- 1 - NC: 2025:KHC:3121 CRL.P No. 798 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 798 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. N. SHIVAKUMAR AGED ABOUT 47 YEARS, S/O.LATE S.M. NARSIMHASHETTY, PRESENTLY R/A NO.7, 9TH MAIN ROAD, 20TH CROSS, B.T.M 2ND STAGE, BENGALURU-560076. …PETITIONER (BY SRI. NAGESH S., ADVOCATE) AND: 1. STATE AMRUTHAHALLI POLICE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001. 2. SMT GOWRAMMA B D/O. BALLU AGED ABOUT 44 YEARS, R/AT NO.101, NEAR PILLEKAMMA TEMPLE, HEBBAL, BANGALORE-560024. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1; R2 SERVED BUT UNREPRESENTED) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3121 CRL.P No. 798 of 2023 THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.21831/2016 LODGED FOR THE ALLEGED OFFENCE P/U/S 3,4 OF D.P ACT AND SEC.498A,506 OF IPC WHICH IS PENDING ON THE FILE OF 7TH A.C.M.M., BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the husband, seeks quashing of the proceedings in C.C.No.21831/2016 pending on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Sections 498A and 506 of the Indian Penal Code, 1860. 2. Heard learned counsel for the petitioner, learned Additional SPP and perused the material on record. The respondent No.2 - wife having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that the petitioner was the husband of respondent No.2 and several - 3 - NC: 2025:KHC:3121 CRL.P No. 798 of 2023 litigations were pending between the petitioner and respondent No.2, all of which were amicably settled vide Memorandum of Settlement dated 06.04.2021 passed in M.C.No.6903/2019 filed by respondent No.2 against the petitioner. Paragraph No.9 of the Memorandum of Settlement reads as under: "The parties herein state that they shall co-operate in quashing/closing C.C.No.21831/2016 on the file of the VII ACMM filed U/Sec.498(A) r/w Sec.3 & 4 of D.P. Act filed by the petitioner against the respondent and others in view of this agreement. Similarly, the petitioner undertake to withdraw Crl.Misc.128/2017 (Execution) pending on the file of the VI MMTC." As is clear from the aforesaid settlement arrived at between the parties, respondent No.2 has agreed that she will co-operate in quashing/closing the instant proceedings in C.C.No.21831/2016 pending on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru. 4. Under these circumstances, continuation of the present proceedings against the petitioner would amount to abuse of process of law, especially when the parties have settled the - 4 - NC: 2025:KHC:3121 CRL.P No. 798 of 2023 dispute amongst themselves and respondent No.2 has agreed for getting the present proceedings quashed/closed. 5. Hence, the following: ORDER a. The petition is hereby allowed. b. The impugned proceedings in C.C.No.21831/2016 pending on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru are quashed qua the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB