- 1 - NC: 2025:KHC-K:1723 CRL.P No. 200114 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200114 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MALLIKARJUN S/O DUNDAPPA BIRADAR, AGE: 35 YEARS, OCC: BANK EMPLOYEE, R/O SHAIKH ROZA (SAGASANAGERI), KALABURAGI. 2. MOHANABAI W/O DUNDAPPA BIRADAR, AGE: 63 YEARS, OCC: HOUSEWIFE, R/O SHAIKH ROZA (SAGASANAGERI), KALABURAGI. 3. DUNDAPPA S/O GUNDAPPA BIRADAR, AGE: 68 YEARS, OCC: RETIRED EMPLOYEE, R/O SHAIKH ROZA (SAGASANAGERI), KALABURAGI. …PETITIONERS (BY SRI NARENDRA M. REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KALABURAGI CITY WOMEN POLICE STATION, KALABURAGI, NOW REPRESENTED BY, ADDITIONAL SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585103. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1723 CRL.P No. 200114 of 2025 2. SMT. SANGEETA W/O MALLIKARJUN BIRADAR (D/O KASHIRAYA PATIL), AGE: 30 YEARS, OCC: HOUSEWIFE, R/O SHAIKH ROZA (SAGASANAGERI), KALABURAGI. NOW RESIDING AT NEAR GOVERNMENT SCHOOL, JAVALGA (B) VILLAGE, TQ: KAMALAPUR, DIST: KALABURAGI. …RESPONDENTS (BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI PRADEEP KUMAR, ADVOCATE FOR R2) THIS CRL.P. IS FILED U/SEC. 528 OF BNSS, 2023 PRAYING TO, ALLOW THIS PETITION AND QUASH THE ORDER OF TAKING COGNIZANCE DATED 16.07.2022 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, KALABURAGI IN C.C.NO.14992/2022 FOR THE OFFENCES PUNISHABLE U/S 498-A, 323, 504, 506 R/W 34 OF INDIAN PENAL CODE AND U/SEC. 3 AND 4 OF DOWRY PROBHITION ACT, 1961 NOW PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, KALABURAGI IN C.C.NO.14992/2022 (ARISING OUT OF CRIME NO.106/2021 OF KALABURAGI CITY WOMEN POLICE STATION) CONSEQUENTLY QUASH THE CHARGE SHEET IN SO FAR AS PETITIONER/ACCUSED NOS.1 TO 3 (AS PER CHARGE SHEET) ARE CONCERNED. - 3 - NC: 2025:KHC-K:1723 CRL.P No. 200114 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The learned counsels for the respective parties have filed an application for compromise under Section 359 read with Section 528 of BNSS, 2023 along with the affidavit and joint memo. 2. The affidavit of respondent No.2 Smt. Sangeeta contained four paragraphs. Out of these paragraphs, the relevant paragraphs are 2 and 3, which read as under: “2. That due to intervention of elder persons and well-wishers, myself and the petitioners have compromised the matter with some terms and conditions (terms mentioned below) and I have no interest to proceed with the case bearing no CC.no:14992/2022 pending on the file of Hon'ble I Addl Civil Judge & JMFC at Kalaburagi. - 4 - NC: 2025:KHC-K:1723 CRL.P No. 200114 of 2025 3. I further state that the terms agreed between myself i.e complainant and Petitioner i.e accused no.1 are as under: i) That myself and the petitioner no.1 have agreed for time settlement and the petitioner no.1 i.e Mallikarjun is paying a sum of RS:12,00,000/- towards one time settlement & Permanent alimony. In the said agreed money a sum of Rs:10,00,000/- is being paid through Demand Draft bearing no:132209 dated 06.03.2025 of Bank of Baroda and remaining Rs:2,00,000/- is already paid through cash and I acknowledge the same. ii) That it is further agreed between the parties that myself and petitioner in view of the settlement arrived in the above case I am ready to withdraw all the pending proceedings as against the Mallikarjun (other family members if any) and it is also agreed that I will give my full consent to dissolve the marriage with Mallikarjun in the pending divorce petition in MC.No:105/2024 pending on the file of Family Court Kalaburagi. iii) That it is further agreed between the parties that as agreed above I will withdraw the Execution petitions NO:253/2023 And 581/2024 arising out of Crl Misc.no:122/2021 on the file of Family Court Kalaburagi as fully Satisfied my mentioning that in view of the one time settlement & Permanent - 5 - NC: 2025:KHC-K:1723 CRL.P No. 200114 of 2025 alimony i.e towards full and final settlement of Rs:12,00,000/- (together) no further maintenance is required to be paid by the mallikarjun to Sangeetha now and in future.” 3. On reading of the above averments of the affidavit, I am of the considered opinion that there is no embargo to this Court to record the compromise since it is a matrimonial dispute between the parties. Moreover, the Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab and Another reported in (2012) 10 SCC 303 issued guidelines for compromise of such cases. 4. The parties, who are present before this Court are identified by their respective advocates. 5. Therefore, I proceed to pass the following: ORDER a) The criminal petition is allowed in terms of the compromise. b) The order of taking cognizance dated 16.07.2022, passed by the I Additional Civil - 6 - NC: 2025:KHC-K:1723 CRL.P No. 200114 of 2025 Judge and JMFC, Kalaburagi against the petitioners in C.C.No.14992/2022 (arising out of Crime No.106/2021 of Kalaburagi City Women Police Station) for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and the charge sheet insofar the petitioners is concerned stand quashed. c) The bail bonds executed, if any, stand cancelled. In view of disposal of the main petition, I.A.No.1/2025 does not survive for consideration. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 26 CT:PK