Full Judgment Text
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3696 OF 2024
C/W
CRIMINAL PETITION NO. 6660 OF 2024
IN CRL.P No. 3696/2024
BETWEEN:
1. DHANANJAYA
S/O PAPANNA
AGED ABOUT 35 YEARS
2. PAPANNA
S/O SANNAPPA
AGED ABOUT 68 YEARS
3. RADHA @ RADHAMMA
W/O PAPANNA
AGED 62 YEARS
4. SHAMSUNDAR P.,
S/O PAPANNA
AGED 38 YEARS.
PETITIONERS/ACCUSED
1 TO 4 ARE RESIDING AT
Digitally signed
by SANJEEVINI
J KARISHETTY
Location: High
Court of
Karnataka
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
PRAGATI NILAYA,
YENTIGERE ROAD
PWD QUARTERS
ARAKALAGUDU
HASSAN DISTRICT – 573 102.
…PETITIONERS
(BY SRI ANIL KUMAR R., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
STATION HOUSE OFFICER
ARAKALAGUD POLICE STATION
ARAKALAGUD, HASSAN DISTRICT
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2. XXXXXX
XXXXXX
XXXXXX
XXXXXX
…RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;
SRI PRATHEEP K.C., ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.P.C., PRAYING TO
QUASH THE FIR DATED 29.03.2024 REGISTERED BY THE
ARAKALAGUD POLICE STATION / RESPONDENT NO.1 IN
CR.NO.0063/2024 PENDING ON THE FILE BEFORE THE
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT,
ARAKALAGUD, HASSAN DISTRICT AGAINST THE PETITIONERS
VIDE ANNEXURE-A, FOR THE OFFENCES P/U/S 376, 417, 504,
506 R/W SEC. 34 OF IPC.
IN CRL.P NO. 6660/2024
BETWEEN:
1. XXXXXX
XXXXXX
XXXXXX
XXXXXX
...PETITIONER
(BY SRI PRATHEEP K.C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ARAKALAGUD POLICE
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2. DHANANJAYA @ DEEPU
S/O PAPANNA
AGED ABOUT 30 YEARS
R/AT FRIENDS FITNESS GYM
TOWN MAIN ROAD
ARKALGUD, HASSAN DISTRICT – 573 102.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;
SRI ANIL KUMAR R., ADVOCATE FOR R-2)
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE FIR IN CR.NO.101/2024 REGISTERED BY THE
ARKALGUD POLICE STATION FOR THE OFFENCE P/U/S/
504, 323, 342, 447, 448, 379, 506, 34, 406 OF IPC ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC
ARKALGUD IN SO FAR AS PETITIONER IS CONCERNED.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners – accused Nos.1 to 4 are before this Court
calling in question registration of a crime in Crime No.63/2024,
for offences under Sections 376, 417, 420, 504, 506 r/w. 34 of
the IPC, in Crl.P.No.3696/2024 and petitioner – accused No.1 is
before this Court calling in question registration of a crime in
Crime No.101/2024, for the offences under Sections 504, 323,
342, 447, 448, 379, 506, 34, 406 of the IPC in
Crl.P.No.6660/2024.
2. Two complaints spring out of consensual relationship
between the complainant and petitioner No.1 in
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
Crl.P.No.3696/2024. The allegation is that petitioner No.1 has
had physical relationship with the complainant on promise of
marriage. It transpires that the petitioner has married the
complainant on 22.01.2025.
3. Learned counsel for the petitioners – accused and
respondent No.2 – complainants in both the petitions, in unison
submit that during the pendency of these proceedings, the
parties to the lis have settled their disputes amicably by
drawing up certain terms and conditions. The complainant and
petitioner No.1 in Crl.P.No.3696/2024 have got married on
22.01.2025. Applications under Sections 320 r/w. 482 of the
Cr.P.C., along with joint affidavits in both the petitions, seeking
permission to compound the offences is filed before this Court
to that effect.
4. The joint affidavit filed in Crl.P.No.3696/2024 reads as
follows:
NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3696 OF 2024
C/W
CRIMINAL PETITION NO. 6660 OF 2024
IN CRL.P No. 3696/2024
BETWEEN:
1. DHANANJAYA
S/O PAPANNA
AGED ABOUT 35 YEARS
2. PAPANNA
S/O SANNAPPA
AGED ABOUT 68 YEARS
3. RADHA @ RADHAMMA
W/O PAPANNA
AGED 62 YEARS
4. SHAMSUNDAR P.,
S/O PAPANNA
AGED 38 YEARS.
PETITIONERS/ACCUSED
1 TO 4 ARE RESIDING AT
Digitally signed
by SANJEEVINI
J KARISHETTY
Location: High
Court of
Karnataka
- 2 -
NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
PRAGATI NILAYA,
YENTIGERE ROAD
PWD QUARTERS
ARAKALAGUDU
HASSAN DISTRICT – 573 102.
…PETITIONERS
(BY SRI ANIL KUMAR R., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
STATION HOUSE OFFICER
ARAKALAGUD POLICE STATION
ARAKALAGUD, HASSAN DISTRICT
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2. XXXXXX
XXXXXX
XXXXXX
XXXXXX
…RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;
SRI PRATHEEP K.C., ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.P.C., PRAYING TO
QUASH THE FIR DATED 29.03.2024 REGISTERED BY THE
ARAKALAGUD POLICE STATION / RESPONDENT NO.1 IN
CR.NO.0063/2024 PENDING ON THE FILE BEFORE THE
- 3 -
NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT,
ARAKALAGUD, HASSAN DISTRICT AGAINST THE PETITIONERS
VIDE ANNEXURE-A, FOR THE OFFENCES P/U/S 376, 417, 504,
506 R/W SEC. 34 OF IPC.
IN CRL.P NO. 6660/2024
BETWEEN:
1. XXXXXX
XXXXXX
XXXXXX
XXXXXX
...PETITIONER
(BY SRI PRATHEEP K.C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ARAKALAGUD POLICE
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2. DHANANJAYA @ DEEPU
S/O PAPANNA
AGED ABOUT 30 YEARS
R/AT FRIENDS FITNESS GYM
TOWN MAIN ROAD
ARKALGUD, HASSAN DISTRICT – 573 102.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;
SRI ANIL KUMAR R., ADVOCATE FOR R-2)
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE FIR IN CR.NO.101/2024 REGISTERED BY THE
ARKALGUD POLICE STATION FOR THE OFFENCE P/U/S/
504, 323, 342, 447, 448, 379, 506, 34, 406 OF IPC ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC
ARKALGUD IN SO FAR AS PETITIONER IS CONCERNED.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners – accused Nos.1 to 4 are before this Court
calling in question registration of a crime in Crime No.63/2024,
for offences under Sections 376, 417, 420, 504, 506 r/w. 34 of
the IPC, in Crl.P.No.3696/2024 and petitioner – accused No.1 is
before this Court calling in question registration of a crime in
Crime No.101/2024, for the offences under Sections 504, 323,
342, 447, 448, 379, 506, 34, 406 of the IPC in
Crl.P.No.6660/2024.
2. Two complaints spring out of consensual relationship
between the complainant and petitioner No.1 in
- 5 -
NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
Crl.P.No.3696/2024. The allegation is that petitioner No.1 has
had physical relationship with the complainant on promise of
marriage. It transpires that the petitioner has married the
complainant on 22.01.2025.
3. Learned counsel for the petitioners – accused and
respondent No.2 – complainants in both the petitions, in unison
submit that during the pendency of these proceedings, the
parties to the lis have settled their disputes amicably by
drawing up certain terms and conditions. The complainant and
petitioner No.1 in Crl.P.No.3696/2024 have got married on
22.01.2025. Applications under Sections 320 r/w. 482 of the
Cr.P.C., along with joint affidavits in both the petitions, seeking
permission to compound the offences is filed before this Court
to that effect.
4. The joint affidavit filed in Crl.P.No.3696/2024 reads as
follows:
| “3. We state that, the respondent No.2 in the above | ||
|---|---|---|
| petition has filed a complaint in Cr. No.63/024 for the | ||
| offence punishable U/S 376, 417, 420, 504, 506, 34 | ||
| of IPC. | ||
| 4. We state that, during the pendency of the petition | ||
| with the advice of both the families we have been | ||
| married on 22/01/2025 at Shree Rama temple, |
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
Mallipattana, Arakalgudu Taluk, Hassan district. Since
the date of marriage we have been living together as
husband and wife and looking after our two children
by name Dhananjay R gowda and Druvanth R gowda
who are aged about 10 & 5 years respectively.
5. We state that, we have been in a relationship for
more than 10 years, we also indulged in physical
relationship. On the account of physical relationship
two children as mentioned supra are also born.
6. We state that, we have been married on the account
of our own volition and there is no threat or coercion,
further in view of the above we do not want to
precipitate the above complaint and decided to put an
end to all the litigation including criminal prosecutions
pending between us.
The joint affidavit filed in Crl.P.No.6660/2024 reads as
follows:
| “3. We state that, the respondent No.2 in the above | ||
|---|---|---|
| petition has filed a complaint in Cr. No.101/2024 for | ||
| the offence punishable U/S 504, 323, 342, 447, 448, | ||
| 379, 506, 406, 34 of IPC. | ||
| 4. We state that, during the pendency of the petition | ||
| with the advice of both the families we have been | ||
| married on 22/01/2025 at Shree Rama temple, | ||
| Mallipattana, Arakalgodu Taluk, Hassan district. Since | ||
| the date of marriage we have been living together as | ||
| husband and wife and looking after our two children | ||
| by name Dhananjay R gowda and Druvanth R gowda | ||
| who are aged about 10 & 5 years respectively. | ||
| 5. We state that, we have been in a relationship for | ||
| more than 10 years, we also indulged in physical | ||
| relationship. In view of physical relationship two | ||
| children as mentioned supra are also born. | ||
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
6. We state that, we have been married on the account
of our own volition and there is no threat or coercion,
further in view of the above we do not want to
precipitate the above complaint and decided to put an
end to all the litigation including criminal prosecutions
pending between us.”
Though the offence alleged against the petitioners in the
case at hand inter alia is one punishable under Sections 504
and 506 of the IPC, which are non-cognizable, since the
complainant and petitioner No.1 have got married and as the
allegations are not against the State, I deem it appropriate to
accept the applications filed under Section 320 of the Cr.P.C.
along with the affidavits of the parties in both the petitions, and
terminate the proceedings against the petitioners.
5. For the aforesaid reasons, I pass the following:
ORDER
(i) The criminal petitions are disposed.
(ii) The Crime No.63/2024 impugned in
Crl.P.No.3696/2024 and the crime No.101/2024
impugned in Crl.P.No.6660/2024, both pending
before the Principal Civil Judge (Jr. Dn.) and JMFC,
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NC: 2026:KHC:2054
CRL.P No. 3696 of 2024
C/W CRL.P No. 6660 of 2024
HC-KAR
Arkalgud, stand quashed, qua the petitioners, in
both the petitions.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NVJ
List No.: 1 Sl No.: 79