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2025 DAILYLAW 84383 (KAR)

ISHWAR S/O SUBRAY SIDDI v. STATE OF KARNATAKA

CRL.P/100162/2025 · 2025-12-09

S Rachaiah

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17733 CRL.P No. 100162 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.100162 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: ISHWAR S/O. SUBRAY SIDDI, AGED 38 YEARS, OCC. ARMY SERVICE, R/O. ANGADIBAIL, ACNAVE, TQ. ANKOLA, DIST. UTTARA KANNADA-581344. …PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY POLICE SUB INSPECTOR, YELLAPUR POLICE STATION, YELLAPUR, DIST. UTTARA KANNADA-581 359, REPRESENTED THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. PREMA PUTTA SIDDI, AGED 35 YEARS, OCC. HOUSEHOLD AND TEMPORARY EMPLOYEE, R/O. NANDIBHAVI, PO. UMMACHGHI, TQ. YELLAPUR, DIST. UTTARA KANNADA-581 344. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. KUSHAL KAMBLE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE F.I.R. REGISTERED BY YELLAPUR POLICE IN CRIME NO.0189/2024 AGAINST THE ACCUSED PURSUANT TO COMPLAINT DATED 28.08.2024 FILED BY RESPONDENT NO.2 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 376, 376(2)(N), 506, 420 OF IPC, 1860, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, YELLAPUR, UTTARA KANNADA AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17733 CRL.P No. 100162 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The learned counsels for the respective parties have filed application under Section 320 read with Section 482 of the Criminal Procedure Code (for short, ‘the Cr.P.C’). ( Under Section 359 r/w Section 528 and 529 of BNSS) 2. The averments of the affidavit of respondent No.2 accompanying the application are as follows: “AFFIDAVIT 1. I Prema D/o Putta Siddi, aged 35 years, Occ: Household and Temporary Employee, R/o: Nandibhavi, Po: Ummachghi, Tq: Yellapur, Dist: Uttara Kannada-581347, today at Dharwad do hereby solemnly affirm and state on oath as under. 2. I am the Respondent No.2 in this case. I am Competent to swear to this affidavit. 3. I filed the complaint dated 28-8-2024 before Yellapur Police Station and of F.I.R. is registered in Crime No. 0189/2024. The Police have filed the Charge sheet dated 9-12-2024 for offences punishable under Section 376, 376 (2) (n), 506 and 417 of Indian Penal Code. The trial Court taken the cognizance by order dated 24-1-2025 due to inadvertence without taking to the note of interim - 3 - HC-KAR NC: 2025:KHC-D:17733 CRL.P No. 100162 of 2025 order passed by this Hon'ble Court and case is registered as CC No. 19/2025 before Civil Judge and JMFC Yellapur. 4. Now the matter is settled between me and petitioner i.e; my husband. Our marriage solemnized on 7-1-2024 and that the same is registered on 4-12-2025 before Sub Registrar Yellapur at marriage Number:YLP-HM00282-2025- 26. We are leading happy marital life. We are cordial in relation. Now I am not interested in prosecuting the matter. Now by setting this there will be no hardship will cause to either party or any others. If criminal case is continued we both will be put to irreparable loss and hardship which cannot be compensated in terms of money. By allowing this petition no hardship and injustice will be caused to either parties. We both the parties arrived at settlement and same is not affected to the public. The settlement is arrived in the better interest of both parties. I have no objection to quash the Charge sheet and the proceeding pending before Civil Judge and JMFC Yellapur in C.C.No. 19/2025 for offences punishable under Section 376, 376 (2) (n), 506 and 417 of Indian Penal Code. 5. The above contents are true and correct 3. Having considered the averments made in the affidavit accompanying the application, there is no embargo on this Court to record the settlement. 4. Accordingly, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC-D:17733 CRL.P No. 100162 of 2025 ORDER. i) The petition is allowed in terms of the settlement. ii) The entire proceedings in Crime No.189/2024 of respondent Police, is hereby quashed. iii) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE ASN/CT: UMD List No.: 2 Sl No.: 80