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2025 DAILYLAW 92781 (KAR)

JAGADISH KUMAR v. THE STATE OF KARNATAKA

CRL.P/202057/2025 · 2025-12-16

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:7824 CRL.P No. 202057 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.202057 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. JAGADISH KUMAR S/O CHANDRASHETTY KACHUR, AGE: 48 YEARS, OCC: PRIVATE WORK, R/O ISIRI NILAYA, NELAGEDARANHALLI, NAGASANDRA POST: PEENYA, BENGALURU-560073. 2. PRAKASH S/O AYYANNA BEKNAL, AGE: 65 YEARS, OCC: RETD. EMPLOYEE, R/O PLOT NO.2, BHALCHANDRA NIVAS, NRUTATUNGA COLONY, SHAHABAD ROAD, KALABURAGI-585104. …PETITIONERS (BY SRI. ANILKUMAR B. NAVADAGI, AND SRI. BASAVARAJ R. MATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA THROUGH SEDAM POLICE STATION, TQ. SEDAM DIST. KALABURAGI (REPRESENTED BY ADDL. S.P.P. HIGH COURT OF KARNATAKA KALABURAGI BENCH-585107) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7824 CRL.P No. 202057 of 2025 2. SMT. RENUKA @ JYOTI D/O VIJAYKUMAR JABA, DIVORCED WIFE OF JAGADISH KACHUR, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O KEB COLONY, BEHIND VIDHAN SOUDHA SEDAM, TQ. SEDAM DIST. KALABURAGI-585222. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI. RAVI B. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), UNDER SECTION 528 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION AND QUASH THE CHARGE SHEET IN CRIME NO.175/2021 OF SEDAM POLICE STATION NOW PENDING ON THE FILE OF CIVIL JUDGE AND JMFC SEDAM IN CC NO.29/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 354, 504, 506, READ WITH SEC. 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the husband and relative of petitioner No.1/husband seeking quashing of the proceedings pending in C.C.No.29/2022 (arising out of Cr.No.175/2021) on the file of the Civil Judge and JMFC, Sedam, for the offences punishable under Sections 354, 504, 506 read with Section 34 of IPC. - 3 - HC-KAR NC: 2025:KHC-K:7824 CRL.P No. 202057 of 2025 2. Today, a joint memo is filed invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the proceedings in view of the amicable settlement arrived at between the parties, as recorded by the Division Bench of this Court in MFA No.202418/2023 connected with MFA Crob. No.200098/2023. 3. Respondent No.2/complainant is present before this Court. On being enquired, she submits that the matrimonial dispute between herself and the petitioner has been amicably settled, the marriage has been dissolved, and she has already received a sum of Rs.15,00,000/-. She further submits that the balance amount of Rs.5,00,000/- has been paid today in open Court by way of demand draft bearing No.021778 dated 12.12.2025 drawn on Canara Bank, which is handed over to her. She unequivocally states that she has no objection for - 4 - HC-KAR NC: 2025:KHC-K:7824 CRL.P No. 202057 of 2025 quashing of the proceedings, as the marital dispute has been given a quietus before the Division Bench. 4. Recording the aforesaid submission and having regard to the fact that the marriage itself stands dissolved pursuant to the settlement recorded by the Division Bench, this Court is of the considered view that continuation of the criminal proceedings for the aforesaid offences would serve no useful purpose. In order to secure the ends of justice and to prevent abuse of the process of Court, this Court deems it appropriate to exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The petition is allowed. (ii) The proceedings pending in C.C. No.29/2022 (arising out of Crime - 5 - HC-KAR NC: 2025:KHC-K:7824 CRL.P No. 202057 of 2025 No.175/2021) on the file of the Civil Judge and JMFC, Sedam, for the offences punishable under Sections 354, 504 and 506 read with Section 34 of the Indian Penal Code, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 37 CT:SI