Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010515192023 NC: 2026:KHC:53914 CRL.P No. 10276 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10276 OF 2023 BETWEEN:
1.
SMT. GANASHREE (WRONGLY SHOWN AS GAANASRI) W/O KIRAN KUMAR D/O HULAGAPPA AGED ABOUT 31 YEARS PRESENTLY R/A 10TH WARD NEAR DARGA, HUVINAHA DAGALI TALUK, VIJAYANAGARA DISTRICT - 583 219.
2.
SRI HULAGAPPA (WRONGLY SHOWN AS HULIGEPPA) S/O GANGAMMA S AGED ABOUT 66 YEARS PRESENTLY R/A 10TH WARD NEAR DARGA HUNIVAHADAGALI TALUK VIJAYANAGARA DISTRICT - 583 219. …PETITIONERS (BY SRI ARAVIND H, ADV.) AND:
1.
THE STATE BY ITS P.S KTJ NAGARA POLICE STATION DAVANAGERE, DAVANAGERE DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001.
2.
KIRAN KUMAR S/O SHIVAPPA MUDUKANNANAVAR AGED ABOUT 34 YEARS R/A DOOR NO.793/16, IST MAIN
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010515192023 NC: 2026:KHC:53914 CRL.P No. 10276 of 2023
3RD CROSS, JAYANAGARA A BLOCK DAVANAGERE - 577 001. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1;
SRI MANJUNATH K.G, ADV., FOR SRI VENKATESH P DALWAI, ADV., FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO ALLOW THIS PETITION AND CONSEQUENTLY QUASH THE FIR AND COMPLAINT IN CR.NO.146/2023, ON THE FILE OF THE 3RD ADDITIONAL CIVIL JUDGE AND JMFC COURT, DAVANGERE DISTRICT, DAVANAGERE, REGISTERED AT KTJ NAGAR P.S., FOR THE OFFENCE P/U/S 143, 147, 323, 354, 504, 506 AND 149 OF IPC, IN SO FAR AS PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. This petition under Section 482 of Cr.PC is filed by accused nos.1 & 3 with a prayer to quash the entire proceedings in Crime No.146/2023 pending before the Court of III Addl. Civil Judge & JMFC, Davanagere, registered by KTJ Nagar Police Station, Davanagere, for the offences punishable under Sections 143, 147, 323, 354, 504, 506, 149 IPC.
2.
Learned Counsel for the petitioners and the learned Counsel for respondent no.2 jointly submit that during the pendency of this petition, charge sheet has been filed and the
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HC-KAR
CNR: KAHC010515192023 NC: 2026:KHC:53914 CRL.P No. 10276 of 2023
case is now pending before the jurisdictional Court of Magistrate in C.C.No.4172/2023. They submit that the dispute between the parties has been settled and the husband and wife have reported settlement in M.C.No.80/2024 which was pending before the Court of Civil Judge & JMFC at Hoovinahadagali, Vijayanagara District. They submit that in view of the settlement between the parties, the impugned criminal proceedings may be quashed.
3. Petitioner no.1 is the wife of respondent no.2. It appears that the couple have filed M.C.No.80/2024 before the jurisdictional Civil Court at Hoovinahadagali, for dissolution of their marriage by a decree of divorce. In the said proceedings, settlement was reported by the parties and based on the same, the marriage between the parties has been dissolved by a decree of divorce and the petitioner-wife is paid permanent alimony of Rs.14 lakhs. In the order dated 28.08.2026 passed by the jurisdictional Civil Court at Hoovinahadagali in M.C.No.80/2024, before which the husband and wife had reported settlement, it is observed as under:
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HC-KAR
CNR: KAHC010515192023 NC: 2026:KHC:53914 CRL.P No. 10276 of 2023
"Both Parties are present. The Mediation Report is Received and Mediation is submitted as Successful. The Parties and their Counsels have asked the Court to pass the Decree of Divorce in Terms of the Compromise arrived at by the Parties before the Advocate Mediator. The Petitioner/Husband has Paid Rs. 3Lakhs in Cash and Demand Draft for Rs.11Lakhs to the Respondent/Wife in the presence of the Court. The Respondent/Wife has agreed to Withdraw/Report Compromise in the Criminal Cases in CC No.881/2023 Pending before the Civil Judge & JMFC, Hadagali, CC No.4172/2023 Pending on the file of 3rd Additional Civil Judge and JMFC, Davanagare and Crl.Misc. No.581/2023 Pending before the Civil Judge & JMFC in Hadagali."
4.
Learned Counsel for the parties today submit before the Court that in view of the settlement in M.C.No.80/2024, the impugned criminal proceedings may be quashed.
5. The aforesaid submission made on both sides is placed on record. Accordingly, the following order:
6. Petition is allowed. The entire proceedings in Crime No.146/2023 registered by KTJ Nagar Police Station,
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HC-KAR
CNR: KAHC010515192023 NC: 2026:KHC:53914 CRL.P No. 10276 of 2023
Davanagere, which is now pending before the Court of III Addl. Civil Judge & JMFC, Davanagere, for the offences punishable under Sections 143, 147, 323, 354, 504, 506, 149 IPC, is hereby quashed as against the petitioners herein.
Sd/- (S VISHWAJITH SHETTY) JUDGE
KK