SHIVANNA S/O NAGAPPA MANJINAL v. THE STATE OF KARNATAKA
CRL.P/100026/2026 · 2026-01-19
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 52439 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52439 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC-D:536 CRL.P No. 100026 of 2026
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100026 OF 2026 (482(CR.PC)/528(BNSS)) BETWEEN:
SHIVANNA S/O NAGAPPA MANJINAL AGE 59 YEARS, OCC. NOW A E E AT WATER RESOURCES DEPT BELAGAVI R/O. H.NO.24, 2ND CROSS ROAD, KUMARESHWAR NAGAR, LAYOUT YALAKKI SHETTAR COLONY, DHARWAD TQ. AND DIST. DHARWAD 580004. …PETITIONER (BY SRI. GANAPATI M. BHAT, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY POLICE SUB INSPECTOR WOMEN POLICE STATION HUBBALLI DHARWAD R/BY SPP HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD 583011.
2.
SMT. MANGALA W/O SHIVANNA MANJINAL AGE 51 YEARS, OCC. HOUSEHOLD WORK R/O. H.NO. 24, 2ND CROSS ROAD, KUMARESHWAR NAGAR LAYOUT, YALAKKI SHETTAR COLONY, DHARWAD TQ AND DIST DHARWAD 580004. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI VIDYASHANKAR G. DALWAI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023 PRAYING TO ALLOW THE CRIMINAL PETITION FILED U/SEC.528 OF BNSS, 2023 AND QUASH PROCEEDINGS IN C.C.NO.1375/2022 (CRIME NO.45/2022 OF WOMEN PS, HUBBALLI-DHARWAD) PENDING ON THE FILE OF THE COURT OF THE II ADDL.CIVIL JUDGE AND J.M.F.C II COURT, AT DHARWAD FOR AN OFFENCES PUNISHABLE U/SECS.498(A), 323, 504, 506 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
- 2 -
HC-KAR NC: 2026:KHC-D:536 CRL.P No. 100026 of 2026
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. The petitioner and the respondent No.2 are present before the Court.
2. They have presented an joint application signed by them and their Advocates.
3. Sri.Vidyashankar G. Dalwai, learned counsel, files power for respondent No.2. The parties have presented a joint application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 read with Section 359 of the BNSS. On enquiry, it is found that the application is duly signed by the parties as well as their respective advocates.
4. A copy of the application furnished to the learned High Court Government Pleader as well.
5. The offences alleged against the petitioner are non-compoundable per se. However, taking note of the true settlement arrived at between the parties, which they have unequivocally admitted before the Court, and also taking note of the fact that the petitioner is now residing with the second
1 Hereinafter referred to as ‘the BNSS’
- 3 -
HC-KAR NC: 2026:KHC-D:536 CRL.P No. 100026 of 2026
respondent in the same house and that they have three children to look after, this Court is of the considered opinion that the application needs to be allowed by exercising the inherent power vested in this Court, following the dictum of the Hon'ble Apex Court in Ramgopal and Anr. v. State of Madhya Pradesh2.
6. Accordingly, the following order:
ORDER (i) The petition allowed. (ii) Consequently, the criminal proceedings pending in C.C.No.1375/2022 (Crime No.45/2022) on the file of II Additional Civil Judge and J.M.F.C. II, Dharwad, are hereby quashed.
Sd/- (V.SRISHANANDA) JUDGE RHR/-Ct-cmu LIST NO.: 2 SL NO.: 81
2 (2021) 6 SCC 221