Sri Maruti S/O Tippeshappa Lingader Vs the State of Karnataka

SRI. MARUTI S/O. TIPPESHAPPA LINGADER, AGE: 37 YEARS, OCC: MEDICAL REPRESENTATIVE, R/O: H. NO. 91, S. P. S. NAGAR, 1^ST STAGE, BUDAL ROAD, DAVANAGERE – 577 006.

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Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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SRI. TIPPESHAPPA S/O. SHIVALINGAPPA LINGADER, AGE: 60 YEARS, OCC: PRIVATE SERVICE, R/O: H. NO. 91, S. P. S. NAGAR, 1^ST STAGE, BUDAL ROAD, DAVANAGERE – 577 006.

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SMT. HALAMMA W/O. TIPPESHAPPA LINGADER, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O: H. NO. 91, S. P. S. NAGAR, 1^ST STAGE, BUDAL ROAD, DAVANAGERE – 577 006.

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…PETITIONERS

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(BY SMT. SNEHA KATTI , SRI. ANIL H. BUDARPUR SMT. RASHMI P. MANDI, ADVOCATES)

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NC: 2025:KHC-D:6017 CRL.P No. 101547 of 2025

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AND:

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THE STATE OF KARNATAKA, SHO WOMEN P S HUBBALLI – DHARWAD, R/BY THE PP, HIGH COURT OF KARNATAKA, DHARWAD – 580 011.

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SMT. ASHWINI W/O. MARUTI T., AGE: 30 YEARS, OCC: HOUSE HOLD WORK, R/O: H. NO. 91, S. P. S. NAGAR, 1^ST STAGE, BUDAL ROAD, DAVANAGERE – 577 006.

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PRESENTLY AT H. NO. 3, 1^ST FLOOR, SHRI. RENUKA NIVAS, SANMAN COLONY BEHIND NEW BUS STAND, HUBBALLI – 580 024.

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…RESPONDENTS

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(BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI ABHISHEK G. HOSAKERI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE PROCEEDINGS IN C.C. NO.3058/2021 (CRIME NO.2/2020 HUBBALLI - DHARWAD WOMEN P.S.) PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC, HUBBALLI AGAINST THE PETITIONERS NO. 1-3 (ACCUSED NO. 1-3) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 READ WITH 34 OF THE IPC IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:6017 CRL.P No. 101547 of 2025

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by petitioners/accused Nos.1 to 3 praying to quash the proceedings in C.C.No.3058/2021 pending on the file of III Additional Civil Judge and JMFC, Hubballi, registered for offences punishable under Sections 498-A, 323, 504, 506 r/w Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short).

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Respondent No.2 has filed a complaint and it came to be registered against the petitioners in Crime No.2/2020 of Mahila P.S. Hubballi for offences punishable under Sections 498-A, 323, 504, 506 r/w Section 34 of IPC. The police after investigation filed a chargesheet against the petitioners for the aforesaid offences. Based on the said chargesheet, a case came to be registered against the petitioners in C.C.No.3058/2021 for the said offences. The proceedings of the said criminal case are sought to be quashed in the present petition.

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NC: 2025:KHC-D:6017 CRL.P No. 101547 of 2025

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The petitioner No.1 is husband and respondent No.2 is his wife. In the proceedings initiated by respondent No.2 against the petitioner No.1 under Section 147 of BNSS in Crl.Misc.No.361/2024, a joint memo has been filed by the petitioner No.1 and respondent No.2. As per the said joint memo, petitioner No.1 and respondent No.2 have settled the matter and they have residing together and respondent No.2 has no objection to quash proceedings in C.C.No.3058/2021 pending on the file of III Additional Civil Judge and JMFC, Hubballi.

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The counsel appearing for respondent No.2 has filed affidavit of respondent No.2, wherein, it is sated that respondent No.2 has settled the matter with petitioners and she is residing with his husband and his family members and leading marital life and she has no objection for quashing the proceedings against the petitioners in C.C.No.3058/2021.

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