Karnataka High Court
Bharath vs The State Of Karnataka And Anr on 27 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:531
CRL.P No. 201296 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.201296 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
BHARATH S/O GADIGESH ARALAGUPPI,
AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
R/O. # 39, AMMA ASHRAM ROAD,
3RD CROSS, KPSC LAYOUT,
GNANABHARATHI, II STAGE,
BENGALURU-560056.
...PETITIONER
(BY SRI R. S. LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed
by SHILPA R THROUGH THE SHO.,
TENIHALLI KALABURAGI WOMEN PS,
Location: HIGH REP. BY THE ADDL. STATE PUBLIC PROSECUTOR,
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA KALABURAGI BENCH-585102.
2. SMT. SHRUTI W/O BHARAT ARALAGUPPI,
AGE: 32 YEARS, OCC: PRIVATE SERVICE,
R/O. SIDDESHWARA COLONY,
DARGA ROAD, KALABURAGI-585102.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1;
SMT. JAISHILA G. BODALEY, ADVOCATE FOR R2)
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NC: 2025:KHC-K:531
CRL.P No. 201296 of 2024
THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC
528 OF BNSS, PRAYING TO, ALLOW THIS CRIMINAL PETITION
AND QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE
OF PROCESS DATE 09.02.2021 PASSED BY I ADDL CIVIL
JUDGE AND JMFC, COURT KALABURAGI IN CRIMINAL CASE
NO.765/2021 (ARISING OUT OF KALABURAGI WOMEN PS.
CRIME NO. 57/2020) FOR THE OFFENCES PUNISHABLE U/SEC
498A, 323, 504, 506 R/W S.34 OF IPC ALONG WITH 3 AND 4
OF DOWRY PROHIBITION ACT PENDING AGAINST HIM.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused No.1 is before this Court under Section 528
of BNSS, 2023, with a prayer to quash the entire
proceedings in C.C.No.765/2021, pending before the Court
of I Additional Civil Judge and JMFC, Kalaburagi, arising
out of Crime No.57/2020, registered by Kalaburagi Women
Police Station, Kalaburagi for the offences punishable
under Sections 498-A, 323, 504, 506 read with Section 34
of IPC and Sections 3 and 4 of Dowry Prohibition Act,
1961.
2. Heard learned counsel for the parties.
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3. Learned counsel for the petitioner and learned
counsel for respondent No.2 submit that in the
matrimonial case that was pending before the Family
Court at Kalaburagi in M.C.No.350/2023, the dispute has
been settled and respondent No.2/wife has undertaken to
withdraw the criminal case registered by her in
C.C.No.765/2021. Based on the said submission, this
Court in Criminal Petition No.200756/2022 has quashed
the impugned criminal proceedings insofar as it relates to
accused Nos.2 to 4. Submission is placed on record.
4. This Court in Criminal Petition No.200756/2022
has quashed the impugned criminal proceedings insofar as
it relates to accused Nos.2 to 4 based on the observations
made by the Court of Principal Judge, Family Court,
Kalaburagi in its judgment dated 27.04.2024 passed in
M.C.No.350/2023. Paragraph No.9 of the said judgment
reads as follows:
"It is further stated in the petition that,
it is agreed that, the petitioner No.1 shall not
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claim any maintenance from petitioner No.2
and also shall not claim any right in his
property, and she has agreed to withdraw the
case in CC 765/2021 pending before Ist Addl.
JMRFC Court, Kalaburagi and withdraw the
petition in Crl.Misc.1529/2020 pending before
2nd Addl. JMFC Court, Kalaburagi. They have
no issues due to their wedlock. So it is very
clear that, they have settled all the disputes.
Further I do not find any force, coercion or
undue influence to tile this petition. Further
they are 33 and 38 years old, so they are
having bright future if the petition is allowed
they can lead their future life as per their
whims and fancies. If the same is rejected it
prolong their mental agony. Hence, there is
ground to allow the application. Accordingly,
I answer this point is affirmative."
5. Under the circumstances, I am of the opinion
that the prayer made by the petitioner/accused No.1 for
quashing the impugned criminal proceedings needs to be
granted. Accordingly, following order is passed:
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ORDER
The criminal petition is allowed.
The entire proceedings in C.C.No.765/2021,
pending before the Court of I Additional Civil Judge
and JMFC, Kalaburagi, arising out of Crime
No.57/2020, registered by Kalaburagi Women Police
Station, Kalaburagi, for offences punishable under
Sections 498-A, 323, 504, 506 read with Section 34 of
IPC and also Sections 3 and 4 of Dowry Prohibition
Act, 1961, is quashed as against the petitioner herein.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SRT
CT:PK
