S Sandeep Naidu Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

S Sandeep Naidu Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed in terms of the parties' compromise; application I.A.No.1/2025 allowed; FIR and complaint in Crime No.67/2021 of Hosapete Rural Police Station (criminal case C.C.No.73/2022 per the application), pending before the II Additional Civil Judge (Jr.Dn.) and JMFC Court, Hosapete and registered against petitioners/accused Nos.1-6, quashed.

Issue for consideration

Whether the criminal petition seeking quashing of the FIR and complaint in Crime No.67/2021 (and the criminal case C.C.No.73/2022) against petitioners Nos.1-6 should be allowed in terms of the joint compromise application I.A.No.1/2025 filed by Petitioner No.1 and Respondent No.2.

Court's answer

The contents of the joint application I.A.No.1/2025 were read over and explained to the parties, who admitted them as true and correct.

Ratio / Principle

Considering the averments of the joint application and the submission of the learned counsel for the respective parties, the Court found the compromise lawful and appropriate to allow the said application.

Key takeaways

The application I.A.No.1/2025 (joint settlement application under Section 528 read with Section 359 of the new Sanhita) is allowed.ratio¶¶70-71
Consequently, the criminal petition is allowed in terms of the compromise arrived between the parties.ratio¶¶72-73
The FIR and complaint in Crime No.67/2021 (Sections 109, 323, 498A, 504, 506 r/w Section 149 IPC; Sections 3 and 4 Dowry Prohibition Act, 1961), pending before the II Additional Civil Judge (Jr.Dn.) and JMFC Court, Hosapete, registered against the petitioners/accused Nos.1 to 6, is quashed.ratio

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad (S.RACHAIAH, J.), Criminal Petition No.100296 of 2022 (u/S 482 CrPC; NC: 2025:KHC-D:15541), decided 13.11.2025: On a joint application I.A.No.1/2025 (u/S 528 r/w S.359 of the new Sanhita) moved by Petitioner No.1 (husband) and Respondent No.2 (wife/complainant), the Court recorded that the parties admitted the application's contents as true and correct. Per the application, at the intervention of elders the parties agreed to dissolve their marriage by mutual consent (M.C. No.124/2025 u/S 13B Hindu Marriage Act, filed 17/10/2025 before the Additional Senior Civil Judge and JMFC Court, Hosapete); Respondent No.2 agreed to withdraw all allegations made on misconception and consented to compounding/quashing; and permanent alimony of Rs.11,93,000/- was agreed (Rs.6,00,000/- already paid vide D.D. No.032488 dated 29/09/2025 of IDFC First Bank Ballary; balance Rs.5,93,000/- payable at the evidence stage of M.C. No.124/2025). Finding the compromise lawful and appropriate, the Court allowed the application and the petition, and quashed the FIR and complaint in Crime No.67/2021 of Hosapete Rural Police Station (Ss.109, 323, 498A, 504, 506 r/w S.149 IPC; Ss.3 & 4 Dowry Prohibition Act, 1961) pending before the II Additional Civil Judge (Jr.Dn.) & JMFC Court, Hosapete, registered against petitioners/accused Nos.1 to 6.

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NC: 2025:KHC-D:15541 CRL.P No. 100296 of 2022

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IN THE HIGH COURT OF KARNATAKA

AT DHARWAD

DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO.100296 OF 2022

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

BETWEEN:

S. SANDEEP NAIDU

S/O. S. ASHOK KUMAR NAIDU, AGE. 32 YEARS, OCC. ENGINEER, JSW, TORANAGALLU, R/O. H.NO.46/1, 19^TH WARD, VASUNDARA NILAYA, BEHIND MSR HOSPITAL, MAIN ROAD, SATHYANARAYANAPETE, BALLARI-583101.

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

S. ASHOK KUMAR NAIDU S/O. VASUDEV NAIDU, AGE. 60 YEARS, OCC. NIL, R/O. H.NO.46/1, 19^TH WARD, VASUNDARA NILAYA, BEHIND MSR HOSPITAL, MAIN ROAD, SATHYANARAYANAPETE, BALLARI-583101.

SMT. VASUNDARA NAIDU W/O. S. ASHOK KUMAR NAIDU, AGE. 55 YEARS, OCC. HOUSE WIFE, R/O. H.NO.46/1, 19^TH WARD, VASUNDARA NILAYA,

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BEHIND MSR HOSPITAL, MAIN ROAD, SATHYANARAYANAPETE, BALLARI-583101.

S. SREENIVAS NAIDU S/O. S. ASHOK KUMAR NAIDU, AGE. 30 YEARS, OCC. SUPERVISOR, HOUSE KEEPING IN TCFM, BENGALURU PERMANENT R/O. H.NO.46/1, 19^TH WARD, VASUNDARA NILAYA BEHIND MSR HOSPITAL, MAIN ROAD, SATHYANARAYANAPETE, BALLARI NOW R/AT C/O TECHNIQUE CONTROL FACILITY MANAGEMENT PRIVATE LTD., 7^TH FLOOR, N1 BLOCK, MANYATHA EMBASSY BUSINESS PARK, NAGAWARA, BENGALURU-560045.

RAJAKUMAR NAIDU S/O. VASUDEV NAIDU, AGE. 62 YEARS, OCC. NIL, R/O. H.NO.46, 18^TH WARD, OPPOSITE TO SATHYANARAYANA TEMPLE, SATHYANARAYANAPETE, BALLARI-583101.

SMT. REVATHI NAIDU W/O. RAJAKUMAR NAIDU, AGE. 57 YEARS, OCC. HOUSE WIFE, R/O. H.NO.46, 18^TH WARD, OPPOSITE TO SATHYANARAYANA TEMPLE, SATHYANARAYANAPETE, BALLARI-583101.

…PETITIONERS

(BY KUM. RESHMA MADIWALAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY INSPECTOR OF POLICE, RURAL POLICE STATION, HOSAPETE, DIST. VIJAYANAGAR, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, DHARWAD-583201.

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NC: 2025:KHC-D:15541 CRL.P No. 100296 of 2022

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SMT. S. SANDHYA W/O. S. SANDEEP NAIDU, D/O. P. HONNURAPPA, AGE. 30 YEARS, OCC. HOUSEWIFE, R/O. NEAR VIDYACHETAN SCHOOL, RAJAJINAGAR, 9^TH WARD, HOSAPETE, DIST. VIJAYANAGAR-583201.

…RESPONDENTS (BY SRI JAIRAM SIDDI, HIGH COURT GOVERNMENT PLEADER FOR R1; SRI B.G.INDI AND SRI K.L. PATIL, ADVOCATES FOR R2.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.67/2021 FOR OFFENCES PUNISHABLE UNDER SECTIONS 109, 323, 498(A), 504 AND 506 OF IPC READ WITH SECTION 149 OF IPC, AND UNDER SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, PENDING ON THE FILE OF THE RURAL POLICE STATION, HOSAPETE AND NOW PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, AT HOSAPETE, INSOFAR AS THE PETITIONERS ARE CONCERNED AND ETC.,.

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

ORAL ORDER

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

Both the parties along with their respective counsel

are present before the Court.

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The learned counsels for respective parties have

filed application I.A.No.1/2025 under Section 528 read with section 359 of Bharatiya Nyaya Sanhita, 2023. The contents of the application are read over and explained to the parties. They admit the same as true and correct.

The averments of the said application are extracted as under:

“ APPLICATION UNDER SECTION 528 R/W. SECTION 359 OF BHARATIYA NAGRIK SURAKSHA SANHITA

The Petitioner No.1 and the Respondent No.2, respectfully submit as under:

1. The above criminal petition is filed by the petitioners seeking for quashing of the complaint & FIR dated: 21/01/2022 in Crime No. 67/2021 of Hosapete Rural Police Station registered for the offences punishable U/s. 498(A), 109, 323, 504, 506, R/w. Section 149 of IPC and Section 3 & 4 of Dowry Prohibition Act, and consequently set aside the criminal case initiated against them in C.C.No.73/2022 pending before the learned II Addl. Civil Judge & JMFC Court Hosapete based on the complaint lodged by the Respondent No. 2 herein.

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2. The averments made in the main petition may be read as part and parcel of this joint application to avoid repetition.

3. It is submitted that, at the intervention of elders and the parents of both the parties and well wishers, the Petitioner No.1 and Respondent No.2 herein have decided to get dissolved their marriage by way of mutual consent by obtaining decree of divorce from competent court of law and filed a petition under Section 13B of the Hindu Marriage Act, in M.C. No.124/2025 pending before the Additional Senior Civil Judge and JMFC Court, Hosapete on 17/10/2025 and withdraw their marriage solemnised on 24/11/2025 as per the terms and conditions mentioned in M.C.No.124/2025. 4. In the view of the same development, the Respondent No. 2 herein ready to withdraw all the allegations made against all the Petitioners herein and has no objection in allowing above Criminal Petition by quashing the Complaint & FIR dated: 21/01/2022 in Crime No. 67/2021 of Hosapete Rural Police Station registered for the offences punishable U/s. 498(A), 109, 323, 504, 506, R/w. Section 149 of IPC and Section 3 & 4 of Dowry Prohibition Act, and consequently quashing the criminal case initiated against them in C.C.No.73/2022 pending before the Learned II Addl. Civil Judge & JMFC Court, Hosapete.

5. At the intervention of elders and to keep harmony in the society both the parties agreed to amicably settle the dispute between them as per the following terms.

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i. That, the Respondent No.2/ Complainant agrees to withdraw the allegations made in the complaint which was lodged by her on misconception against the Petitioners/Accused No.1 to 6.

ii. The Respondent No.2 has agreed to receive amount of Rs.11,93,000/- as permanent alimony from the Petitioner No.1 and the Petitioner No.1 has agreed to pay the same.

iii. The Respondent No. 2 confirms that, she has already accepted Rs.6,00,000/- by way D.D. drawn from IDFC First Bank Ballary bearing D.D. No.032488 dated 29/09/2025 from the Petitioner No.1. And the Remaining amount of Rs.5,93,000/- shall be paid by the Petitioner No.1 to the Respondent No.2 at the time of deposing the evidence in the M.C. No.124/2025 on the file of learned Addl. Senior Civil Judge & JMFC Court, Hospate.

iv. The Respondent No.2 has no objection to compound, allow the present petition and to quash the Criminal Petition by quashing the Complaint & FIR dated: 21/01/2022 in Crime No. 67/2021 of Hosapete Rural Police Station registered for the offences punishable U/s. 498(A), 109, 323, 504, 506, R/w. Section 149 of IPC and Section 3 & 4 of Dowry

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Prohibition Act, and consequently quashing the criminal case.

6. It is now submitted that as the petitioner no.1 and respondent no.2 have entered into the above mutual settlement and are filing their respective affidavit along with this application without any coercion and undue influence.

WHEREFORE, it is most respectfully prayed that this Hon'ble Court be pleased to allow this application, in the interest of justice and equity.”

Considering the said averments and also the

submission of the learned counsel for the respective parties,

the compromise is lawful and it is appropriate to allow the said application. Hence, I proceed to pass the following:

ORDER

i) The application I.A.No.1/2025 is

allowed.

ii) Consequently, the petition is allowed

in terms of the compromise arrived between the parties.

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iii) The FIR and complaint in Crime No.67/2021 registered for the offences punishable under Sections 109, 323, 498A, 504, 506 read with Section 149 of IPC and under Section 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of II Additional Civil Judge (Jr.Dn.) and JMFC Court, Hosapete, registered against the petitioners / accused

Nos.1 to 6, is hereby quashed.

Sd/(S.RACHAIAH) JUDGE

MRK CT: UMD List No.: 1 Sl No.: 78