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2025 DAILYLAW 13420 (KAR)

BHANUPRAKASH v. STATE OF KARNATAKA

CRL.P/473/2025 · 2025-03-07

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:9833 CRL.P No. 473 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 473 OF 2025 BETWEEN: 1. BHANUPRAKASH S/O LATE MARULASIDDAIAH AGED ABOUT 36 YEARS, NO-23 BUILDING, HOUSE NO-104, 2ND FLOOR, NR WHITE, APRTS, INDOCOIL, SINGASANDRA, BANGALORE-560 068. 2. SMT. PANKAJA,W/O VISHWANATH, AGED ABOUT 40 YEARS. 3. VISHWANATH,S/O LATE SHANTHAPPA, AGED ABOUT 42 YEARS, PETITIONER NO.2 AND 3 ARE RESIDING AT SHADAKSHARA BADAVANE, TIPTUR, TUMAKURU-572 201. …PETITIONERS (BY SRI. DODDATHAMME GOWDA M L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY EAST ZONE WOMEN P.S. REP BY SPP HIGH COURT BUILDING BANGALORE-560 001. 2. DEEPA, W/O BHANUPRAKASH, AGED ABOUT 30 YEARS R/A NO-11, YASHAS, 2ND FLOOR, 4TH MAIN ROAD, NEAR MRB APTS, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9833 CRL.P No. 473 of 2025 JAGAJYOTHI BADAVANE, KENCHANAPURA CROSS, BANGALORE-560 056. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1; SRI. K P CHANDRASHEKAR REDDY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CC NO. 21663/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 323, 338, 504, 506 R/W 34 OF IPC AND SECTION 3 & 4 OF D.P ACT ON THE FILE OF 11TH ACJM AT MAYO HALL, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Petitioners are facing trial for the offences punishable under Sections 498(A), 323, 338, 504, 506 r/w Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, are before this Court seeking relief. 2. The prosecution alleges that accused No.1 is the husband, accused No.2 is the sister-in-law and accused No.3 is the husband of accused No.2, and they subjected the respondent No.2-defacto complainant to cruelty both mentally and physically, and also demanded to bring dowry from the parental home. 3. The petitioner-accused No.1 and respondent No.2 defacto-complainant are present before this Court and they have filed an application for compounding of the offences - 3 - NC: 2025:KHC:9833 CRL.P No. 473 of 2025 stating that they have amicably resolved the dispute among themselves in M.C.No.2774/2023, and in terms of the settlement their marriage has been dissolved, and respondent No.2-defacto complainant has agreed to withdraw all the allegation made against the petitioners-accused and has no objections for quashing of the impugned proceedings. Out of Rs.2,50,000/- towards permanent alimony, a sum of Rs.1,25,000/- was received by the defacto complainant before the Family Court and balance amount of Rs.1,25,000/- is received through Demand Draft subject to realization. 4. The application is placed on record. 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. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.21663/2022 on the file of XI Additional Chief Judicial Magistrate Court, Mayo Hall, Bangalore, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR