Karnataka High Court
Sharanappa S/O Mahadevappa Neelagar vs The State Of Karnataka on 15 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12048
CRL.P No. 103655 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103655 OF 2023
(482(CR.PC)/528(BNSS))
BETWEEN:
SHARANAPPA S/O MAHADEVAPPA NEELAGAR,
AGE. 36 YEARS, OCC. SERVICE,
R/O. BADAMI CHALUKYA NAGAR,
NOW AT: BELUR, TQ. BADAMI,
TQ. BADAMI, DIST. BAGALKOT-587 201,
KARNATAKA.
... PETITIONER
(BY SMT. NIRMALA B.G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH BADAMI POLICE STATION,
BAGALKOT, REP. BY S.P.P.,
HIGH COURT OF KARNATAKA,
DHARWAD, BENCH AT DHARWAD-580 011.
2. RESHMA @ RAJIYABANU
W/O SHARANAPPA NEELGAR,
AGE. 25 YEARS, OCC. HOUSEHOLD,
Digitally
signed by
R/O. CHALUKYA NAGAR, TQ. BADAMI,
RAKESH S
RAKESH HARIHAR
S Location:
HIGH
DIST. BAGALKOT-587 201.
HARIHAR COURT OF
KARNATAKA
DHARWAD
... RESPONDENTS
BENCH
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. M.H. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO ALLOW THE PETITION AND QUASH THE
COMPLAINT AND FIR IN CRIME NO.128/2023 DATED 24.08.2023
REGISTERED BY BADAMI POLICE STATION AND C.C.NO.726/2024 AND
CHARGE SHEET, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498A 323, AND 504 OF IPC, PENDING ON THE FILE OF PRINCIPAL
CIVIL JUDGE AND JMFC BADAMI, BAGALKOT AND ALL OTHER
FURTHER PROCEEDINGS PURSUANT TO THEREIN IN RESPECT OF THE
PETITIONER/ACCUSED, IN THE INTEREST OF JUSTICE.
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NC: 2025:KHC-D:12048
CRL.P No. 103655 of 2023
HC-KAR
THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Petitioner is before this Court with a prayer to quash the
entire proceedings in Crime No.128/2023 registered by Badami
Police Station, Bagalkot, for offences punishable under Sections
323, 498A and 504 of IPC, which is pending on the file of the
Principal Civil Judge and JMFC, Badami, Bagalkot, as against him.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioner and learned counsel for
respondent No.2 submit that the dispute between the parties,
who are husband and wife, has been settled amicably at the
intervention of elders of both the parties. The said settlement
has been reported in MC No.1/2025, which was pending before
the Court of Principal District and Sessions Judge, Bagalkot and
based on the settlement reported, the marriage between the
parties has been dissolved by a decree passed in MC No.1/2025
on 18.08.2025. Accordingly, they pray to allow the petition.
4. The submissions made on both sides is placed on record.
NC: 2025:KHC-D:12048
HC-KAR
5. The parties, who are present before the Court are identified
by their respective Advocates. The parties have stated that
settlement between the parties is voluntary, without there being
any undue influence or coercion.
6. The joint memo filed by the parties reporting settlement is
taken on record. The same is signed by the parties and also by
their respective Advocates. The joint memo is supported by the
affidavit of the parties. Along with joint memo, the judgment
passed in MC No.1/2025 by the Court of the Principal District and
Sessions Judge, Bagalkote, under which the marriage of the
parties has been dissolved is also produced. In paragraph No.6
of the joint memo, it is stated as follows:-
"6. The Petitioner and Respondent no.2 to mitigate
the dispute between them have arrived at settlement
and compromise between them and they have filed a
mutual consent Divorce Petition M.C No.1/2025 under
Section 28 of Special Marriage Act, 1954 before the
Court of Prl. District and Sessions Judge Court,
Bagalkot and the said petition was allowed on
18.08.2025 and in view of the settlement between
the Petitioner and the Respondent No.2, the
Respondent No.2 has agreed to quash all the
NC: 2025:KHC-D:12048
HC-KAR
proceedings in respect of C.C.No.726/2024 (Crime
No.128/2023) pending on the file of Prl. Civil Judge &
JMFC, Badami by allowing the present petition."
7. In view of the settlement arrived between the parties, their
marriage has been dissolved by a decree of mutual consent
passed in MC No.1/2025 on 18.08.2025 by the Court of Principal
District and Sessions Judge, Bagalkote. Charge sheet has been
filed for compoundable offences. Therefore, I am of the opinion
that the prayer made in the petition needs to be granted to do
complete justice to both the parties. Accordingly, following
order:-
8. The Criminal Petition is allowed. The entire proceedings in
Crime No.128/2023 registered by Badami Police Station,
Bagalkot, for offences punishable under Sections 323, 498A and
504 of IPC, pending on the file of the Principal Civil Judge and
JMFC, Badami, Bagalkot, is hereby quashed as against the
petitioner herein.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN
