- 1 - HC-KAR NC: 2025:KHC-K:4363 CRL.P No. 201644 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO. 201644 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SIDDALINGAYYA SWAMY S/O SIDDAYYA SWAMY HIREMATH AGED ABOUT 41 YEARS OCCUPATION: AGRICULTURE. 2. SMT. UMADEVI W/O SIDDAYYA SWAMY AGED ABOUT 61 YEARS OCCUPATION: HOUSEHOLD 3. MALLIKARJUNA SWAMY S/O SIDDAYYA SWAMY AGED ABOUT 46 YEARS OCCUPATION: AGRICULTURE 4. SUGAMMA D/O SIDDAYYA SWAMY AGED ABOUT 36 YEARS OCCUPATION: HOUSEHOLD ALL ARE R/O GUNJANUR VILLAGE TALUK AND DISTRICT-YADGIR-585 321. …PETITIONERS (BY SRI. BASAWARAJ NADGOUDA, ADVOCATE) Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:4363 CRL.P No. 201644 of 2024 AND: 1. THE STATE OF KARNATAKA THROUGH DEODURGA PS REP. BY ADDL. SPP HIGH COURT OF KARNATAKA AT KALABURAGI-585103. 2. SMT. UMA @ LAXMI W/O SIDDALINGAYYASWAMY HIREMATH AGED ABOUT 36 YEARS OCCUPATION: HOUSEHOLD R/O CHIKKA-HONAKUNI VILLAGE TQ-DEODURGA , DISTRICT-RAICHUR-584 111. …RESPONDENTS ( HCGP FOR R1 – (ABSENT); R2 SERVED - UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN CC NO.44/2015 (PC. NO.3/2013) ON THE FILE OF THE HON’BLE CIVIL JUDGE AND JMFC COURT, DEVADURGA FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 323, 504, 506 R/W 149 IPC IN CRIME NO.219/2013 REGISTERED BY DEODURGA POLICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL ORAL ORDER (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) None appears for respondent No.1. Despite HCGP’s name reflecting for respondent No.1 in the cause list, there is no representation. Registry shall notify this fact to SPP requesting - 3 - HC-KAR NC: 2025:KHC-K:4363 CRL.P No. 201644 of 2024 him to make appropriate arrangement for representation of respondent No.1. 2. Petitioners have sought quashing of the proceedings in CC No.44/2015 on the file of Civil Judge and JMFC, Devadurga on the ground that the same amounts to abuse of process of the Court. 3. Petitioner No.1 is the husband of respondent No.2 Uma @ Laxmi. Petitioner Nos.2 to 4 are the mother, brother and sister of petitioner No.1. Marriage of petitioner No.1 and respondent No.2 was solemnized on 20.06.2011 at Banadeshwara Temple, Kala-Belagundi village, Yadgir District. On the complaint of respondent No.2 the petitioners and accused No.2/her father in law have subjected her to physical and mental cruelty in connection with demand for dowry, Devadurga Police registered Crime No.219/2013 and on investigation charge sheet was filed against petitioner and accused No.2 for the offences punishable under Sections 498A, 504, 506 read with Section 149 of IPC. - 4 - HC-KAR NC: 2025:KHC-K:4363 CRL.P No. 201644 of 2024 4. Learned Civil Judge & JMFC on taking cognizance has proceeded against the petitioner and accused No.2 in CC No.44/2015 contending that since accused No.2 died, case against him stood abated. Petitioners have sought quashing of the above proceedings on the ground that respondent No.2 has entered into compromise with petitioner No.1 in Crl.Misc. No.256/2015 which was filed by her and her daughter seeking maintenance. It is also contended that as per the said compromise petitioner No.1 has paid the amount and respondent No.2 is not cooperating in terms of compromise for closure of the proceedings in CC No.44/2015 and she is not even turning up to lead evidence. It is contended that the same amounts to abuse of the process of the Court. 5. The records show that petitioner No.1 and respondent No.2 have entered into compromise on 07.06.2024 by filing joint compromise petition. As per Clause 1(c) of the said compromise petition, petitioners therein have agreed to withdraw all the cases on receiving the compensation of Rs.6,00,000/- from petitioner No.1 herein. Clause 1(e) of the said compromise petition specifically states that on payment of - 5 - HC-KAR NC: 2025:KHC-K:4363 CRL.P No. 201644 of 2024 such amount, respondent No.2 would get the case in CC No.44/2015 compromised. The order dated 07.06.2024 in Crl.Misc. No.256/2015 shows that respondent No.2 has acknowledged the receipt of cash of Rs.6,00,000/- towards permanent alimony and the Court has recorded the same and referred the matter to the Lok Adalat. Further the Lok Adalat award dated 13.07.2024 shows that on reference from the Court in Crl.Misc.NO.256/2015 compromise was recorded and award was passed by Lok Adalat bench. Respondent No.2 has admitted receipt of Rs.6,00,000/-. The copy of the order sheet produced by the petitioner shows that respondent No.2 has not appeared before the Magistrate to comply the terms of the compromise stated above. 6. Petitioners are made to run around the Court in C.C.No.44/2015 which is pending since 10 years. In the light of the aforesaid facts and circumstances of the case, the proceedings in C.C.No.44/2015 amount to abuse of the process of the Court more particularly when petitioner No.2 is senior citizen and petitioner No.4 is married and staying in Bengaluru. - 6 - HC-KAR NC: 2025:KHC-K:4363 CRL.P No. 201644 of 2024 Considering the aforesaid facts, it is a fit case to allow the petition. Petition is allowed. The proceedings in C.C.No.44/2015 on the file of Civil Judge and JMFC, Devadurga against the petitioners are hereby quashed. Sd/- (K.S.MUDAGAL) JUDGE AKC List No.: 19 Sl No.: 1