Allowed¶56

Suresh S/O Prahlad Kalaburgi v. State of Karnataka

Karnataka HC8 Sept 2025CRL.P/100211/2025

Case brief

AI extract

What is this about?

Karnataka HC Dharwad (Justice S.Vishwajith Shetty), CRL.P No.100211/2025, decision 08.09.2025: entire proceedings in C.C.No.94/2024 (Crime No.30/2024, Amengad Police Station, Bagalkot) under Sections 323, 324, 498A, 504, 506 IPC and Sections 3 & 4 Dowry Prohibition Act, 1961 quashed as against accused nos.2 to 5 on amicable settlement; petition under Section 482 Cr.PC read with Section 528 BNSS, 2023 allowed; compromise petition dated 08.09.2025; related Criminal Misc. No.384/2024 at Hagaribommanahalli to be withdrawn.

What did the court decide?

Quashing of the entire proceedings in C.C.No.94/2024 pending before the Court of Senior Civil Judge & JMFC, Hungund, arising out of Crime No.30/2024 registered by Amengad Police Station, Bagalkot District, as against the petitioners (accused nos.2 to 5). ¶56

Suresh S/O Prahlad Kalaburgi Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings in C.C.No.94/2024, arising out of Crime No.30/2024 of Amengad Police Station and pending before the Court of Senior Civil Judge & JMFC, Hungund, should be quashed as against the petitioners (accused nos.2 to 5) in view of the amicable settlement reported between the parties.

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Court's answer

Considering the amicable settlement voluntarily arrived at between the parties, as reported through the compromise petition taken on record, the prayer made by the petitioners is required to be granted.

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Ratio / Principle

The petition is allowed and the entire proceedings in C.C.No.94/2024 pending before the Court of Senior Civil Judge & JMFC, Hungund, arising out of Crime No.30/2024 of Amengad Police Station, Bagalkot District, are quashed as against the petitioners (accused nos.2 to 5).

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Detailed headnote1 paragraphs

Criminal Petition No.100211 of 2025 (under Section 482 Cr.PC read with Section 528 BNSS, 2023), High Court of Karnataka, Dharwad — Accused nos.2 to 5 (family members of accused no.1/husband) in C.C.No.94/2024, arising out of Crime No.30/2024 of Amengad Police Station, Bagalkot District, for offences punishable under Sections 323, 324, 498A, 504, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, pending before the Court of Senior Civil Judge & JMFC, Hungund, sought quashing of the proceedings against them. Counsel for the petitioners and respondent no.2 jointly submitted that the matrimonial dispute had been amicably settled and that a petition under Section 359 BNSS, 2023 read with Section 320 Cr.PC reporting the settlement had been filed. A compromise petition dated 08.09.2025, signed by the parties and their advocates, was taken on record; it records respondent no.2/complainant's decision not to proceed with C.C.No.94/2024 and her agreement to withdraw Criminal Misc. No.384/2024 pending before the Civil Judge & JMFC at Hagaribommanahalli. The parties present were identified by their advocates and affirmed that the settlement was voluntary and without undue influence. Holding that the prayer was accordingly required to be granted, the learned Judge allowed the petition and quashed the entire proceedings in C.C.No.94/2024 as against the petitioners.

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NC: 2025:KHC-D:11475 CRL.P No. 100211 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100211 OF 2025 (482(CR.PC)/528(BNSS))

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BETWEEN:

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SURESH S/O PRAHLAD KALABURGI, AGE. 58 YEARS, OCC. SERVICE, R/O. SULIBHAVI, TQ. HUNGUND, DIST. BAGALKOT, PIN-587 124.

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SMT. SREEDEVI

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W/O SURESH KALABURGI, AGE. 50 YEARS, OCC. HOUSE WIFE, R/O. SULEBHAVI, TQ. HUNGUND, DIST. BAGALKOT-587 124.

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Digitally signed by RAKESH S RAKESH HARIHAR SHARIHAR Location:HIGHCOURT OF KARNATAKA DHARWAD BENCH

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SMT. BHAVANA W/O SHRAVANA DAVALAGI, AGE. 28 YEARS, OCC. HOUSE WIFE, R/O. AMINAGADA, TQ. HUNGUND, DIST. BAGALKOT, PIN-587 124.

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KUMARI SWAPNA D/O SURESH KALABURGI, AGE. 26 YEARS, OCC. EMPLOYEE, R/O. AMINAGADA, TQ. HUNGUND, DIST. BAGALKOT, PIN-587 124.

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… PETITIONERS (BY SRI. SANTOSHKUMAR G. RAMPUR, ADVOCATE)

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NC: 2025:KHC-D:11475 CRL.P No. 100211 of 2025

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HC-KAR

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AND:

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STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, (THROUGH AMINAGAD POLICE STATION, AMINAGAD-587 112).

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SMT. SAHANA W/O BHARAT KALABURGI, AGE. 26 YEARS, OCC. HOUSE WIFE, R/O. SULEBHAVI, NOW R/AT: WARD NO.2, TAMBRALLI VILLAGE, TQ. HAGARIBOMMANALLI, DIST. VIJAYANAGARA-583 224.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 I.E., AMENGAD POLICE STATION IN CONNECTION WITH C.C. NO.94/2024 (IN CRME NO.30/2024 OF AMINAGAD P.S.) BEFORE SENIOR CIVIL JUDGE AND JMFC, HUNGUND FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 498A, 504, 506 OF IPC AND UNDER SECTIONS 3, 4 OF DOWRY PROHIBITION ACT, SO FAR AS THE PETITIONERS/ACCUSED NO. 2 TO 5 ARE CONCERNED, IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:11475 CRL.P No. 100211 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.VISHWAJITH SHETTY)

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Accused nos.2 to 5 in C.C.No.94/2024 pending before the Court of Senior Civil Judge & JMFC, Hungund, arising out of Crime No.30/2024 registered by Amengad Police Station, Bagalkot District, for the offences punishable under Sections 323, 324, 498A, 504, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, are before this Court under Section 482 of Cr.PC read with Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in the aforesaid case as against them.

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Heard the learned Counsel for the parties.

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Learned Counsel for the petitioners and the learned Counsel for respondent no.2 jointly submit that the dispute between the parties has been amicably settled and accused no.1 and respondent no.2 have decided to give a quietus to all the disputes between them and live together as husband and wife in future. They submit that petition under Section 359 of BNSS, 2023, read with Section 320 of Cr.PC is filed reporting settlement

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NC: 2025:KHC-D:11475 CRL.P No. 100211 of 2025

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HC-KAR

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between the parties. They submit that charge sheet has been filed in the present case for compoundable offences, and therefore, based on the settlement reported, the impugned proceedings may be quashed against the petitioners.

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The parties who are present before the court are identified by their respective advocates. The compromise petition filed by the parties to this petition dated 08.09.2025 is taken on record. The said petition is signed by the parties and also by their respective advocates. In paragraphs 1 t o6 of the compromise petition, it is stated as under:

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“1. The petitioners and respondent no.2/complainant herein on the advice of the well wishers and elderly persons have mutually agreed to amicably settle the matter between them on the following terms and conditions:

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The respondent no.2/complainant is now residing with her husband and in-laws happily in her matrimonial home. Hence the respondent no.2/complainant decided not to proceed with the case and no objection to quash the entire proceedings pending before the Senior Civil Judge & JMFC at Hungund for the offences punishable U/Sec. 323, 324, 498A, 504, 506 of IPC and U/Sec. 3 & 4 of Dowry

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NC: 2025:KHC-D:11475 CRL.P No. 100211 of 2025

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HC-KAR

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Prohibition Act in C.C.No.94/2024 (in Crime No.30/2024 of Amingada PS.)

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The respondent no.2/complainant also agreed to withdraw the Criminal Misc. No.384/2024 filed by her against her husband which is pending before the Civil Judge & JMFC at Hagaribommanahalli.

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The respondent no.2/complainant also decided not to proceed with the case against her husband which is pending before the Senior Civil Judge & JMFC at Hungund, for the offences punishable U/Sec. 323, 324, 498A, 504, 506 of IPC and U/Sec. 3 & 4 of Dowry Prohibition Act in C.C.No.94/2024 (in Crime No.30/2024 of Amingada PS.)

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The petitioners and respondent No.2 mutually agreed to forget all the differences and disputes rose between each other and they will lead happy life with all the members of the family to uphold the basic concept of betterment family in the society.

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The complainant/respondent no.2 herein is a B.Sc., B.Ed., Graduate, as such these petitioners will not object the complainant/respondent no.2 for applying Government job or to serve in any private school.”

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The parties who are present before the court have stated that the settlement arrived between them is voluntarily without

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NC: 2025:KHC-D:11475 CRL.P No. 100211 of 2025

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HC-KAR

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there being any undue influence and they intend to give a quietus to the entire dispute and live peacefully in future.

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Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners is required to granted. Accordingly, the following order:

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Petition is allowed. The entire proceedings in

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C.C.No.94/2024 pending before the Court of Senior Civil Judge & JMFC, Hungund, arising out of Crime No.30/2024 registered by Amengad Police Station, Bagalkot District, for the offences punishable under Sections 323, 324, 498A, 504, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, are before this Court under Section 482 of Cr.PC read with Section 528 of BNSS, 2023, is quashed as against the petitioners.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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KK CT:BCK LIST NO.: 2 SL NO.: 1

Suresh S/O Prahlad Kalaburgi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Suresh S/O Prahlad Kalaburgi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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