- 1 - HC-KAR NC: 2025:KHC-D:12065 CRL.P No. 103384 of 2024 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. 103384 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. PREETAM S/O. PREMADAS VERNEKAR, AGE ABOUT 30 YEARS, OCC. GOLDSMITH, R/O. H.N1-2-8-A7, SRI MAHALASA NIVAS, NEAR VIJAYATARA HOTEL, GUNDI BAIL, AT UDUPI, PIN-576 101. 2. PREEYA W/O. PREMADAS VERNEKARR, AGE ABOUT 49 YEARS, OCC. HOUSE WIFE, R/O. H.N1-2-8-A7, SRI MAHALASA NIVAS, NEAR VIJAYATARA HOTEL, GUNDI BAIL, AT UDUPI, PIN-576 101. 3. PREMADAS S/O. RAMADAS VERNEKAR, AGE ABOUT 62 YEARS, OCC. BUSINESS, R/O. H.N1-2-8-A7, SRI MAHALASA NIVAS NEAR VIJAYATARA HOTEL, GUNDI BAIL, AT UDUPI, PIN-576 101. 4. CHETAN S/O. PREMADAS VERNEKAR, AGE ABOUT 26 YEARS, OCC. BUSINESS, R/O. H.N1-2-8-A7, SRI MAHALASA NIVAS, NEAR VIJAYATARA HOTEL, GUNDI BAIL, AT UDUPI, PIN-576 101. … PETITIONERS (BY SRI. S.H. MITTALKOD, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12065 CRL.P No. 103384 of 2024 AND: 1. STATE OF KARNATAKA, HD WOMEN P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. ARADHITA @ POOJA W/O. PREETAM VERNEKAR, AGE. 26 YEARS, OCC. HOUSE WIFE, SRI MAHALASA NIVAS, NEAR VIJAYATARA HOTEL, GUNDI BAIL, AT UDUPI, NOW AT BHRAMARAMBHA DANESHWARI LAYOUT, TEJASVI NAGAR, HUBBALLI, PIN-580 021. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-HELD SUFFICIENT V/O/DATED 25.01.2025) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASHING OF THE CHARGE SHEET FILED BY WOMAN POLICE STATION HUBBALLI-DHARWAD IN CC NO.610/2024 BASED ON THE FIR LODGED BY THE RESPONDENT NO.2 ON 01.10.2023 IN CRIME NO.79/2023, AND CONNECTED PROCEEDINGS ALLEGING THE COMMISSION OF OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506, 420 R/W 34 OF IPC AND UNDER SECTIONS 3 AND 4 OF DP ACT, THE COPY OF CHARGE SHEET AND FIR ARE PRODUCED AT DOCUMENT NO.1 AND 2, NOW PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC HUBBALLI. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12065 CRL.P No. 103384 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 4 are before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.610 of 2024 pending before the Court of III-Addl. Civil Judge and JMFC, Hubballi arising out of Crime No.79 of 2023 registered by HD City Women Police Station, Hubli North Sub-Division, Hubballi-Dharwad, for offences punishable under Section 498-A, 323, 504, 506, 420 read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled in Crl.Misc. No.11 of 2024, which was pending consideration before the Court of First Additional Family Judge, Hubballi, and in the said proceedings, a joint memo reporting settlement was filed. The marriage between the parties has been dissolved by a mutual consent decree pursuant to the settlement arrived between the parties. In the joint memo, - 4 - HC-KAR NC: 2025:KHC-D:12065 CRL.P No. 103384 of 2024 which was filed in Crl.Misc. No.11 of 2024, it is stated that respondent No.2 shall withdraw the impugned criminal proceedings filed against the petitioners. 3. The joint memo, which is filed in Crl.Misc. No.11 of 2024 is produced by the learned counsel for the petitioners along with a memo dated 05.08.2025. Along with the memo dated 05.08.2025, he has also produced the certified copy of the order sheet in M.C. No.23 of 2024 and the certified copy of the judgment in M.C. No.54 of 2025. Perusal of the judgment passed in M.C. No.54 of 2025 would go to show that a mutual consent decree has been passed in the said proceedings based on the settlement arrived at between the parties and the marriage between accused No.1 and respondent No.2 that was solemnized on 18.12.2022 at Hubballi has been dissolved. 4. In the joint memo, which is filed in Crl.Misc. No.11 of 2024, which was pending before the Court of First - 5 - HC-KAR NC: 2025:KHC-D:12065 CRL.P No. 103384 of 2024 Additional Family Judge, in paragraph No.5, it is stated as follows: “5. That the petitioners has filed Crl.Misc. No.234/2023 on the file of Ist Addl. Civil Judge and JMFC, Hubballi and C.C. No.610/2024 on the file fo the IIIrd Addl. Civil Judge and JMFC, Hubballi u/S.498A of IPC. The petition hereby has agreed to withdrawal all of the above cases before the final disposal of this joint memo.” 5. The joint memo filed in Crl.Misc. No.11/2024 is signed by the General Power of Attorney Holder of respondent No.2, her learned advocate and also by petitioner No.1 herein and her learned advocate. 6. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 7. Learned counsel for the petitioners has submitted that respondent No.2 is residing abroad and therefore, she has not participated in this proceedings. - 6 - HC-KAR NC: 2025:KHC-D:12065 CRL.P No. 103384 of 2024 8. Be that as it may, the fact remains that the marriage between the parties, namely accused No.1 and respondent No.2 is already dissolved by a decree of mutual consent and in the joint memo filed before the jurisdictional Court of Family Judge, Hubballi in Crl.Misc. No.11 of 2024, it is specifically agreed that respondent No.2 shall withdraw the impugned criminal proceedings registered against the petitioners. 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made in this petition needs to be granted. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in C.C. No.610 of 2024 pending before the Court of III-Addl. Civil Judge and JMFC, Hubballi arising out of Crime No.79 of 2023 registered by HD City Women Police Station, Hubli North Sub-Division, Hubballi-Dharwad, for offences punishable under Section 498-A, 323, 504, 506, 420 read - 7 - HC-KAR NC: 2025:KHC-D:12065 CRL.P No. 103384 of 2024 with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, stands quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 68