SUKESHA S/O. KASHIVISHWANATH vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17682
CRL.P No. 102127 of 2026
CNR: KAHC020144632026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102127 OF 2026
[482(Cr.P.C)/528(BNSS)]
BETWEEN:
1. SUKESHA
S/O. KASHIVISHWANATH,
AGED ABOUT 34 YEARS,
OCCUPATION: ENGINEER,
RESIDING OF: BEHIND ISHWARY HOTEL, SINDANOOR,
TALUK: SINDANOOR,
DISTRICT: RAICHUR,
KARNATAKA - 584 101.
2. KASHIVISHWANATAH
S/O. SURYANARAYANA,
AGED ABOUT 62 YEARS,
OCCUPATION: CARPENTER,
RESIDING OF: SINDANOOR,
TALUK: SINDANOOR,
DISTRICT: RAICHUR - 584 101.
3. VENKATARAMANA
W/O. KASHIVISHWANATAH,
AGED ABOUT 57 YEARS,
OCCUPATION: HOUSEWIFE,
RESIDING OF: SINDANOOR,
TALUK: SINDANOOR,
DISTRICT: RAICHUR,
KARNATAKA - 584 101.
…PETITIONERS
(BY SRI MAHANTESH S. HIREMATH, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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CRL.P No. 102127 of 2026
CNR: KAHC020144632026
AND:
1. THE STATE OF KARNATAKA
THROUGH KARATAGI POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD-580002.
2. AMBIKA W/O. SUKESH,
AGED ABOUT 23 YEARS,
OCCUPATION: HOUSEWIFE,
RESIDING OF: BASAVANNA CAMP VILLAGE,
TALUK: KARATAGI, KOPPAL,
KARNATAKA - 583 231.
…RESPONDENTS
(BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO
QUASH THE ENTIRE PROCEEDING AGAINST THE
PETITIONERS/ACCUSED NOS.1 TO 3 IN CRIMINAL CASE NO.873 OF
2024 PENDING ON THE FILE OF CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, GANGAVATHI, ARISING OUT OF
KARATAGI POLICE STATION CRIME NO.243 OF 2023 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498A, 354, 323, 504 AND
506 READ WITH SECTION 34 OF IPC TO MEET THE ENDS OF
JUSTICE.
THIS CRIMINAL PETITION IS COMING ON FOR FURTHER
ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
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HC-KAR
NC: 2026:KHC-D:17682
CRL.P No. 102127 of 2026
CNR: KAHC020144632026
ORAL ORDER
The petitioners/accused Nos.1 to 3 have filed this petition
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, seeking to quash the entire proceedings in Criminal Case
No.873 of 2024 pending on the file of the Civil Judge and
Judicial Magistrate First Class, Gangavathi, for the offences
punishable under Sections 498A, 354, 323, 504 and 506 read
with Section 34 of the Indian Penal Code, 1860.
2. Learned counsel for the petitioners has vehemently
contended that the petitioners and the de facto complainant
have arrived at a compromise, which was recorded in Writ
Petition No.202865 of 2025, disposed of on 17.07.2026. The
contents of the said order reads as under:
"ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“a) Issue a writ of certiorari quashing the
impugned order dated 02.06.2025, in
M.C.No.44/2024, passed by the learned Senior
Civil Judge and JMFC at Sindhanur as per
Annexure-A, consequently dismiss the interim
application in IA No.I, filed by the respondent-
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NC: 2026:KHC-D:17682
CRL.P No. 102127 of 2026
CNR: KAHC020144632026
wife u/sec.24 of the Hindu Marriage Act, as per
Annexure-D,
b) Issue any writ, order or directions as this
hon’ble Court deems fit in circumstances of
case.”
2. The matter having been referred to
mediation, the mediator has submitted the following
report:
Terms & Conditions of Settlement
That Petitioner/husband and Respondent/wife on
going through the process of mediation have agreed to
resolve all their disputes amicably on the following terms
& conditions:
1. That both parties have resolved to part one
another by a decree of divorce by submitting copy of this
settlement in pending, proceeding in M.C. No. 44/2024
on the file of Senior Civil Judge & JMFC, Sindhanur.
2. That, Petitioner/husband herein has agreed to
return,
(i) All the clothes kept in a suit case to
Respondent/wife.
(ii) The gold ornaments such as ear ring
with Mati, Bracelate, Necklace, engagement
ring and cash of Rs. 3,50,000/-(Three Lakh
Fifty Thousand only) towards permanent
alimony, before the trial court.
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CRL.P No. 102127 of 2026
CNR: KAHC020144632026
3. Respondent/wife has agreed to return
Talichain, Sutra, Konepusa.
4. Respondent has agreed to withdraw
Criminal case C.C. No. 873/2024 pending on
the file of Prl. Civil Judge & JMFC, Gangavati.
She has agreed to co-operate with the
petitioner to get the above criminal
proceedings quashed by filing petition before
Hon'ble High Court, Dharwad Bench at his cost.
5. Respondent/wife has agreed to
withdraw Crl. Misc. No. 678/2024 & 679/2024
both pending on the file of Prl. Civil Judge &
JMFC, Sindhanur by producing C.C. of this
settlement.
6. The above settlement is full and final
and Respondent will not have any claim of
whatsoever nature.
The contents of this amicable
matrimonial Settlement/Agreement are read
over and explained to both the parties in
language known to them and after
understanding the contents of the settlement
as true and correct, have put their signature
over it.”
3. In view of the settlement arrived at between
the parties by way of mediation, nothing further survives
in the present petition. Therefore, the writ petition is
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CRL.P No. 102127 of 2026
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disposed of in terms of the mediation agreement
entered into between the parties."
3. In the aforesaid order, at paragraph No.2, Clause 2(4),
it is recorded that respondent No.2- de facto complainant has
agreed to withdraw Criminal Case No.873 of 2024 (present
case) pending on the file of the Civil Judge and Judicial
Magistrate First Class, Gangavathi, and has further agreed to
cooperate with the petitioners to get the criminal proceedings
quashed by filing a petition before the High Court of
Karnataka, Dharwad Bench.
4. In view of the settlement arrived at between the
parties through mediation, continuation of the criminal
proceedings would serve no useful purpose and would amount
to an abuse of the process of law.
5. Accordingly, the criminal petition is allowed . The
proceedings in Criminal Case No.873 of 2024 pending on the
file of the Civil Judge and Judicial Magistrate First Class,
Gangavathi, for the offences punishable under Sections 498A,
354, 323, 504 and 506 read with Section 34 of the Indian
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NC: 2026:KHC-D:17682
CRL.P No. 102127 of 2026
CNR: KAHC020144632026
Penal Code, 1860, are hereby quashed insofar as the
petitioners/accused Nos.1 to 3 are concerned.
In view of the disposal of the petition, pending
interlocutory applications, if any, shall stand dismissed.
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK /CT-AN
List No.: 1 Sl No.: 22