable and non-compoundable, given that the parties have amicably settled their dispute and Respondent No. 2 has no objection to the quashing of the proceedings, continuing the criminal proceedings would serve no meaningful purpose. The likelihood of the petitioners’ conviction is remote and bleak due to the settlement. Therefore, allowing the proceedings to continue would amount to an abuse of the legal process.
Accordingly, I pass the following:
ORDER i) The Petition is allowed.
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NC: 2025:KHC-D:3969 CRL.P No. 103808 of 2024
ii) The impugned proceedings in C.C.No.11363/2024 pending on the file of the learned III Additional Civil Judge and JMFC, Hubballi, insofar as it relates to petitioners/accused stands quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
AC Ct:vh List No.: 1 Sl No.: 249