Kiran S/O Dhyaneshwar Kudalkar Vs the State of Karnataka

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NC: 2025:KHC-D:12045 CRL.P No. 101006 of 2024 C/W CRL.P No. 101304 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15^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. 101006 OF 2024 C/W

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CRIMINAL PETITION NO. 101304 OF 2024 (482(CR.PC)/528(BNSS))

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IN CRL.P. NO.101006 OF 2024: BETWEEN:

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DHYANESHWAR S/O. PURUSHOTHAM KUDALKAR, AGE. 71 YEARS, OCC. UNEMPLOYED, R/O. DABOLIYAM VASCO GOA, KODIBAG, KARWAR, DIST. UTTARA KANNADA-581 301.

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SMT. GETHA W/O. DHYANESHWAR KUDALKAR, AGE. 60 YEARS, OCC. HOUSE WIFE, R/O. DABOLIYAM VASCO GOA, KODIBAG, KARWAR, DIST. UTTARA KANNADA-581 301.

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… PETITIONERS

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(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

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AND:

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

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THE STATE OF KARNATAKA, THROUGH KARWAR WOMEN POLICE STATION, TQ. KARWAR, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 001.

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BHAGYASHRI W/O. KIRAN KUDALKAR, AGE. 27 YEARS, OCC. HOUSE WIFE, R/O. NEAR SHIVAJI HIGH SCHOOL, BADA NANDANGADA, KARWAR-581 301.

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… RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SMT. SHRMILA M. PATIL, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT AGAINST

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NC: 2025:KHC-D:12045 CRL.P No. 101006 of 2024 C/W CRL.P No. 101304 of 2024

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HC-KAR

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ACCUSED NO.1 AND 2 REGISTERED IN WOMEN POLICE STATION KARWAR IN CRIME NO.06/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 506 R/W 34 OF IPC, PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AND CJM, KARWAR, UTTARA KANNADA, IN THE ENDS OF JUSTICE.

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IN CRL.P. NO.101304 OF 2024: BETWEEN:

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KIRAN S/O DHYANESHWAR KUDALKAR, AGE. 37 YEARS, OCC. DOCTOR, R/O. H.NO.7/6 FF1 FATIMA COLONY, DABOLIM VASCO GOA.

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… PETITIONER

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(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH KARWAR WOMEN POLICE STATION, TQ. KARWAR, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 001.

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BHAGYASHRI W/O. KIRAN KUDALKAR, AGE. 27 YEARS, OCC. HOUSE WIFE, R/O. NEAR SHIVAJI HIGH SCHOOL, BADA NANDANGADA, KARWAR-581 301.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SMT. NIRMALA B.G., ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT AGAINST ACCUSED NO.1 REGISTERED IN WOMEN POLICE STATION KARWAR IN CRIME NO.06/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 506 R/W 34 OF IPC, PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AND CJM, KARWAR, UTTARA KANNADA, IN THE ENDS OF JUSTICE.

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THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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3 - NC: 2025:KHC-D:12045 CRL.P No. 101006 of 2024 C/W CRL.P No. 101304 of 2024

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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.1 to 3 in Crime No.6/2024 registered by UK Women Police Station, Uttara Kannada District, for offences punishable under Sections 498A, 504, 506 read with Section 34 of IPC, are before this Court in these two petitions, 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 learned counsel for respondent No.2 jointly submit that dispute between the parties has been amicably settled before Mediation Centre and the said settlement was reported in MC No.21/2025 pending before the Court of Principal Senior Civil Judge and CJM, Karwar, and consequently, the marriage between the parties has been already dissolved and amount of Rs.5,00,000/- is paid to respondent No.2 towards permanent alimony in the said proceedings. They submit that in view of the settlement arrived between the parties, the impugned criminal proceedings can be quashed.

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4 - NC: 2025:KHC-D:12045 CRL.P No. 101006 of 2024 C/W CRL.P No. 101304 of 2024

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HC-KAR

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The parties, who are present before the Court in-person are identified by their respective Advocates. The parties have stated before the Court that settlement arrived between them is voluntary without there being any undue influence and coercion.

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The Compromise Petition filed before this Court under Section 482 of Cr.P.C. is taken on record. The same is signed by the parties and also by their respective Advocates. In paragraph No.2 of the said application, it is stated as follows:-

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“2. During the pendency of the top noted Criminal Petition, due to intervention of elders, the Accused No.1, Petitioner No.1 and 2 and the Respondent No.2 have arrived at a settlement and had filed petition under Section 13(B) of Hindu Marriage Act for dissolution of the marriage by mutual consent before the Prl. Senior Civil Judge and CJM Court Karwar in M.C.No.21/2025 as per the following terms:-

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(i) The Accused No.1 has given Rs.5,00,000/- to the respondent No.2 as Permanent alimony and the said amount is paid through Demand Draft bearing No.213795 dated 04.03.2025 drawn on Canara Bank Vasco-Da-Gama branch Goa in the name of respondent No.1.

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(ii) The respondent No.2 will not claim any future maintenance against accused No.1 and respondent No.2 is in possession of her own belongings and likewise the accused No.1 and each have got their own separate

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NC: 2025:KHC-D:12045 CRL.P No. 101006 of 2024 C/W CRL.P No. 101304 of 2024

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HC-KAR

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belongings in their custody and no amount or any property movable or immovable is due or payable between them.

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(iii) The respondent No.2 and accused No.1 declare that they do not have and claim, right, interest against each other in respect of either movable or immovable properties.

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(iv) The respondent No.2 undertakes to withdraw both the complaint before the police and petition before the court immediately and accused No.1 affirms that he has not filed any petition/complaint against the respondent No.2.

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(v) The respondent No.2 and accused No.1 agree and undertake that they will not interfere in each other's personal life and the respondent No.2 and accused No.1 are at liberty to get married after passing of the decree for divorce.

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Based on the settlement arrived between the parties the petition seeking mutual divorce was allowed and the marriage solemnized between respondent No.2 and accused No.1 on 12.06.2023 at Mahasati Kalyan Mantapa, Kajubhag, Karwar, is hereby dissolved by way of decree of divorce by mutual consent. In view of the settlement between the both the parties the present compromise petition is filed before this Hon'ble Court. The Settlement between Petitioner No.1 and 2 and the Respondent No.2 is out of Free Consent of both the parties and is not under

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6 - NC: 2025:KHC-D:12045 CRL.P No. 101006 of 2024 C/W CRL.P No. 101304 of 2024

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HC-KAR

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any Coercion or undue influence or fraud or misrepresentation.”

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The dispute between the parties has been settled amicably and it is brought to the notice of this Court that parties have decided to separate and already the marriage between accused No.1 and respondent No.2 is dissolved by a decree passed in MC No.21/2025 by the jurisdictional Civil Court. The alleged offences are compoundable in nature and therefore, I am of the opinion that considering the settlement arrived at between the parties, who are all close relatives, the prayer made in these petitions needs to be granted. Accordingly, the following order:-

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The petitions are allowed. The entire proceedings in Crime No.6/2024 registered by UK Women Police Station, Uttara Kannada District, for offences punishable under Sections 498A, 504, 506 read with Section 34 of IPC, is hereby quashed as against the petitioners herein.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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CT:BCK/LIST NO.: 1 SL NO.: 62

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DN

Kiran S/O Dhyaneshwar Kudalkar v. the State of Karnataka

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Kiran S/O Dhyaneshwar Kudalkar v. the State of Karnataka

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