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2026 DAILYLAW 16021 (KAR)

SHRI RAMESH U v. THE STATE OF KARNATAKA

CRL.P/12006/2025 · 2026-02-10

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12006 OF 2025 C/W CRIMINAL PETITION NO. 2141 OF 2022 IN CRL.P No. 12006/2025 BETWEEN: 1. SHRI RAMESH U AGED 37 YEARS SON OF U RAMDAS RESIDING AT NO. 954/8 VENKATADRI NILAYAM, 23RD WARD, BEHIND HP PETROL BUNK KAMPLI, BELLARY DISTRICT - 583 132 2. SMT. LEPAKSHAMMA AGED ABOUT 55 YEARS W/O U RAMDAS RESIDING AT NO. 954/8 VENKATADRI NILAYAM 23RD WARD, BEHIND HP PETROL BUNK KAMPLI, BELLARY DISTRICT - 583 132 …PETITIONERS (BY SRI. PALLAVA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DAVANAGERE WOMEN P.S. DAVANAGERE - 577002. REPRESENTED BY THE LEARNED SPP HIGH COURT OF KARNATAKA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 BENGALURU - 560001. 2. SMT. POOJA D K AGED ABOUT 27 YEARS W/O RAMESH U RESIDING AT NO. 3158/1 M.C.C. 'B' BLOCK, 10TH MAIN ROAD 4TH CROSS, DAVANAGERE - 577004 …RESPONDENTS (BY SRI. B.N. JAGADEESHA, LEARNED ADDL. SPP FOR R1, SRI. NATARAJU T, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 06.02.2022 IN CR.NO.26/2022 REGISTERED BY THE DAVANAGERE WOMEN PS, THE RESPONDENT NO.1 HEREIN FOR THE O/P/U/S 506,34,498A,504 AND 323 OF IPC AND SEC.3 AND 4 OF THE D.P ACT, 1961 AS AGAINST THE PETITIONER NO.1 AND 2 HEREIN BY ARRAYING THEM AS ACCUSED NO.1 AND 2, WHICH IS GIVEN HEREIN AT ANNEXURE A. IN CRL.P NO. 2141/2022 BETWEEN: 1. SHRI KRISHNA AGED 43 YEARS, SON OF U ERANNA, RESIDING AT NO.282, 20TH WARD, AZAD NAGAR, HOSPETE, VIJAYANAGARA DISTRICT-583 201. 2. SHRI RAJESH AGED 27 YEARS, SON OF U.RAMDAS, RESIDING AT D.NO.101, - 3 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 SUDHA DATHA NILAYA, 38TH CROSS, NEAR IFB POINT, JAYANAGAR 9TH BLOCK, BENGALURU-560 011. ...PETITIONERS (BY SRI. PALLAVA R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DAVANAGERE WOMEN P.S., DAVANAGERE-577 002, REPRESENTED BY THE LEARNED SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT POOJA D K AGED 24 YEARS, W/O RAMESH U, RESIDING AT NO.3158/1, M.C.C. 'B' BLOCK, 10TH MAIN ROAD, 4TH CROSS, DAVANAGERE-577 004. ...RESPONDENTS (BY SRI. B.N. JAGADEESHA, LEARNED ADDL. SPP FOR R1, SRI. NATARAJU T, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR DATED 06.02.2022 IN CR.NO.26/2022 REGISTERED BY THE DAVANAGERE WOMEN POLICE STATION, THE RESPONDENT NO.1 HEREIN FOR THE OFFENCE P/U/S 506, 34, 498A, 504 AND 323 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT 1961 ON THE FILE OF 2ND ADDL.CIVIL JUDGE (SR.DN) AND J.M.F.C DAVANAGERE AS AGAINST THE PETITIONER NO.1 AND 2 HEREIN BY ARRAYING THEM AS ACCUSED NO.3 AND 4 WHICH IS GIVEN HEREIN AT ANNEXURE-A. - 4 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 1. The petitioners are before this Court seeking to quash the F.I.R. dated 06.02.2022 in Crime No.26/2022 registered by Davanagere Women Police Station, pending before the II Addl. Civil Judge (Sr. Dvn.) and JMFC, Davangere, for the offences under Sections 506, 34, 498A, 504 and 323 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri.Pallava R., learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.Nataraju T., learned counsel appearing for respondent No.2 and perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding application along with the joint memo of settlement in both the petitions. The said joint memos of settlement read as follows: - 5 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 “JOINT MEMO OF SETTLEMENT IN CRL.P.NO.12006 OF 2025 We, the Petitioners herein and the Respondent No. 02 above named do hereby jointly submit as follows:- 1. We submit that that the above criminal petition was filed by the Petitioner No. 01 and 02 challenging the Complaint dated 06.02.2022 (Annexure-B) lodged by the 2nd Respondent herein and the consequent F.I.R (Annexure-A) registered by the 1st Respondent Police in Crime No. 26 / 2022 against the Petitioners herein by arraying them as Accused No. 01 and 02 for the offences punishable under Sections 506, 34, 498A, 504, 323 of IPC and Section 03 and 04 of the Dowry Prohibition Act, 1961. 2. We submit that the above criminal proceeding was essentially an off-shoot of the matrimonial dispute between the Respondent No. 02 and the Accused No. 01. 3. We submit that the Accused No. 01 in the said crime and the Respondent No. 02 herein, by intervention of their respective families and well-wishers have resolved all their disputes and have obtained a decree of divorce by way mutual consent in M.C. No. 402 / 2023 on the file of the Judge, Family Court, at Davanagere. As such the marriage of the Accused No. 01 and the Respondent No. 02 herein is dissolved by way of a decree of divorce dated 20.04.2024. - 6 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 4. We submit that in the aforementioned matrimonial proceedings, inter-alia, it was agreed by the Accused No. 01 and the Respondent No. 02 that they would cooperate with each other in getting the pending Crime No. 26/2022 registered by the Davanagere Women PS based on the complaint of the Respondent No. 02 quashed at the hands of this Hon'ble Court qua all the Accused persons named therein including these Petitioners. Hence this joint memo. 5. We submit that since all the disputes have been settled between the parties, this Hon'ble Court may kindly be pleased to exercise its inherent powers to quash the said criminal proceeding to restore harmony between the parties as per the directions of the Hon'ble Apex Court in the case of Gian Singh. 6. It is submitted by the Respondent No. 02 herein that she has no objections for this Hon'ble Court to quash the impugned F.I.R pending against these Petitioners. WHEREFORE, it is prayed that this Hon'ble Court be pleased to accept the above joint memo of settlement and quash the F.I.R. dated 06.02.2022 in Crime No. 26/2022 registered by the Davanagere Women PS as against these Petitioners by arraying them as Accused No. 01 and 02 respectively for the offences punishable under Sections 506, 34, 498A, 504, 323 of IPC and Section 03 and 04 of the Dowry Prohibition Act, 1961 which is given herein at ANNEXURE-'A' in the interest of justice and equity. - 7 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 “JOINT MEMO OF SETTLEMENT IN CRL.P.NO.2141 OF 2022 We, the Petitioners herein and the Respondent No. 02 above named do hereby jointly submit as follows:- 1. We submit that that the above criminal petition was filed by the Petitioner No. 01 and 02 challenging the Complaint dated 06.02.2022 (Annexure-B) lodged by the 2nd Respondent herein and the consequent F.I.R (Annexure-A) registered by the 1st Respondent Police in Crime No. 26 / 2022 against the Petitioners herein by arraying them as Accused No. 03 and 04 for the offences punishable under Sections 506, 34, 498A, 504, 323 of IPC and Section 03 and 04 of the Dowry Prohibition Act, 1961. 2. We submit that the above criminal proceeding was essentially an off-shoot of the matrimonial dispute between the Respondent No. 02 and the Accused No. 01. 3. We submit that the Accused No. 01 in the said crime and the Respondent No. 02 herein, by intervention of their respective families and well-wishers have resolved all their disputes and have obtained a decree of divorce by way mutual consent in M.C. No. 402 / 2023 on the file of the Judge, Family Court, at Davanagere. As such the marriage of the Accused No. 01 and the Respondent No. 02 herein is dissolved by way of a decree of divorce dated 20.04.2024. - 8 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 4. We submit that in the aforementioned matrimonial proceedings, inter-alia, it was agreed by the Accused No. 01 and the Respondent No. 02 that they would cooperate with each other in getting the pending Crime No. 26/2022 registered by the Davanagere Women PS based on the complaint of the Respondent No. 02 quashed at the hands of this Hon'ble Court qua all the Accused persons named therein including these Petitioners. Hence this joint memo. 5. We submit that since all the disputes have been settled between the parties, this Hon'ble Court may kindly be pleased to exercise its inherent powers to quash the said criminal proceeding to restore harmony between the parties as per the directions of the Hon'ble Apex Court in the case of Gian Singh. 6. It is submitted by the Respondent No. 02 herein that she has no objections for this Hon'ble Court to quash the impugned F.I.R pending against these Petitioners. WHEREFORE, it is prayed that this Hon'ble Court be pleased to accept the above joint memo of settlement and quash the F.I.R. dated 06.02.2022 in Crime No. 26/2022 registered by the Davanagere Women PS as against these Petitioners by arraying them as Accused No. 03 and 04 respectively for the offences punishable under Sections 506, 34, 498A, 504, 323 of IPC and Section 03 and 04 of the Dowry Prohibition Act, 1961 which is given herein at ANNEXURE-'A' in the interest of justice and equity.” - 9 - HC-KAR NC: 2026:KHC:7961 CRL.P No. 12006 of 2025 C/W CRL.P No. 2141 of 2022 4. In the light of application for compounding being filed along with the joint memo of settlement and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petitions are disposed. ii. F.I.R. dated 06.02.2022 in Crime No.26/2022 registered by Davanagere Women Police Station, pending before the II Addl. Civil Judge (Sr. Dvn.) and JMFC, Davangere, for the offences under Sections 506, 34, 498A, 504 and 323 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, stands quashed qua the petitioners. SD/- (M.NAGAPRASANNA) JUDGE PKS/List No.: 1 Sl No.: 41