- 1 - HC-KAR NC: 2026:KHC-D:2240 CRL.P No. 101252 of 2022 C/W CRL.P No. 101893 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101252 OF 2022 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 101893 OF 2019 IN CRL.P.NO.101252/2022 BETWEEN: GANGADHAR S/O PARSHURAM KOTIYAVAR AGE. 37 YEARS, OCC. S.B.I.ASS. MANAGER, R/O. TILAK ROAD, HALIYAL, TQ. HALIYAL, DIST. KARWAR-581329. …PETITIONER (BY SRI. A.R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DHARWAD SUB URBAN POLICE STATION, BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. LATHA W/O GANGADHAR KOTIYAVAR D/O. S.P. LINGARAJ AGE. 34 YEARS, OCC. PRIVATE SERVICE, R/O.ANNAPURNA NILAYA, VINOBHA NAGAR, 2ND STAGE, SHIVAMOGGA-577201. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 15:57:19 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2240 CRL.P No. 101252 of 2022 C/W CRL.P No. 101893 of 2019 SRI. D.V. PATTAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.740/2018 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, DHARWAD FOR THE OFFENCES PUNISHABLE U/SEC. 323,324,498(A). 504, IPC BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. IN CLR.P.NO.101893/2019 BETWEEN: 1. SMT. LATHA W/O GANGADHAR KOTIYAVAR AGE: 32 YEARS, OCC: PRESENTLY NIL R/O: C/O: S.P.LINGARAJ, (ANNAPURNA NILAYA), VINOBHANAGAR, SHIMOGA-577201. 2. SRI. LINGARAJ S.P. AGE: 62 YEARS, OCC: PRIVATE JOB, R/O: ANNAPURNA NILAYA, VINOBHANAGAR, SHIMOGA-577201. 3. SMT. ANNAPURNA LINGARAJ S.P. AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O: ANNAPURNA NILAYA, VINOBHANAGAR, SHIMOGA-577201. 4. HARSHA S/O LINGARAJ S.L. AGE: 28 YEARS, OCC: TRAVEL AGENCIES, R/O: ANNAPURNA NILAYA, VINOBHANAGAR, SHIMOGA-577201. …PETITIONERS - 3 - HC-KAR NC: 2026:KHC-D:2240 CRL.P No. 101252 of 2022 C/W CRL.P No. 101893 of 2019 (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, THROUGH PSI, SUBARBAN POLICE STATION, DHARWAD-580011. 2. SRI.GANGADHAR S/O PARASHURAM KOTIYAUR AGE: 33 YEARS, OCC: (SBI), R/O: KAMAKSHI EXTENSION, KUMARESHWARNAGAR, DHARWAD-580008. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. A.R. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.160/2018 (C.C.NO.932/2019) FOR AN OFFENCE P/U/S 109, 323, 504, 506 & 34 OF IPC (ARISING OUT OF THE PRIVATE COMPLAINT BEARING NO.314/2019) PENDING BEFORE THE PRL. CIVIL JUDGE & JMFC COURT, DHARWAD, IN THE INTEREST OF JUSTICE. THESE CRIMINAL PETITIONS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC-D:2240 CRL.P No. 101252 of 2022 C/W CRL.P No. 101893 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard the learned counsel for the petitioners, the learned High Court Government Pleader for respondent No.1, and the learned counsel for respondent No.2. 2. The petitioner in Crl.P. No.101252/2022 is absent. Petitioner – Smt. Latha in Crl.P. No. 101893/2019 – is present before the Court. 3. On behalf of the petitioner–Gangadhar, Sri A.R. Patil submits that there is no possibility of an amicable settlement and that the trial has to proceed in accordance with law. 4. Smt. Latha, however, submits that she is interested in an amicable settlement. Since Gangadhar, who is her husband, is not willing for settlement, there cannot be any unilateral settlement between the parties. 5. Accordingly, following the principles of law enunciated in State of Karnataka by Circle Inspector of - 5 - HC-KAR NC: 2026:KHC-D:2240 CRL.P No. 101252 of 2022 C/W CRL.P No. 101893 of 2019 Police Vs. Hosakeri Ningappa and another1 (Hosakeri Ningappa), the Trial Court shall examine whether the matters constitute a case and counter-case. If it is found that they are case and counter-case, the Trial Court shall try them strictly in accordance with the guidelines laid down in the said decision and dispose of the matters on their own merits. 6. With the above observations, the following: ORDER The petitions are dismissed. Sd/- (V.SRISHANANDA) JUDGE Ac CT:CMU LIST NO.: 1 SL NO.: 105 1 ILR 2012 KAR 509