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2026 DAILYLAW 5821 (KAR)

SHREYAS SO. SHEKHARAPPA BALEGAR v. THE STATE OF KARNATAKA

CRL.P/101801/2021 · 2026-02-16

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2318 CRL.P No. 101801 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101801 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHREYAS S/O. SHEKHARAPPA BALEGAR AGE. 59 YEARS, OCC. ENGINEER R/O. WARD NO.2, GULDAGUDDA TQ. BAGALKOT DIST. 587203. 2. SHEKHARAPPA S/O. CHANNAPPA BALEGAR AGE. 69 YEARS, OCC. BUSINESSMAN R/O. GULDAGUUDA TQ. BAGALKOT DIST. 587203. 3. CHANNAVAA BASAPPA MASTER W/O. BASAPPA SHARANAPPA MASTER AGE. 38 YEARS, OCC. HOUSEWIFE GULDAGUUDA TQ, BAGALKOT DIST. 587203. CORECT ADDRESS OF P.3 R/O. NO.92 MAIN ROAD, JUMLAPUR, TQ. KUSHTAGI DIST. KOPPAL-583278. 4. AYYAPPA S/O. SHEKHARAPPA BALEGAR AGE. 30 YEARS, OCC. ENGINEER TQ. GULEDAGUDDA, DIST. BAGALKOT-587203. …PETITIONERS (BY SRI. J. BASAVARAJ, ADVOCATE) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 15:36:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2318 CRL.P No. 101801 of 2021 AND: 1. THE STATE OF KARNATAKA (GULEDAGUUDA POLICE STATION, BAGALKOT) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH AT DHARWAD-580011. 2. SMT. REKHA W/O. SHREYAS AGE. 28 YEARS, OCC. HOUSEWIFE TQ. GULEDAGUDDA TQ. DIST. BAGALKOT-587203 …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. VIJAY S. CHINIWAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE COMPLAINT IN FIR NO.68/2020 (GULEDAGUDDA POLICE STATION), THE CHARGE SHEET AND ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 18.06.2021 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, BAGALKOT SITTING AT GULEDAGUDDA IN CC NO.495/2021 AGAINST THE PETITIONERS FOR THE OFFENCE U/S 498A, 323, 504, 506, R/W 34 OF IPC AND U/S 3, 4 OF D.P. ACT AND ALL FURTHER PROCEEDINGS PURSUANT THERETO IN SO FAR AS PETITIONERS ARE CONCERNED, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:2318 CRL.P No. 101801 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Learned counsel for the petitioners has filed a memo stating that the petitioner No.2 is no more. 2. In view of the memo, the petition insofar as petitioner No.2 is dismissed as abated. 3. Remaining parties are present before this Court. 4. Respondent No.2 is the wife/complainant, is now residing with the husband by joining the matrimonial home. 5. An application under Section 359 Bharatiya Nyaya Suraksha Sanhita, 2023 read with Section 320 of Code of Criminal Procedure, 1973 is filed and signed by the parties and their respective counsel. 6. An affidavit of respondent No.2-wife is accompanied with the said application. 7. On enquiry, the parties submit that there is a true settlement and respondent No.2 does not want to proceed with the case further. - 4 - HC-KAR NC: 2026:KHC-D:2318 CRL.P No. 101801 of 2021 8. Learned counsel Sri. Vijay S. Chiniwar has identified respondent No.2 and has also signed the application. 9. Taking note of true settlement arrived among the parties, continuation of the criminal case is no longer necessary following the dictum of the Hon’ble Apex Court in the case of Ramgopal Vs. State of Madhya Pradesh1. 10. Moreover, lis is privy to the parties and has no serious social impact. 11. Accordingly, the following: ORDER (i) Placing the memo on record, petition insofar as petitioner No.2 is dismissed as abated. (ii) Though the offences are non- bailable, the application filed by the parties is allowed by exercising the powers vested in this Court. 1 2021 SCC Online SC 834 - 5 - HC-KAR NC: 2026:KHC-D:2318 CRL.P No. 101801 of 2021 (iii) Consequently, the petition is allowed. (iv) Pending proceedings in C.C.No.495/2021 arising out of FIR No.68/2020 of Guledagudda Police Station, is hereby quashed insofar as petitioner Nos.1, 3 and 4 are concerned. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 29