BHARMAPPA S/O ADIVEPPA DALAWAI vs STATE THROUGH KERUR POLICE STATION

Court
Karnataka High Court

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CRL.P No. 101359 of 2024


CNR: KAHC020055032024



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 13 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO.101359 OF 2024

[482(Cr.P.C)/528(BNSS)]

BETWEEN:

1. BHARMAPPA
S/O ADIVEPPA DALAWAI,
AGED ABOUT 55 YEARS,
OCCUPATION: AGRICULTURE,
RESIDING OF: NARENUR VILLAGE,
TALUK: BADAMI,
DISTRICT: BAGALKOT - 587 206.

2.
RENUKA
W/O BHARMAPPA DALAWAI,
AGED ABOUT 47 YEARS,
OCCUPATION: HOUSEHOLD,
RESIDING OF: NARENUR VILLAGE,
TALUK: BADAMI,
DISTRICT: BAGALKOT - 587 206.

3. MUTHAPPA
S/O BHARMAPPA DALAWAI,
AGED ABOUT 23 YEARS,
OCCUPATION: JCB DRIVER,
RESIDING OF: NARENUR VILLAGE,
TALUK: BADAMI,
DISTRICT: BAGALKOT - 587 206.

…PETITIONERS

(BY SMT. NIRMALA DODDAMANI, ADVOCATE, FOR
SRI RAJA RAGHAVENDRA NAIK)










Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

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CRL.P No. 101359 of 2024


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AND:

1. STATE THROUGH KERUR POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.

2. SMT. GEETHA
W/O HANUMANTH DALAWAI,
AGED ABOUT 30 YEARS,
OCCUPATION: HOUSEHOLD,
RESIDING OF: NARENUR VILLAGE,
TALUK: BADAMI,
DISTRICT: BAGALKOT - 587 206.

…RESPONDENTS

(BY SRI PRAVEENA Y. DEVAREDDIYAVARA, H.C.G.P., FOR R-1, &
SRI MOHANGOUDA PATIL, ADVOCATE, FOR R-2)

*
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO
QUASH THE PROCEEDINGS IN CRIME NO.102 OF 2022 FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 498A, 504
AND 506 READ WITH SECTION 34 OF THE I.P.C. AND
SECTIONS 3 AND 4 OF THE D.P. ACT IN CRIMINAL CASE NO.60
OF 2023 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JUDICIAL MAGISTRATE FIRST CLASS, BADAMI,
BAGALKOT, AGAINST THE PETITIONERS.
THIS CRIMINAL PETITION IS COMING ON FOR FURTHER
ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

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CRL.P No. 101359 of 2024


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CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER
Heard Smt. Nirmala Doddamani, learned counsel
appearing for Sri Raja Raghavendra Naik, learned counsel
for the petitioners/accused Nos.2 to 4, Sri Praveena Y.
Devareddiyavara, learned High Court Government Pleader
for respondent No.1/State, and Sri Mohangouda Patil,
de facto
learned counsel for respondent No.2/ complainant.

2. This petition is filed by the petitioners/accused
Nos.2 to 4 under Section 482 of Cr.P.C. seeking to quash
the entire proceedings in Criminal Case No.60 of 2023,
pending on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Badami, Bagalkote, for the offences
punishable under Sections 323, 498A, 504 and 506 read
with Section 34 of the Indian Penal Code, 1860, and
Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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3. Charge-sheet is filed pursuant to the complaint in
Crime No.102 of 2022 registered before Kerur Police
Station.

4. Taking exception to filing of the charge-sheet, the
petitioners have filed this petition.

5. Learned counsel for the petitioners/accused Nos.2
to 4 has contended that accused No.1, who is the husband
de facto
of the complainant, had filed Criminal Petition
No.101773 of 2024, and the same came to be allowed on
29.06.2026. She further contended that the divorce
petition filed by accused No.1 in Matrimonial Case No.34 of
2024 came to be allowed on 18.12.2024. She further
de facto
contended that the complainant had filed an
application seeking maintenance in the said matrimonial
case and the same was settled on 10.12.2024, pursuant to
de
which accused No.1 paid a sum of Rs.4,00,000/- to the
facto
complainant towards permanent alimony. Therefore,
de facto
the dispute between the complainant and accused

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No.1 has been settled, and permanent alimony has been
de facto
paid to the complainant. Hence, the continuation
of the prosecution against these petitioners, who are the
de facto
in-laws of the complainant, would amount to an
abuse of the process of law. Hence, he prayed to allow the
petition.

6. Learned High Court Government Pleader for
respondent No.1/State and the learned counsel for
de facto
respondent No.2/ complainant opposed the
petition and contended that, though the relationship
between the husband and wife has been dissolved by a
decree of divorce, the prosecution against the petitioners
should continue, as there is material available on record.

7. Perused the material available on record. Criminal
Petition No.101773 of 2024 filed by accused No.1, who is
de facto
none other than the husband of the complainant,
has already been allowed by this Court vide order dated
29.06.2026, thereby quashing the proceedings against

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husband. The present case arises out of matrimonial
de facto
disputes between accused No.1 and the
complainant. The marriage has now been dissolved, and
de facto
accused No.1 has paid permanent alimony to the
e facto
complainant. The d complainant has also filed a
memo reporting receipt of the permanent alimony.

8. A perusal of the charge-sheet indicates that the
de facto
complainant has made general and omnibus
allegations against these petitioners, and the ingredients
of the offences alleged against them are not made out.
Considering the overall facts and circumstances of the
de facto
case, particularly the settlement between the
complainant and her husband, accused No.1, and the fact
that the proceedings against accused No.1 have already
been quashed, the continuation of the proceedings against
these petitioners would amount to an abuse of the process
of law. Hence, I proceed to pass the following


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CRL.P No. 101359 of 2024


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O R D E R
allowed
i. Criminal petition is .


ii. The entire proceedings in Criminal Case No.60 of
2023, pending on the file of the Senior Civil Judge
and Judicial Magistrate First Class, Badami,
Bagalkote, for the offences punishable under
Sections 323, 498A, 504 and 506 read with Section
34 of the Indian Penal Code, 1860, and Sections 3
and 4 of the Dowry Prohibition Act, 1961, stand
quashed insofar as the petitioners/accused Nos.2
to 4 are concerned.

In view of the disposal of the petition, all pending
interlocutory applications, if any, shall stand dismissed.

Sd/-
(VENKATESH NAIK T)
JUDGE


KVK
List No.: 1 Sl No.: 13