[Cites 12, Cited by 0]
Karnataka High Court
Veerbhadra vs State Of Karnataka on 10 March, 2026
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NC: 2026:KHC-K:2259
CRL.P No. 200339 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200339 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. VEERBHADRA S/O SHANKAR MAHOOR
AGE: 28 YEARS,
OCC: KIRANAMERCHANT
R/O KAKKALMELI
TQ: SINDAGI, DIST: VIJAYAPUR-586128
2. SMT.PARVATI D/O MALLANNA MANGNUR
W/O VEERBHADRAMAHOOR
AGE: 23 YEARS, OCC: HOUSEHOLD
R/O KAKKALMELI, TQ: SINDAGI
DIST: VIJAYAPUR-586128
Digitally signed by
SHIVALEELA 3. SRI MRTUNJAY S/O SHARANAPPA
DATTATRAYA
UDAGI AGE: 40 YEARS, OCC: AGRICULTURE
Location: HIGH R/O MUDBAL, TQ: SHAHAPUR
COURT OF
KARNATAKA DIST: YADGIRI-585223
4. SMT. VIJAYALAXMI W/O MRTUNJAY
AGE: 38 YEARS, OCC: AGRICULTURE
R/O MUDBAL, TQ: SHAHAPUR
DIST: YADGIRI-585223
5. SMT. VAISHALI W/O VISHWANATH
AGE: 35 YEARS, OCC: HOUSEHOLD
R/O KAKKALMELI, TQ: SINDAGI
DIST: VIJAYAPUR-586128
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CRL.P No. 200339 of 2026
HC-KAR
6. SRI MALLIKARJUN S/O SHANKAR MAHUR,
AGE: 21 YEARS, OCC: AGRICULTURE
R/O KAKKALMELI, TQ: SINDAGI
DIST: VIJAYAPUR-586128
7. SMT. REKHA W/O VITTAL
AGE: 22 YEARS, OCC: HOUSEHOLD
R/O NANDAGIRI, TQ: SINDAGI
DIST: VIJAYAPUR-586128
8. SMT. MINAKSHI W/O SHASHIKANTH,
AGE: 25 YEARS, OCC: AGRICULTURE
R/O CHINCHOLI
DIST: KALABURAGI-585301
9. SMT. SHANTABAI W/O MANTESHSAMJAL,
AGE: 24 YEARS, OCC: AGRICULTURE
R/O BALURGI, TQ: AFZALPUR
DIST: KALABURAGI-585301
...PETITIONERS
(BY SRI. AMEET JAYANTHKUMAR HATTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH JEWARGI POLICE STATION
JEWARGI, KALABURAGI
REPRESENTED BY ADD. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
2. SMT. REKHA @ ANUSHREE
W/O VEERBHADRA
D/O SHARANAPPA, AGE: 25 YEARS
OCC: HOUSEHOLD, R/O: KAKKALMELI
NOW AT ANDOLA VILLAGE
TQ: JEWARGI, DIST: KALABURAGI-585310
...RESPONDENTS
(BY SRI.GOPALKRISHNA B. YADAV, HCGP FOR R1;
SRI. B. BHIMASHANKAR AND
SRI. PRADEEP KUMAR ADVS, FOR R2)
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NC: 2026:KHC-K:2259
CRL.P No. 200339 of 2026
HC-KAR
THIS CRL. P IS FILED U/SEC. 482 OF CR.P.C (OLD)
U/SEC. 528 OF BNSS (NEW) PRAYING TO ALLOW THIS
PETITION AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS
IN C.C.NO.945/2020 ARISING OUT OF P.C.R.NO.1/2019 AND
P.C. NO.15/2018, INCLUDING THE PRIVATE COMPLAINT DATED
30.06.2018, THE ORDER DATED 23.10.2020 TAKING
COGNIZANCE UNDER SECTION 204 OF CR.P.C., AND ALL
SUBSEQUENT PROCEEDINGS THERETO, FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS 323, 498(A), 494,
AND 506 READ WITH 149 OF IPC, THE CERTIFIED COPY OF
THE ORDER SHEET IS AT ANNEXURE-E AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
This criminal petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the
entire criminal proceedings against the petitioners/accused
Nos.1 to 7, 9 and 10 in C.C.No.945/2020 arising out of
P.C.R.No.1/2019 and P.C.No.15/2018 including the private
complaint dated 30.06.2018, the order dated 23.10.2020
taking cognizance under Section 204 of Cr.P.C., and all
subsequent proceedings thereto for the alleged offences
punishable under Sections 323, 498(A), 494 and 506 r/w
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HC-KAR
149 of IPC, presently pending on the file of the Senior Civil
Judge & JMFC, Jewargi.
2. Since the compromise petition is filed by both
the parties, office objections are over ruled.
3. The petitioners/accused Nos.1 to 7, 9 and 10 so
also respondent No.2 along with their counsel are present
before the Court. Learned High Court Government Pleader
appearing for respondent-State is also present.
4. Learned counsel appearing for the petitioners
and respondent No.2 filed memorandum of application
under Section 359(2) of Bharatiya Nyaya Sanhita, 2023,
along with joint memo seeking permission to compound
the offences and to quash the proceedings. The joint
memo reads as follows:
"That the Petitioners and Respondent No.2
most respectfully submit as follows:
1. That the Petitioners are the accused in
C.C.No.945/2020 pending on the file of the
Hon'ble Senior Civil Judge and JMFC, Jewargi,
arising out of P.C.R.No.1/2019 and
P.C.No.15/2018, for the offences punishable
under Sections 323, 498(A), 494, and 506 read
with 149 of IPC, registered on the private
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HC-KAR
complaint filed by Respondent No.2
on30.06.2018.
2. That the Petitioners and the
Complainant/Respondent No. 2 have amicably
resolved their differences and have entered into
a lawful compromise voluntarily and out of free
will, without any force, threat, coercion,
inducement, from any quarters.
3. That the alleged incident arose out of
matrimonial disputes and personal differences
within the family, which have now been amicably
settled between the parties. Both parties have
realized that continued litigation would serve no
useful purpose and would only prolong their
suffering and mental agony.
4. That the complainant/RespondentNo.2
and Petitioner No.1 were married on 22.04.2016,
and the marital relationship encountered
difficulties due to misunderstandings,
miscommunication, and allegations that have
now been mutually resolved. That the marriage
between the Petitioner No. 1 and respondent No.
2 is dissolved by a grant of decree of divorce
vide order dated 4/11/2025 passed by the ADDL.
Senior Civil Judge and JMFC, Sindagi on the file
of M.C. No. 15/2024 and in the said case
petitioner paid alimony of Rs.10,00,000/-
through Cheque No. 023757 and DD No. 300316
along with all the gold ornaments. Both parties
have agreed to move forward with their lives
without any grievance against each other.
5. That the parties belong to the same
social circle and continued litigation would
disturb the peace and harmony of the families
and the community. The Complainant/
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Respondent No.2 has no objection to quashing
the proceedings and has willingly joined in this
memo to bring closure to the matter.
6. That the offences under Sections 323
and 506 of IPC are compoundable with the
permission of the Court under Section 320 of
Cr.P.C./Section 359 of BNSS,2023. Although the
offence under Section498(A) IPC is non
compoundable, the Hon'ble Supreme Court in
GianSingh v. State of Punjab (2012)10 SCC 303]
and Narinder Singh v. State of Punjab [(2014)6
SCC466] has held that the High Court, in
exercise of its inherent powers under Section
482 Cr.P.C./Section 528 of BNSS),can quash
proceedings arising out of matrimonial disputes
where the parties have genuinely settled their
differences and continuation of proceedings
would amount to abuse of process of law.
7. That the allegation under Section 494
IPC is also a matter that has been clarified and
mutually resolved between the parties. The
complainant has withdrawn her grievance and
acknowledges that the continuation of criminal
proceedings would not serve any purpose.
8. That continuation of the criminal
proceedings would serve no useful purpose and
would amount to abuse of process of law,
especially when the alleged victim herself seeks
quashing and has forgiven the accused. The
prosecution of the case would only result in
unnecessary harassment and mental trauma to
all parties involved.
9. That the Petitioners and the Complainant
are young individuals who wish to lead peaceful
lives without the burden of prolonged litigation.
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Continued prosecution would adversely affect
their future prospects, social standing, and
mental well-being. In the interest of justice,
rehabilitation, and social harmony, this Hon'ble
Court may be pleased to accept the joint
compromise and quash the proceedings.
10. That both parties undertake that they
shall not file any further complaints or initiate
any legal proceedings against each other with
respect to the same subject matter and shall live
peacefully hereafter.
11. That the present settlement is bonafide,
genuine, and in the interest of justice, and does
not defeat any public interest. Both parties have
arrived at this settlement after due consideration
and with full understanding of the legal
consequences.
Hence this joint memo."
5. The parties to the proceedings are present
before the Court and they have affixed their signatures on
the joint memo by agreeing the terms and conditions
mentioned in the joint memo. The contents of the joint
memo is read over and explained to the parties in
Kannada language.
6. This Court satisfies that both the parties have
voluntarily filed this joint memo without any coercion,
undue influence, fraud or misrepresentation which appears
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HC-KAR
to be lawful. Hence, the petitioners and respondent No.2
are permitted to compound the offences. Consequently,
the proceedings against the petitioners/accused Nos.1 to
7, 9 and 10 is liable to be quashed, since the continuation
of proceedings is nothing but abuse of process of Court.
Accordingly, I proceed to pass the following;
ORDER
(a) The petition is allowed.
(b) The entire criminal proceedings against the
petitioners/accused Nos.1 to 7, 9 and 10 in
C.C.No.945/2020 arising out of
P.C.R.No.1/2019 and P.C.No.15/2018 including
the private complaint dated 30.06.2018, the
order dated 23.10.2020 taking cognizance
under Section 204 of Cr.P.C., and all
subsequent proceedings thereto for the alleged
offences punishable under Sections 323,
498(A), 494 and 506 r/w 149 of IPC, presently
pending on the file of the Senior Civil Judge &
JMFC, Jewargi, is hereby quashed.
Sd/-
(G BASAVARAJA)
JUDGE
MSR
List No.: 1 Sl No.: 3
CT-BH
