Allowed

Sri. Nagesh K.B v. State of Karnataka

Karnataka HC18 Sept 2026CRL.P/7713/2023

Case brief

AI extract

What is this about?

The petitioners (accused nos. 1-3) sought quashing of criminal proceedings in CC No. 510/2023 arising from Crime No. 26/2019 for offences under Sections 498A, 323, 504, 506 read with 34 IPC. The parties had amicably settled their disputes, obtaining a divorce decree in MC No. 121/2024 and filing a joint application under Order XXIII Rule 3 CPC to withdraw all pending cases including the impugned proceedings. The High Court accepted the settlement and quashed the proceedings against the petitioners.

What did the court decide?

The entire proceedings in C.C.No.510/2023 pending before the Court of Prl. Civil Judge & JMFC, Kodagu District, arising out of Crime No.26/2019 registered by Kodagu Women Police Station for offences under Sections 498A, 323, 504, 506 read with 34 IPC, as against the petitioners, is quashed.

Sri. Nagesh K.B Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2026)

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HC-KAR NC: 2026:KHC:51267 CRL.P No. 7713 of 2023

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CNR: KAHC010372852023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7713 OF 2023

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BETWEEN:

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SRI. NAGESH K.B @ JAPPU S/O LATE BHIMAIAH, AGED ABOUT 47 YEARS, C/O LATE RAMAIAH APPACCHU, GOPALA ESTATE, HARADHURU VILLAGE, SUNTIKOPPA, KODAGU DISTRICT – 571 201

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RAMESH K.B @ RAVI S/O LATE BHEEMAIAH, AGED ABOUT 48 YEARS, BETTATHURU VILLAGE, MADHENADDU POST, MADIKERI TALUK, KODAGU DISTRICT - 571 201.

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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CHINNAPPA K.B S/O LATE BHEEMAIAH, AGED ABOUT 43 YEARS, PWD QTRS. NEW BADAVANE, MADIKERI TOWN, MADIKERI TALUK, KODAGU DISTRICT-571201.

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…PETITIONERS

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(BY SRI. VINOD KUMAR M, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP BY KODAGU WOMEN POLICE STATION,

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HC-KAR

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NC: 2026:KHC:51267 CRL.P No. 7713 of 2023

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CNR: KAHC010372852023

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KODAGU, KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560001.

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SMT. NITHYA POONAMMA W/O NAGESH K.B AGED ABOUT 40 YEARS, HARADHURU VILLAGE, SUNTIKOPPA, KODAGU DISTRICT-571201.

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…RESPONDENTS

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(BY SRI.CHANNAPPA ERAPPA, HCGP; SRI. MANJE GOWDA.K.G, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.510/2023 PENDING IN THE FILE OF THE PRL. CIVIL JUDGE AND JMFC AT MADIKERI TALUKU, KODAGU DISTRICT IN CR.NO.26/2019 OF KODAGU WOMEN P.S., MADIKERI AND FOR THE OFFENCE P/U/S 498A,323,504,506 R/W 34 OF IPC PRODUCED AT ANNEXUREC.I.A.NO.1/2023 FOR STAY.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Petitioners, who are accused nos.1 to 3, are before this Court in this petition filed under Section 482 of Cr.PC with a prayer to quash the entire proceedings in C.C.No.510/2023 pending before the Court of Prl. Civil Judge & JMFC, Kodagu

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3 - NC: 2026:KHC:51267 CRL.P No. 7713 of 2023

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HC-KAR

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CNR: KAHC010372852023

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District, arising out of Crime No.26/2019 registered by Kodagu

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Women Police Station, Kodagu District, for the offences punishable under Sections 498A, 323, 504, 506 read with 34 of IPC.

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Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2 is absent.

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Learned Counsel for the petitioner submits that the dispute between the parties has been amicably settled and in view of the settlement reported before the Family Court in M.C.No.121/2024, marriage of accused no.1 with respondent no.2 has been dissolved by a decree of divorce. He submits

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that in the application filed by the parties under Order XXIII Rule 3 of CPC before the Prl. Judge, Family Court, Kodagu, Madikeri, in M.C.No.121/2024, the parties have agreed to withdraw the cases registered by them as against each other including the proceedings in CC.No.510/2023. He has today produced a memo enclosing the decree passed in M.C.No.121/2024 and also the application filed in the said case

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HC-KAR

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NC: 2026:KHC:51267 CRL.P No. 7713 of 2023

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CNR: KAHC010372852023

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under Order XXIII Rule 3 of CPC by accused no.1 and respondent no.2 herein.

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The said memo is taken on record. In paragraph no.5 of the application filed by the parties under Order XXIII Rule 3 CPC in M.C.No.121/2024 before the Prl. Judge, Family Court, Kodagu, it is averred as under:

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"5. The petitioner and the respondent agreed to withdraw the cases pending before the respective Courts as under:

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a. Crl.R.P.10/2022 and Crl.R.P.9/2022 pending before the Hon'ble Prl. District and Sessions Judge, Kodagu, Madikeri.

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b. Crl. Misc. Case 52/2024 pending before the Family Court.

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c. Crl. Misc. Case 47/2024 pending before the Family Court.

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d. C.C.510/2023 pending before the Hon'ble Prl. Civil Judge and JMFC, Madikeri, and Crl.P.7713/2023 pending before the Hon'ble High Court of Karnataka, Bangalore.

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e. M.C.No.121/2024 pending before the Family Court, Madikeri."

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HC-KAR

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NC: 2026:KHC:51267 CRL.P No. 7713 of 2023

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CNR: KAHC010372852023

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From a reading of the aforesaid, it is apparent that the parties have agreed to withdraw even the impugned proceedings which is challenged in this petition. Under the circumstances, I am of the opinion that the prayer made by the petitioners for quashing the impugned proceedings needs to be granted. Accordingly, the following order:

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Petition is allowed. The entire proceedings in C.C.No.510/2023 pending before the Court of Prl. Civil Judge & JMFC, Kodagu District, arising out of Crime No.26/2019 registered by Kodagu Women Police Station, Kodagu District, for the offences punishable under Sections 498A, 323, 504, 506

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read with 34 of IPC, as against the petitioners is quashed.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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Sri. Nagesh K.B v. State of Karnataka

Case brief

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Sri. Nagesh K.B v. State of Karnataka

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