Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11123 CRL.P No. 115 of 2024 C/W CRL.P No. 1568 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 115 OF 2024 C/W CRIMINAL PETITION NO. 1568 OF 2024
IN CRL.P No. 115/2024 BETWEEN:
1. MR MAYURNATH TIPANETI S/O MALLINATH TIPANETI AGED ABOUT 36 YEARS
2. MR MALLINATH TIPANETI S/O APPASAHEB, AGED ABOUT 64 YEARS
3. MRS ANURADHA A W/O MALLINATH TIPANETI AGED ABOUT 64 YEARS
(ALL THE PETITIONERS ARE R/O NO 19/461, 8TH CROSS BHUVANESWARI NAGAR, HEBBALA KEMPAPURA DASARAHALLY BANGALORE, BANGALORE -24 …PETITIONERS (BY SMT. GAYATHRI M.,ADVOCATE)
AND:
1. STATE OF KARNATAKA BY-AMRUTHAHALLY POLICE, BANGALORE CITY
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11123 CRL.P No. 115 of 2024 C/W CRL.P No. 1568 of 2024
BY-STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 1. 2. SMT HEMAVATHI W/O MR MAYURNATH M TIPANETI D/O V MUNIRAJU AGED ABOUT 38 YEARS R/O NO 19/146, 8TH CROSS BHUVANESWARI NAGAR, HEBBALA KEMPAPURA DASARAHALLY BANGALORE, BANGALORE -24
AND ALSO AT D/NO. 111, 27TH MAIN III CROSS HSR LAYOUT, I SECTOR, BANGALORE - 560 102. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1;
SRI. B MANOJ, ADVOCATE FOR SRI. M DEVARAJ, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY PRAYING TO QUASH THE ENTIRE CHARGE SHEET FILED BY THE AMRUTHAHALLY POLICE, BENGALURU CITY IN CR.NO.182/2023 AND ALL OTHER PROCEEDINGS ARISING OUT OF THE SAME CR. NO.182/2023 FOR THE OFFENCE P/U/S.498-A R/W SEC. 34 OF IPC AND SEC.3,4 OF DP ACT AND U/S.3(1)(r)(s) OF SC/ST (P.A) ACT 1989. IN CRL.P NO. 1568/2024
BETWEEN:
1. DR. APOORVA VENKATESH D/O R VENKATESH AGED ABOUT 33 YEARS R/O 16/14, BINNY CRESCENT BENSON TOWN NANDIDURGA ROAD BANGALORE-46. ...PETITIONER (BY SRI. GAYATHRI M., ADVOCATE)
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NC: 2025:KHC:11123 CRL.P No. 115 of 2024 C/W CRL.P No. 1568 of 2024
AND:
1. STATE OF KARNATAKA BY AMRUTHAHALLY POLICE BANGALORE CITY BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE-1. 2. SMT HEMAVATHI W/O MR MAYURNATH M TIPANETI D/O V MUNIRAJU AGED ABOUT 37 YEARS R/O NO.19/146, 8TH CROSS BHUVANESWARI NAGAR, HEBBALA KEMPAPURA DASARAHALLY BANGALORE-24
AND ALSO AT
D/NO.111, 27TH MAIN, III CROSS HSR LAYOUT, I SECTOR BANGALORE-560102. ...RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1;
SRI. B MANOJ, ADVOCATE FOR SRI.
M DEVARAJ, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC BY PRAYING TO QUASH THE ADDITIONAL CHARGE SHEET FILED BY THE AMRUTHAHALLY P.S. BENGALURU CITY ON 29.11.2023 IN CR.NO.182/2023(C.C.NO.2131/2023) FOR THE OFFENCE P/U/S 3(1)(r)(s) OF SC/ST (POA) ACT IN TO THE COURT OF THE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE, AND FURTHER BE PLEASED TO QUASH THE
ORDER OF TAKING COGNIZANCE FOR THE OFFENCE P/U/S 3(1)(r)(s) OF SC/ST (P.A) ACT 1989, DATED 05.01.2024 NOW PENDING ON THE FILE OF THE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE, AND SPL.JUDGE BENGALURU CITY BENGALURU IN C.C.NO.2131/2023.
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NC: 2025:KHC:11123 CRL.P No. 115 of 2024 C/W CRL.P No. 1568 of 2024
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners who are charge sheeted for the offences punishable under Section 498A of IPC and Section 3 and 4 of the Dowry Prohibition Act, and sections 3(1)(r)(s) of SC/ST POA Act, 1989 are before this Court seeking relief.
2. The prosecution alleges that the accused fully knowing that the defacto-complainant belongs to SC/ST community subjected her to cruelty, both mentally and physically and also demanded to bring money from her parental home.
3. The parties are present before this Court and have filed an application for compounding of the offences along with joint affidavit stating that they have amicably resolved the dispute. In terms of the settlement, the marriage of defacto- complainant with the accused No.1 has been dissolved mutually and the defacto-complainant has agreed to withdraw all allegations and have no objection for quashing the impugned proceedings against the petitioners. It is also undisputed that terms of the compromise has been complied with.
4. The application along with joint affidavit is placed on record.
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NC: 2025:KHC:11123 CRL.P No. 115 of 2024 C/W CRL.P No. 1568 of 2024
5. Though the offences alleged are cognizable and non-compoundable, however having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioners/accused are subjected to trial, since the probability of conviction of the petitioners/accused is remote and bleak in light of the settlement. Therefore, the continuation of criminal proceedings would amount to an abuse of the process of law.
6. Accordingly, I pass the following:
ORDER
i. Criminal petitions are allowed.
ii. The impugned proceedings in C.C.No.2131/2023 on the file of LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru insofar it relates to the petitioners herein is hereby quashed in both the petitions.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR List No.: 1 Sl No.: 142