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2025 DAILYLAW 14620 (KAR)

SRI.SIMON DEVARAJ v. STATE OF KARNATAKA

CRL.P/1165/2025 · 2025-04-15

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:15696 CRL.P No. 1165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1165 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI.SIMON DEVARAJ S/O LATE ARUN KUMAR, AGED ABOUT 35 YEARS, NO-862, 2ND G CROSS, 8TH A MAIN ROAD, 3RD BLOCK, 3RD STAGE, BASAVESHWARANAGARA, NEAR NETHAJI GROUND, BENGALURU- 560 079. 2. SMT. SHEETAL KIRAN, W/O KIRAN, AGED ABOUT 45 YEARS R/AT NO-G.T. STREET, ADUGODI BENGALURU-560 030. 3. SMT. DEENA SHILPA D/O LATE ARUN KUMAR, AGED ABOUT 43 YEARS, NO-176/2, NARASHIMHA RAJU HOUSE ROAD, MANGAMMANAPALYA, MADIWALA, BOMMANAHALLI, BENGALURU-560 068. …PETITIONERS (BY SRI. G. RAGHU, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, HAL POLICE STATION, BANGALORE CITY Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15696 CRL.P No. 1165 of 2025 REPRESENTED BY THE LEARNED SPP, HIGH COURT, BENGALURU-560 001. 2. SMT. JHANSI RANI, W/O SRI. SIMON DEVARAJ, D/O PALANI VELU, AGED ABOUT 35 YEARS, NO-12, KOSHY'S COTTAGE, 27TH MAIN, 2ND CROSS, V.G.S. LAYOUT, EJIPURA, BANGALORE-560 047. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. JAGANATH C.M., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO. 55313/2022 PENDING ON THE FILE OF 29TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, MAYOHALL, AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A OF IPC AND SECTION 4 OF DOWRY PROHIBITION ACT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners-accused Nos. 1, 3 and 4 who have been charge sheeted for the offences punishable under Sections 498A of IPC and under Section 4 of the Dowry Prohibition Act are before this Court seeking relief. 2. The prosecution alleges that, accused No.1 husband, accused Nos.3 and 4 sisters-in-laws of the defacto - 3 - NC: 2025:KHC:15696 CRL.P No. 1165 of 2025 complainant 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 along with their respective counsels and have filed a joint memo stating that they have amicably resolved the dispute among themselves and in terms of the settlement, the marriage of accused No.1 with the defacto-complainant-respondent No.2 has been dissolved mutually. Accused No.1 has agreed to pay a sum of Rs.5 Lakh towards permanent alimony, out of which, Rs.2,50,000/- was already paid before the Family Court in M.C.No.243/2022 and balance amount of Rs.2,50,000/- is paid by way of demand draft before this Court and the receipt of which is acknowledged by the defacto-complainant who is present before Court subject to realisation. The respondent No.2 has agreed to withdraw all the allegations made against the petitioners and has no objections for quashing the impugned proceedings. 4. The Joint memo is placed on record. 5. 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 petitioners -accused are subjected to trial, since the probability of their conviction is remote and bleak in view of the - 4 - NC: 2025:KHC:15696 CRL.P No. 1165 of 2025 settlement. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. 6. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned proceeding in C.C.No.55313/2022 pending on the file of the 29th Additional Chief Judicial Magistrate Court, Mayohall, Bengaluru is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 1