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2026 DAILYLAW 5609 (KAR)

GANGADHAR S/O PARVATAPPA DHARWAD v. THE STATE OF KARNATAKA

CRL.P/101053/2024 · 2026-02-12

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2238 CRL.P No. 101053 of 2024 C/W CRL.P No. 104120 of 2025 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. 101053 OF 2024 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 104120 OF 2025 IN CRL.P NO. 101053/2024 BETWEEN: 1. GANGADHAR S/O PARVATAPPA DHARWAD AGE. 46 YEARS, OCC. BUSINESS, R/O. SIDDAROODHA COLONY, MADIHAL, DHARWAD. 2. SMT. ARUNA W/O GANGADHAR DHARWAD AGE. 41 YEARS, OCC. HOUSEWIFE, R/O. SIDDAROODHA COLONY, MADIHAL, DHARWAD. …PETITIONERS (BY SRI. A.A. PATHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (THROUGH P.T HUBBALLI DHARWAD WOMEN POLICE STATION) BY H.C.G.P. HIGH COURT BENCH, DHARWAD HIGH COURT BUILDING, BENCH DHARWAD. 2. DIVYA W/O BASAVARAJ DHARWAD CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 15:57:18 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2238 CRL.P No. 101053 of 2024 C/W CRL.P No. 104120 of 2025 AGE. 29 YEARS, OCC. HOUSE WIFE, R/O. M.R.NAGARA HEBBALLI AGASI, DHARWAD, NOW AT GANDHI CHOWK, CENTRAL SCHOOL, NEAR HOSAYALLAPUR ROAD, DHARWAD-580004. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SUNIL KUMAR P. BANGARI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO CALL FOR RECORDS IN CC NO.1425/2023 PENDING ON THE FILE II ADDL.CIVIL JUDGE AND JMFC II, DHARWAD AND QUASH THE ENTIRE PROCEEDINGS IN CC NO.1425/2023 PENDING ON THE FILE OF THE II ND ADDL.CIVIL JUDGE AND JMFC II DHARWAD, FOR THE ALLEGED OFFENCES PUNISHABLE U/S 498A, 323, 504, 506 R/W SECTION 34 OF IPC REGISTERED BY THE HUBBALLI-DHARWAD WOMEN POLICE STATION CRIME NO.34/2023 DATED 06.05.2023 AGAINST THE ABOVE NAMED PETITIONERS. IN CRL.P NO. 104120/2025 BETWEEN: BASAVARAJ @ SHADAKSHARAPPA S/O. PARVATAPPA DHARWAD AGE. 43 YEARS, OCC. PVT. JOB, R/O. SIDDAROODHA COLONY, MADIHAL, DHARWAD-580006 ...PETITIONER (BY SRI. A.M. PATHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA - 3 - HC-KAR NC: 2026:KHC-D:2238 CRL.P No. 101053 of 2024 C/W CRL.P No. 104120 of 2025 (THROUGH P.I. HUBBALLI DHARWAD WOMEN POLICE STATION) R/BY H.C.G.P. HIGH COURT BENCH, DHARWAD HIGH COURT BUILDING, DHARWAD-580001. 2. DIVYA W/O. BASAVARAJ DHARWAD AGE. 29 YEARS, OCC. HOUSEWIFE, R/O. M. R. NAGARA HEBBALLI AGASI, DHARWAD-580001 NOW AT GANDHI CHOWK, CENTRAL SCHOOL, NEAR HOSAYALLAPUR ROAD, DHARWAD-580001. ...RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SUNIL KUMAR P. BANGARI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO CALL FOR RECORDS IN C.C NO. 1425/2023 PENDING ON THE FILE II ADDL. CIVIL JUDGE AND J.M.F.C-II DHARWAD AND QUASH THE ENTIRE PROCEEDINGS IN C.C NO. 1425/2023 PENDING ON THE FILE OF THE II ND ADDL. CIVIL JUDGE AND J.M.F.C-II DHARWAD, FOR THE ALLEGED OFFENCES PUNISHABLE U/S 498-A, 323, 504, 506 R/W SECTION 34 OF IPC REGISTERED BY THE HUBBALLI-DHARWAD WOMEN POLICE STATION CRIME NO. 34/2023 DATED 06/05/2023 AGAINST THE ABOVE NAMED PETITIONER /ACCUSED NO. 1. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC-D:2238 CRL.P No. 101053 of 2024 C/W CRL.P No. 104120 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.A. M. Shaliban, learned counsel for the petitioners, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1, and Sri. Sunil Kumar P. Bangari, learned counsel for respondent No. 2. 2. Parties are present with their respective counsel. 3. An application under Section 320 of the Criminal Procedure Code (for short, “the Cr.P.C.”), read with Section 482 Cr.P.C., has been filed, signed by the parties and their respective advocates, and is supported by the aforesaid parties. 4. On enquiry, it is noted that there is a true settlement between the parties without undue influence or coercion. 5. Considering the strained relationship between the parties, and the fact that they are willing to separate by way of a decree of divorce, for which a petition has - 5 - HC-KAR NC: 2026:KHC-D:2238 CRL.P No. 101053 of 2024 C/W CRL.P No. 104120 of 2025 already been filed, it is observed that the pending criminal proceedings would obstruct the true settlement and resolution of the dispute. 6. It is further noted that the sum of Rs.2,00,000/- by the petitioners has been received by the respondent. 7. Accordingly, the following: ORDER i. The criminal petitions are allowed. ii. Consequently, the pending criminal proceedings in C.C. No.1425/2023 pending on the file of the II Additional Civil Judge and JMFC-II, Dharwad, insofar as they relate to the settlement between the parties, are hereby quashed in both the cases. SD/- (V.SRISHANANDA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 99