IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 1^ST DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRL.P.NO.101601/2021 C/W. CRL.P.102128/2019

CRL.P.NO.101601/2021

BETWEEN:

1 .

MALATESH S/O. SHANKRAPPA MATGODLI

AGE 41 YEARS, OCC PRIVATE

R/O. SUNAGAR CHAWL, OLD P B ROAD

DISTRICT DHARWAD-580001.

2 .

UMA ALIAS INDUMATHI

W/O. SHANKARAPPA MATGODLI

AGE : 77 YEARS, OCC HOUSEHOLD

R/O. SUNAGAR CHAWL

OLD P B ROAD, DHARWAD

DIST DHARWAD-580001.

...PETITIONERS

(BY SRI.: DAYANAND M. BANDI, ADV.)

AND:

1 .

THE STATE OF KARNATAKA

THROUGH DHARWAD SUB URBAN

POLICE STATION,

REPRESENTED BY

HIGH COURT GOVERNMENT PLEADER,

HIGH COURT OF KARNATAKA.

2 .

RASHMI W/O MALTESH METAGODLI

W/O. MALTESH METAGODLI

AGE 36 YEARS, OCC : NIL,

R/O: PURAD ONI, HAVERI,

DISTRICT : HAVERI-581201

2

(ADDRESS IS WRONGLY MENTIONED

IN COMPLAINT AND FIR IS

R/O. OLD P B ROAD, SUNAGAR CHAWAL

DHARWAD).

…RESPONDENTS

(BY SRI. VIJAY M. MALALI, ADV. FOR R2,

SRI. PRAVEEN K. UPPAR, HCGP FOR R1)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING

TO

QUASH

THE

ENTIRE

PROCEEDINGS

IN

S.C.NO.102/2018 PENDING ON THE FILE OF IV ADDL. DISTRICT

AND SESSIONS JUDGE, DHARWAD AND CONSEQUENTLY TO

QUASH THE FIR IN SUB-URBAN P.S. CRIME NO.04/2018

(C.C.NO.624/2018) U/S 498A, 307, 323, 504, 506, 109 R/W

SECTION 34 OF IPC, AS AGIANST THE PETITIONERS/ACCUSED

NO.1 AND 2.

CRL.P.102128/2019

BETWEEN:

1 .

ASHA D/O SHANKRAPPA MATGODLI

AGE: 47 YEARS,OCC: BANK EMPLOYEE,

R/O: SHIVABASAV NAGAR,

HAVERI, DIST: HAVERI-581201.

2 .

KAVITA

W/O SANGAMESH PATTANASHETTY

AGE: 43 YEARS, OCC: HOUSEHOLD,

R/O: LOKAPPANA HAKKALA,

VIDYANAGAR, HUBBALLI-580021.

3 .

SAVITA W/O ANIL KAMBAR

AGE: 47 YEARS, OCC: ACCOUNT ANALYST,

R/O: NO: 133, M.S. BUILDING,

BEHIND MARUTI MANDIR,

19TH CROSS, 21ST MAIN,

VIJAYANAGAR,

BENGALURU-NORTH-560040.

..PETITIONERS

3

(BY SRI.: K L PATIL AND SRI. DAYANAND M. BANDI, ADVS.)

AND:

1 .

THE STATE OF KARNATAKA

THROUGH DHARWAD SUB-URBAN

POLICE STATION,

REPRESENTED BY

HIGH COURT GOVERNMENT PLEADER.

2 .

RASHMI W/O MALTESH METAGODLI

AGE: 36 YEARS, OCC: NIL,

R/O: PURAD ONI, HAVERI,

DIST: HAVERI-581201.

(ADDRESS IS WRONGLY MENTIONED

IN COMPLAINT AND FIR IS

R/O. OLD P B ROAD, SUNAGAR CHAWAL

DHARWAD).

…..RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1

R2- SERVED.)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.

SEEKING TO QUASH THE PROCEEDINGS/ORDER OF TAKING

COGNIZANCE U/S 498-A, 307, 323, 504, 506, 109 R/W SEC. 34

OF IPC AS AGAINST THE PETITIONERS/ACCUSED NO.3 TO 5 IN

SUB-URBAN P.S. CRIME NO.04/2018 (C.C.NO.624/2018) BY THE

COURT OF PRL. CIVIL JUDGE & JMFC COURT, DHARWAD, WHICH

IS COMMITTED LATER AND CONVERTED TO S.C.NO.102/2018

PENDING ON THE FILE OF THE IV-ADDL. DIST. & SESSIONS

JUDGE, DHARWAD.

THESE

CRIMINAL

PETITIONS

ARE

COMING

ON

FOR

ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

4

ORDER

Crl.P.No.101601/2021 is filed by accused Nos.1

and 2 and Crl.P.No.102128/2019 is filed by accused

Nos.3 to 5 seeking quashing of the entire proceedings in

S.C. No.102/2018 pending on the file of IV Additional

District and Sessions Judge, Dharwad registered for

offence under Sections 498A, 307, 323, 504, 506 and

109 r/w 34 of IPC.

2.

Accused No.1 is the husband, accused No.2 is

the mother-in-law and accused No.3 to 5 are the sisters

in laws of respondent No.2.

3.

Accused Nos.1 to 4 are present and they are

identified by their counsel Sri.Dayanand M. Bandi.

Respondent No.2 is present and she is identified by her

counsel Sri. Vijay Malali. It is submitted by both the

counsels that the matter is settled, application under

Section 320 r/w Section 482 of of Cr.P.C. is filed with

5

joint affidavit of accused No.1 Malatesh and respondent

No.2 Rashmi. Respondent No.2 in the said joint affidavit

has sworn as under :

“