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Somashekharayya M. H. @ Vs State of Karnataka by — Dowry and Cruelty | Karnataka HC (2025)

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Karnataka HC
2025
Somashekharayya M. H. @ Vs State of Karnataka bySomashekharayya M. H. @ v. State of Karnataka by

Disposed¶49

Somashekharayya M. H. @ v. State of Karnataka by

Karnataka HC9 Jul 2025CRL.P/8610/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; NC: 2025:KHC:25632; CRL.P No. 8610 of 2024; oral order dated 09-07-2025 by S.R. Krishna Kumar, J. Petition under Section 482 CrPC (Section 528 BNSS) to quash FIR Crime No.48/2024 of JMFC II Court, Shivamogga (Shivamogga Women Police Station) for offences under Sections 498(A), 504, 323, 313, 506, 114, 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Petitioners (resident of Kanivebilachi, Channagiri Taluk, Davangere District) withdrew the petition by memo after charge sheet filing, with liberty reserved to file a comprehensive/fresh criminal petition. Keywords: quashing of FIR, withdrawal memo, charge sheet filed, 498A dowry case, liberty to file fresh petition, Shivamogga, Davangere.

What did the court decide?

Petition disposed of as withdrawn on the memo of the petitioners' counsel; liberty reserved to file a comprehensive/fresh criminal petition. The quashing prayer against FIR Crime No.48/2024 was not adjudicated.

Why is it important?

The criminal petition stands disposed of as withdrawn. ¶49

What the court decided

AI extract

Outcome

Petition disposed of as withdrawn on the memo of the petitioners' counsel; liberty reserved to file a comprehensive/fresh criminal petition. The quashing prayer against FIR Crime No.48/2024 was not adjudicated.

Issue for consideration

Whether the FIR registered as Crime No.48/2024 by JMFC II Court, Shivamogga, for alleged offences punishable under Sections 498(A), 504, 323, 313, 506, 114, 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, should be quashed as against the petitioners.

Ratio / Principle

The criminal petition stands disposed of as withdrawn.

Key takeaways

Liberty is reserved in favour of the petitioners to file a comprehensive/fresh criminal petition.ratio¶50
The memo for withdrawal filed by learned counsel for the petitioners is accepted and placed on record.ratio¶45

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. (filed under S.528 BNSS) by five accused persons seeking quashing of the FIR in Crime No.48/2024 registered by JMFC II Court, Shivamogga, for alleged offences punishable under Sections 498(A), 504, 323, 313, 506, 114, 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961; Respondent No.2 is described as the wife of Petitioner No.1. When the petition came up for orders, learned counsel for the petitioners filed a memo for withdrawal stating that the charge sheet had been filed and seeking liberty to file a fresh criminal petition. The High Court (S.R. Krishna Kumar, J.) placed the memo on record and disposed of the petition as withdrawn, reserving liberty to the petitioners to file a comprehensive/fresh criminal petition. The quashing prayer was not adjudicated.

A

1 - NC: 2025:KHC:25632 CRL.P No. 8610 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

CRIMINAL PETITION NO. 8610 OF 2024

BETWEEN:

SOMASHEKHARAYYA M.H @ SOMASHEKARAIAH M.H S/O HALAIAH M G AGED ABOUT 43 YEARS,

NEELAMMA @ NEELAMMA MR W/O HALAIAH M G AGED ABOUT 69 YEARS,

HALAYYA M.G @ HALAIAH M G, S/O GURUSIDDAIAH, AGED ABOUT 70 YEARS,

Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka

CHANNESHA @ CHANNAIAH M H, S/O HALAIAH M G, AGED ABOUT 38 YEARS, ALL THE PETITIONERS 1 TO 4 ARE RESIDENT OF KANIVEBILACHI, CHANNAGIRI TALUK, DAVANGERE DISTRICT - 577 231.

BHAGYAMMA @ BHAGYA PRAVEEN, W/O PRAVEEN HIREMATH B S, AGED ABOUT 31 YEARS, R/O 883/8, VRUSHABHA,

3RD FLOOR, SARASWATHI NAGAR,

NC: 2025:KHC:25632 CRL.P No. 8610 of 2024

2 -

HC-KAR

DAVANGERE - 577 001.

…PETITIONERS

(BY SRI. H. DEVENDRAPPA, ADVOCATE)

AND:

STATE OF KARNATAKA BY SHIVAMOGGA WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

SMT. SHRUTHI M.S, W/O SOMASHEKHARAYYA, AGED ABOUT 33 YEARS, R/O RENUKACHARYA NILAYA, BHUVANESHWARI LAYOUT, OLD GURUPURA, HOLEHONNUR ROAD, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 227.

…RESPONDENTS

(BY SRI. K. NAGESWARAPA, HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED AS CRIME NO.48/2024 REGISTERED BY THE 1^ST RESPONDENT I.E., JMFC II COURT, SHIVAMOGGA FOR THE ALLEGED OFFENCES P/U/S 498(A), 504, 323, 313, 506, 114, 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, AGAINST THE PETITIONERS ARE CONCERNED HEREIN.

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

3 - NC: 2025:KHC:25632 CRL.P No. 8610 of 2024

HC-KAR

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioners seek the following

reliefs:

" Wherefore, the petitioner prays that this Hon'ble Court may be pleased to -

a. Quash the First Information Report registered as Crime No.48/2024 registered by the 1^st respondent i.e., JMFC II Court, Shivamogga for the alleged offences punishable under Section 498 (A), 504, 323, 313, 506, 114, 34 of IPC and Sec.3, 4 of Dowry Prohibition Act, 1961 against the petitioners are concerned herein.

AND:

b. Any other order as this Hon'ble Court deems fit in the circumstances of the case. "

Learned counsel for the petitioners has filed a

memo, stating that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioners to

4 -

NC: 2025:KHC:25632 CRL.P No. 8610 of 2024

HC-KAR

file a fresh petition, in the interest of justice and equity.

The memo is placed on record.

The memo reads as under:

"MEMO FOR WITHDRAWAL

"The undersigned counsel for the petitioner herein prays to withdraw the criminal petition with liberty to file fresh criminal petition as charge sheet is filed. Hence, kindly accept the memo in the interest of justice and equity."

The petition stands disposed of as withdrawn ,

reserving liberty in favour of the petitioners to file a

comprehensive/fresh criminal petition.

Sd/(S.R.KRISHNA KUMAR) JUDGE

SD List No.: 2 Sl No.: 20 CT: BHK

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the FIR registered as Crime No.48/2024 by JMFC II Court, Shivamogga, for alleged offences punishable under Sections 498(A), 504, 323, 313, 506, 114, 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, should be quashed as against the petitioners.¶27

Statutes considered

4 provisions across 4 enactments

AI extract

Code of Criminal Procedure482¶27
Bharatiya Nagarik Suraksha Sanhita528¶27
Indian Penal Code498(A), 504, 323, 313, 506, 114, 34¶36
Dowry Prohibition Act, 19613, 4¶36

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR registered as Crime No.48/2024 by JMFC II Court, Shivamogga, for alleged offences punishable under Sections 498(A), 504, 323, 313, 506, 114, 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against the petitioners; sought to be quashed.¶27
JMFC II Court, Shivamogga
Prior proceeding
Registration of FIR as Crime No.48/2024 by JMFC II Court, Shivamogga, against the petitioners for the alleged offences.¶27
Prior proceeding
Charge sheet was filed in Crime No.48/2024; in view thereof, learned counsel for the petitioners filed a memo to withdraw the criminal petition with liberty to file a fresh criminal petition.¶48

Parties & counsel

AI extract

petitioner
SOMASHEKHARAYYA M.H @ SOMASHEKARAIAH M.H¶9
H. DEVENDRAPPA
petitioner
NEELAMMA @ NEELAMMA MR¶10
H. DEVENDRAPPA
petitioner
HALAYYA M.G @ HALAIAH M G¶11
H. DEVENDRAPPA
petitioner
CHANNESHA @ CHANNAIAH M H¶13
H. DEVENDRAPPA
petitioner
BHAGYAMMA @ BHAGYA PRAVEEN¶14
H. DEVENDRAPPA
respondent
STATE OF KARNATAKA BY SHIVAMOGGA WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR¶23
K. NAGESWARAPA
respondent
SMT. SHRUTHI M.S¶24

Coram

AI extract

S.R.KRISHNA KUMARauthor¶31

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 9 Jul 2025 · July
Registered: 22 Aug 2024
Case no.: CRL.P/8610/2024
CNR: KAHC010409132024
Topic: Dowry and Cruelty
Bench: S.r.krishna Kumar
Disposal: DISMISSED
Case type: CRL.P

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Cite this judgement

Somashekharayya M. H. @ v. State of Karnataka by, CRL.P/8610/2024 (KA), decided on 9 July 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Code of Criminal Procedure482
Bharatiya Nagarik Suraksha Sanhita528
Indian Penal Code498(A), 504, 323, 313, 506, 114, 34
Dowry Prohibition Act, 19613, 4

View all statutes

Procedural history3

FIR registered as Crime No.48/2024 by JMFC II Court, Shivamogga, for alleged offences punishable under Sections 498(A), 504, 323, 313, 506, 114, 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against the petitioners; sought to be quashed.JMFC II Court, Shivamogga
Registration of FIR as Crime No.48/2024 by JMFC II Court, Shivamogga, against the petitioners for the alleged offences.
Charge sheet was filed in Crime No.48/2024; in view thereof, learned counsel for the petitioners filed a memo to withdraw the criminal petition with liberty to file a fresh criminal petition.

View full history

Bench / Coram

S.R.KRISHNA KUMAR

Parties & counsel