Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16110 CRL.P No. 162 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 162 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SRI ANEESH KHAJURIA S/O SHRI RAJENDRA KHAJURIA AGED ABOUT 32 YEARS R/A 82-A, SECTOR 11 LANE NO.4, NANAK NAGAR JAMMU AND KASHMIR JAMMU AND KASHMIR-180 004.
2.
SMT. KIRAN KHAJURIA W/O RAJENDRA KHAJURIA AGED ABOUT 62 YEARS R/AT 82-A SECTOR 11 LANE NO.4, NANAK NAGAR JAMMU AND KASHMIR 180 004.
3.
SRI. RAJENDRA KHAJURIA S/O RAGHUNATH DASS AGED ABOUT 66 YEARS R/A 82-A, SECTOR 11 LANE NO.4, NANAK NAGAR JAMMU AND KASHMIR-180 004. …PETITIONERS (BY SRI. PATIL JAYASHREE RAVINDRA., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY S.H.O MICO LAYOUT POLICE STATION
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:16110 CRL.P No. 162 of 2024
BANGALORE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001.
2.
SMT MONA SRIVASTAVA W/O SRI. ANEESH KHAJURIA AGED ABOUT 38 YEARS RESIDING AT NO. 1443, 6TH CROSS 26TH MAIN, BTM 2ND STAGE BANGALORE-560 076. …RESPONDENTS (BY SRI. VINOD M., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET FILED BY THE RESPONDENT SHO, MICO LAYOUT POLICE STATION AT BENGALURU AGAINST THE PETITIONER NO.1-3 IN C.C.NO.31901/2021 (CR.NO.17/2021) FOR THE OFFENCE P/U/S.324,498A,504,506,34 OF IPC AND SEC.3 AND 4 OF D.P ACT ON THE FILE OF HONBLE CJM COURT (TRANSFERRED FROM VI ADDL.METROPOLITAN MAGISTRATE COURT BENGALURU).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER The learned High Court Government Pleader accepts notice for respondent No.1-State.
2. Sri M.Vinod, learned counsel files power on behalf of respondent No.2 and the same is placed on record.
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NC: 2025:KHC:16110 CRL.P No. 162 of 2024
3. The petitioners who have been charge sheeted for the offences punishable under Sections 324, 498A, 504, 506, r/w section 34 IPC and Section 3 and 4 of the Dowry Prohibition Act, are before this Court seeking relief.
4. The prosecution alleges that, accused No.1 husband and accused 2 and 3 are the parents-in-laws of the defacto- complainant and they subjected the defacto-complainant to cruelty, both mentally and physically and also demanded to bring money from her parental home.
5. The parties are present before this Court and they have filed an application for compounding stating that they have amicably resolved the dispute among themselves and the marriage of the accused No.1 with the defacto-complainant has been dissolved mutually in M.C.No.1457/2023 and in terms of the settlement, accused No.1 has paid a sum of Rs.10,00,000/- towards permanent alimony to the respondent No.2 and the respondent No. 2 who is present before this Court has agreed to withdraw all the allegations made against the petitioners and has no objections for quashing the impugned proceedings.
6. Although the offences alleged are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, and the respondent No.2 having agreed to withdraw all the allegations made by her, it would be futile exercise if the
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NC: 2025:KHC:16110 CRL.P No. 162 of 2024
petitioners -accused are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Therefore, the continuation of criminal proceedings will be an abuse of the process of law.
7. Accordingly, I pass the following:
ORDER i) Criminal petition is allowed. ii) The impugned proceeding in CC No.31901/2021 pending on the file of the 4th Additional Chief Metropolitan Magistrate Court, insofar it relates to the petitioners herein Bengaluru is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR List No.: 3 Sl No.: 19