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2026 DAILYLAW 52870 (KAR)

SRI. SUKUL S/O. SUBHASH GHOLBA v. THE STATE OF KARNATAKA

CRL.P/101910/2025 · 2026-02-04

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1597 CRL.P No. 101910 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101910 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. SUKUL S/O. SUBHASH GHOLBA AGE 32 YEARS, OCC. BUSINESS R/O. BC NO. 20, INSIDE FORT DURGA DEVI TEMPLE FORT, BELAGAVI 590016. 2. SMT. SUFALA W/O. SUBHASH GHOLBA AGE. 68 YEARS, OCC HOMEMAKER R/O. BC NO. 20, INSIDE FORT DURGA DEVI TEMPLE FORT, BELAGAVI 590016. 3. SRI SUBHASH S/O. VENKATESH GHOLBA SRI SUBHASH S/O. ANANTH GHOLBA AGE. 74 YEARS, OCC. SERVICE (BANK EMPLOYEE) R/O. BC NO. 20 INSIDE FORT , DURGA DEVI TEMPLE, FORT, BELAGAVI 590016 SEMNIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONERS (BY SRI. KISHOR SUTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA WOMEN POLICE STATION BELAGAVI CITY REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD-580011. 2. SMT. POOJA W/O. SUKUL GHOLBA AGE. 24 YEARS, OCC. BUSINESS R/O. ANTAL RESIDENCY 2ND FLOOR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1597 CRL.P No. 101910 of 2025 PLOT NO. 37, CTS NO. 10980 9TH CROSS SADASHIV NAGAR BELAGAVI 590019. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. NAINA R. NERLI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023, SEEKING TO QUASH THE COMPLAINT AND F.I.R. DATED 03/03/2025 IN CRIME NO.0021/2025 REGISTERED BY THE RESPONDENT NO.1 I.E., WOMAN POLICE STATION BEAGAVI FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 115(2), 352, 351 (2), 3(5) OF BNS, 2023 ON THE FILE OF THE JMFC II, BELAGAVI, IN SO FAR AS PETITIONER NOS.1 TO 3 ARE CONCERNED WHO ARE ARRAYED AS ACCUSED NOS.1 TO 3. 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 parties are present along with their respective counsel. 2. A joint memo has been filed by the parties and their respective advocates. An enquiry was conducted with respondent No. 2, who submitted that she does not wish to pursue the matter involving the passing of the decree of divorce. 3. The learned High Court Government Pleader, present before the Court and submitted that suitable orders - 3 - HC-KAR NC: 2026:KHC-D:1597 CRL.P No. 101910 of 2025 may be passed in view of the genuine settlement arrived at between the parties. 4. Though the offence under Section 498A of the IPC is non-compoundable in view of true settlement between the parties, following the dictum laid down by the Hon’ble Apex Court in Ramgopal Vs. State of Madhya Pradesh, and taking note of the fact that the dispute is purely private in nature between the parties, the following order is passed: ORDER i. The petition is allowed. ii. The joint memo is taken on record. Consequently, the pending proceedings in Crime No.0021/2025 registered by respondent No.1, i.e., the Women Police Station, Belagavi, for the offences punishable under Sections 85, 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the file of the JMFC-II, Belagavi, in so far as petitioner Nos.1 to 3, who - 4 - HC-KAR NC: 2026:KHC-D:1597 CRL.P No. 101910 of 2025 are arrayed as accused Nos.1 to 3, are concerned, are hereby quashed. Sd/- (V.SRISHANANDA) JUDGE AC Ct-cmu LIST NO.: 3 SL NO.: 40