- 1 - HC-KAR NC: 2025:KHC-D:12048 CRL.P No. 103655 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103655 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: SHARANAPPA S/O MAHADEVAPPA NEELAGAR, AGE. 36 YEARS, OCC. SERVICE, R/O. BADAMI CHALUKYA NAGAR, NOW AT: BELUR, TQ. BADAMI, TQ. BADAMI, DIST. BAGALKOT-587 201, KARNATAKA. … PETITIONER (BY SMT. NIRMALA B.G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BADAMI POLICE STATION, BAGALKOT, REP. BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580 011. 2. RESHMA @ RAJIYABANU W/O SHARANAPPA NEELGAR, AGE. 25 YEARS, OCC. HOUSEHOLD, R/O. CHALUKYA NAGAR, TQ. BADAMI, DIST. BAGALKOT-587 201. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. M.H. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO ALLOW THE PETITION AND QUASH THE COMPLAINT AND FIR IN CRIME NO.128/2023 DATED 24.08.2023 REGISTERED BY BADAMI POLICE STATION AND C.C.NO.726/2024 AND CHARGE SHEET, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A 323, AND 504 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC BADAMI, BAGALKOT AND ALL OTHER FURTHER PROCEEDINGS PURSUANT TO THEREIN IN RESPECT OF THE PETITIONER/ACCUSED, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12048 CRL.P No. 103655 of 2023 THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court with a prayer to quash the entire proceedings in Crime No.128/2023 registered by Badami Police Station, Bagalkot, for offences punishable under Sections 323, 498A and 504 of IPC, which is pending on the file of the Principal Civil Judge and JMFC, Badami, Bagalkot, as against him. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for respondent No.2 submit that the dispute between the parties, who are husband and wife, has been settled amicably at the intervention of elders of both the parties. The said settlement has been reported in MC No.1/2025, which was pending before the Court of Principal District and Sessions Judge, Bagalkot and based on the settlement reported, the marriage between the parties has been dissolved by a decree passed in MC No.1/2025 on 18.08.2025. Accordingly, they pray to allow the petition. 4. The submissions made on both sides is placed on record. - 3 - HC-KAR NC: 2025:KHC-D:12048 CRL.P No. 103655 of 2023 5. The parties, who are present before the Court are identified by their respective Advocates. The parties have stated that settlement between the parties is voluntary, without there being any undue influence or coercion. 6. The joint memo filed by the parties reporting settlement is taken on record. The same is signed by the parties and also by their respective Advocates. The joint memo is supported by the affidavit of the parties. Along with joint memo, the judgment passed in MC No.1/2025 by the Court of the Principal District and Sessions Judge, Bagalkote, under which the marriage of the parties has been dissolved is also produced. In paragraph No.6 of the joint memo, it is stated as follows:- “6. The Petitioner and Respondent no.2 to mitigate the dispute between them have arrived at settlement and compromise between them and they have filed a mutual consent Divorce Petition M.C No.1/2025 under Section 28 of Special Marriage Act, 1954 before the Court of Prl. District and Sessions Judge Court, Bagalkot and the said petition was allowed on 18.08.2025 and in view of the settlement between the Petitioner and the Respondent No.2, the Respondent No.2 has agreed to quash all the - 4 - HC-KAR NC: 2025:KHC-D:12048 CRL.P No. 103655 of 2023 proceedings in respect of C.C.No.726/2024 (Crime No.128/2023) pending on the file of Prl. Civil Judge & JMFC, Badami by allowing the present petition.” 7. In view of the settlement arrived between the parties, their marriage has been dissolved by a decree of mutual consent passed in MC No.1/2025 on 18.08.2025 by the Court of Principal District and Sessions Judge, Bagalkote. Charge sheet has been filed for compoundable offences. Therefore, I am of the opinion that the prayer made in the petition needs to be granted to do complete justice to both the parties. Accordingly, following order:- 8. The Criminal Petition is allowed. The entire proceedings in Crime No.128/2023 registered by Badami Police Station, Bagalkot, for offences punishable under Sections 323, 498A and 504 of IPC, pending on the file of the Principal Civil Judge and JMFC, Badami, Bagalkot, is hereby quashed as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK/LIST NO.: 1 SL NO.: 103