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2025 DAILYLAW 85106 (KAR)

SHRI VINAYAK S/O MALLIKARJUN GOSAGOND v. THE STATE OF KARNATAKA

CRL.P/103371/2023 · 2025-11-07

S Rachaiah

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15279 CRL.P No. 103371 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 103371 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI VINAYAK S/O MALLIKARJUN GOSAGOND AGE. 36 YEARS, OCC. PRIVATE JOB, R/O IRANI COLONY, TQ. AND DIST. GADAG-582101. 2. SHRI SUMITRA W/O MALLIKARJUN GOSAGOND AGE. 59 YEARS, OCC. HOUSEHOLD, R/O IRANI COLONY, TQ. AND DIST. GADAG-582101. …PETITIONERS (BY SRI. T.R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BELAGAVI WOMEN P S REPRESENTED BY R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580011. 2. SMT. SHILPA W/O VINAYAK GOSAGOND AGE. 28 YEARS, OCC. HOUSEHOLD, R/O HOUSE NO.188, RADHA NILAYA, IRANI COLONY, GADAG. NOW RESIDING AT EWS-152, ASHOK NAGAR, BELAGAVI-590016. …RESPONDENTS (BY SRI. JAI RAM SIDDI, HCGP FOR R1; SRI. NITIN R. BOLABANDI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC NO.1234/2022 (ARISING OUT OF BELAGAVI MAHILA P.S. CRIME NO.59/2022 DATED 08.08.2022) FILED AGAINST THESE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 323, 504, 506 R/W 34 OF IPC, IN SO FOR Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15279 CRL.P No. 103371 of 2023 THESES PETITIONERS HEREIN/ ARRAYED AS ACCUSED NOS.1 TO 2 RESPECTIVELY IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the petitioners filed an application under Section 320 (2) read with Section 482 of the Code of Criminal Procedure, stating that the matter has been settled between the petitioners and the respondent No.2 – complainant, hence, they have filed this application in that regard. 2. The averments of the said application reads as under; “1. The 2nd respondent /complainant herein has filed the Complaint against these present the Petitioners/Accused No.1 and 2 before the Belagavi women Police Station. After that the said police have filed charge sheet against these Petitioners/Accused No.1 and 2 before the Hon'ble J.M.F.C-II court Belagavi in C.C. No.1234/2022 for the alleged offence punishable 498-A, 323, 504, 506 R/w section 34 of IPC, the Petitioners/Accused No.1 and 2 - 3 - HC-KAR NC: 2025:KHC-D:15279 CRL.P No. 103371 of 2023 prefers this Memorandum of Criminal petition seeking quashing the charge sheet and cognizance. This Hon'ble court was granted stay for the petitioner No.2/accused No.2 only. 2. It is submitted that, now the well- wishers, elders of the village intervened and advised the Petitioners/Accused No.1 and 2 and the 2nd respondent/complainant to settle the matter amicably and as per the advice the Petitioners/Accused No.1 and 2 and the 2nd respondent/complainant have arrived at a settlement and settled the matter out of the court and the Petitioners/Accused No.1 and 2 and the 2nd respondent/complainant are compromise their dispute and now the 2nd respondent/complainant ready to going her matrimonial home and the Petitioner/Accused No.1 also ready except his wife. 3. It is submitted that the 2nd respondent/complainant further agrees that they will not precipitate the above matter and wish to put an end to the case. 4. That the 2nd respondent/complainant is hereby with draw all the allegation against the Petitioners/Accused No.1 and 2 and has no - 4 - HC-KAR NC: 2025:KHC-D:15279 CRL.P No. 103371 of 2023 objection to compound the offence and further has no objection to allow the above petition by quash the charge sheet and taking cognizance. 5. That the 2nd respondent/complainant agrees to settle the matter without there being any pressure, force, threat or coercion by anybody and on his volition ready to compromise in the matter. 6. It is submitted that the Petitioner/Accused No.1 has voluntarily undertaken before this Hon'ble Court that he shall take the 2nd Respondent/Complainant back to the matrimonial home and shall treat her with dignity, affection and utmost care and they shall lead a peaceful and harmonious married life henceforth. The 2nd Respondent/Complainant, being assured of her welfare, has also voluntarily agreed to resume cohabitation with the Petitioner/Accused No.1. 7. It is submitted that in view of the above stated facts and understanding between the parties the Hon'ble Court may be pleased to permit the parties to compound the offence and close the case by allowing the Criminal petition.” - 5 - HC-KAR NC: 2025:KHC-D:15279 CRL.P No. 103371 of 2023 3. Considering the averments made in the application, there is no embargo on this Court to record the settlement. 4. Accordingly, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the settlement. ii) The entire proceedings in C.C.No.1234/2022 pending on the file of JMFC II Court, Belagavi, 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 SMM, CT:VP LIST NO.: 2 SL NO.: 16