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Smt Janaki W/O Chandrashekar Naik v. the State of Karnataka

Karnataka HC18 Nov 2025CRL.P/100009/2025

Case brief

AI extract

What is this about?

Karnataka HC (Dharwad), S. Rachaiah J., 18.11.2025: quashing of matrimonial dispute FIR (Crime No.81/2024, CC No.12789/2024, Ss.498A, 323, 504, 506 r/w 34 IPC and S.4 Dowry Prohibition Act) against husband and in-laws upon wife's memo recording settlement in MC No.379/2025, Family Court Hubli (Rs.7,00,000/- permanent alimony; mutual consent divorce); S.482 Cr.P.C./S.528 BNSS inherent powers used to record settlement and quash FIR proceedings.

What did the court decide?

Both criminal petitions allowed in terms of the settlement in MC No.379/2025; the entire proceedings in FIR in Crime No.81/2024 of respondent police (CC No.12789/2024) quashed qua accused Nos.1, 2 and 3; pending interlocutory applications disposed of in view of disposal of the main petitions. ¶56

Smt Janaki W/O Chandrashekar Naik Vs the State of… — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the complaint, FIR, charge sheet and entire criminal proceedings in C.C.No.12789/2024 (arising out of HD City Women P.S. Crime No.81/2024, for offences under Sections 498A, 323, 504, 506, 34 IPC and Section 4 of D.P. Act) should be quashed qua accused Nos.1 to 3, in view of the settlement between the parties recorded in MC No.379/2025 before the Family Court, Hubli.

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Ratio / Principle

On consideration of the memo filed by respondent No.2 recording the settlement of the matrimonial dispute, there is no embargo on the High Court to record the settlement.

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Key takeaways

Both the criminal petitions are allowed in terms of the settlement in M C No.379/2025 on the file of the I Additional Principal Judge, Family Court, Hubli.ratio¶55
The entire proceedings in FIR in Crime No.81/2024 of respondent police (HD City Women Police Station) are quashed, disposing of C.C.No.12789/2024 qua accused Nos.1 to 3.ratio¶56

Detailed headnote1 paragraphs

Criminal Petitions (S.482 Cr.P.C. / S.528 BNSS) by the husband (Accused No.1) in one petition and his mother and sister (Accused Nos.2 and 3) in the connected petition, seeking quashing of C.C.No.12789/2024 (HD City Women P.S. Crime No.81/2024) for offences under Ss.498A, 323, 504, 506 r/w 34 IPC and S.4 of the D.P. Act. On respondent No.2 (wife) filing a memo stating that the matrimonial dispute had been settled in MC No.379/2025 before the I Addl. Principal Judge, Family Court, Hubli on 29.08.2025, under which she received Rs.7,00,000/- as permanent alimony and mutual consent divorce was already decreed, and holding that there is no embargo on the Court recording such a settlement, the Court allowed both petitions and quashed the entire proceedings in FIR Crime No.81/2024.

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NC: 2025:KHC-D:15833 CRL.P No. 104151 of 2025 C/W CRL.P No. 100009 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.RACHAIAH

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CRIMINAL PETITION NO.104151 OF 2025

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(482(Cr.PC)/528(BNSS))

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C/W

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CRIMINAL PETITION NO.100009 OF 2025

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IN CRIMINAL PETITION NO.104151 OF 2025

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BETWEEN:

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SHRI. JAGADISH S/O. CHANDRASHEKAR NAIK, AGE. 33 YEARS, OCC. PRIVATE SERVICE, R/O. KALAMMA NAGAR, GURUDAS INDUSTRIES, YALLAPUR, DIST. UTTARA KANNADA-581359.

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…PETITIONER

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(BY SRI. R.H. ANGADI, ADVOCATE)

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Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA, (HD CITY WOMEN POLICE STATION, DHARWAD) R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011.

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SMT. RAJESHWARI W/O. JAGADISH NAIK, AGE. 33 YEARS, OCC. BANK EMPLOYEE, R/O. YALLAPUR, DIST. UTTAR KANNADA, PRESENTLY RESIDING AT PANCHAKSHARI NAGAR, NAVANAGAR, HUBBALLI-580 025.

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…RESPONDENTS

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2 - NC: 2025:KHC-D:15833 CRL.P No. 104151 of 2025 C/W CRL.P No. 100009 of 2025

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HC-KAR

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(BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. R.M. JAVED, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COMPLAINT, FIR, CHARGE SHEET AND ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.12789/2024, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HUBBALLI, IN CONNECTION WITH HD CITY WOMEN P.S CRIME NO.81/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506, 34 IPC AND SEC 4 OF D.P. ACT, IN SO FAR AS ACCUSED NO.1 IS CONCERNED BY ALLOWING THE PETITION TO MEET THE ENDS OF JUSTICE AND EQUITY.

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IN CRIMINAL PETITION NO.100009 OF 2025

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BETWEEN:

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SMT. JANAKI W/O. CHANDRASHEKAR NAIK, AGE. 55 YEARS, OCC. HOUSEHOLD, R/O. #1252, KALAMMA NAGAR, YALLAPUR, DIST. UTTARA KANNADA-581359.

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POOJA D/O. CHANDRASHEKAR NAIK, AGE. 26 YEARS, OCC. HOUSEHOLD, R/O. #1252, KALAMMA NAGAR, YALLAPUR, DIST. UTTARA KANNADA-581359.

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…PETITIONERS

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(BY SRI. R.H. ANGADI, ADVOCATE)

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3 - NC: 2025:KHC-D:15833 CRL.P No. 104151 of 2025 C/W CRL.P No. 100009 of 2025

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HC-KAR

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AND:

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THE STATE OF KARNATAKA, (HD CITY WOMEN POLICE STATION, DHARWAD) R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.

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SMT. RAJESHWARI W/O. JAGADISH NAIK, AGE. 33 YEARS, OCC. BANK EMPLOYEE, R/O. YALLAPUR, DIST. UTTARA KANNADA, PRESENTLY RESIDING AT PANCHAKSHARI NAGAR, H.NO.327, NAVANAGAR, HUBBALLI-580025.

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…RESPONDENTS

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(BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. R.M. JAVED, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COMPLAINT, FIR, CHARGE SHEET, ENTIRE CRIMINAL PROCEEDINGS IN CC NO.12789/2024, PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC, HUBBALLI, IN CONNECTION WITH HD CITY WOMEN P.S. CRIME NO.81/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506, 34 OF IPC AND SECTION 4 OF D.P. ACT, IN SO FAR AS ACCUSED NO.2 AND 3 ARE CONCERNED BY ALLOWING THE PETITION TO MEET THE ENDS OF JUSTICE AND EQUITY.

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THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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4 - NC: 2025:KHC-D:15833 CRL.P No. 104151 of 2025 C/W CRL.P No. 100009 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

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Sri R M Javed, learned counsel, has filed vakalat

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for respondent No.2 in both the petitions, which is taken on record.

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The learned counsels respondent No.2 filed

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memo the same is reads as under.

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“ Herein, the Respondent No.2, Smt.Rajeshwari D/o. B.H.Naik, most humbly submits that issue between her and petitioner, Jagadish Chandrashekhar Naik is settled in MC No.379/2025 on the file of I Add.Prl.Judge, Family Court, Hubli on 29.08.2025 and she has receive a sum of Rs.7,00,000/- as permanent alimony and mutual consent divorce is decreed already. Since the matter is resolved between them, the petition above challenging the proceedings in CC No.12789/2024 pending on the file of III Addl Civil Judge and JMFC, Hubli for the alleged offences punishable U/s. 498A, 323, 504, 506 R/w 34 IPC may be allowed. Hence this memo”

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