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2025 DAILYLAW 14633 (KAR)

PRAVEEN KUMAR A v. THE STATE BY

CRL.P/1144/2025 · 2025-02-05

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:5287 CRL.P No. 1144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1144 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. PRAVEEN KUMAR A., S/O ANDANAPPA, AGED ABOUT 30 YEARS, 2. ANNAPOORNA, W/O ANDANAPPA, AGED ABOUT 54 YEARS, 3. ANDANAPPA, S/O LATE PAKIRAPPA AGED ABOUT 68 YEARS. 4. PRASHANTH KUMAR A., S/O ANDANAPPA, AGED ABOUT 32 YEARS, 5. NAYANA K.C. W/O PRASHANTH KUMAR. A, AGED ABOUT 24 YEARS, ALL ARE RESIDING AT NO. 86, 4TH CROSS, ANNAPOORNESHWARI LAYOUT, KODIPALYA, KENGERI, BENGALURU-560 060. …PETITIONERS (BY SRI. VISHWANATH M. P.,ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5287 CRL.P No. 1144 of 2025 AND: 1. THE STATE BY KENGERI POLICE STATION, REPRESENTED BY ITS SHO. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. SMT. SAHANA.G. W/O PRAVEEN KUMAR A., AGED ABOUT 24 YEARS, NOW DIVORCED, EARLIER RESIDING AT NO. 86, 4TH CROSS, ANNAPOORNESHWARI HOMES, KODIPALYA, KENGERI, BENGALURU-560 060. PRESENTLY RESIDING AT NO. 3, 5TH MAIN, SHAKER NAGAR, MAHALAKSHMI LAYOUT, BENGALURU-560 086 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; NOTICE TO R2 IS DISPENSED WITH, V/O. DATED 05.02.2025) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO. 2757/2024 (CRIME NO. 541/2023), OF RESPONDENT KENGERI POLICE STATION, BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498(A) OF IPC AND UNDER SECTIONS 3 AND 4 OF DP ACT, PENDING ON THE FILE OF THE LEARNED VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:5287 CRL.P No. 1144 of 2025 ORAL ORDER Petitioners seek the following relief: "Wherefore, the petitioners / accused Nos.1 to 5 above named most respectfully prays that this Hon'ble court be pleased to quash the entire proceedings in C.C.No.2757/2024 (Crime No.541/2023) of respondent - Kengeri Police Station, Bengaluru, for the offence punishable under Section 498(A) of IPC and under Sections 3 and 4 of DP Act, pending on the file of the learned VI Additional Chief Judicial Magistrate, Bengaluru, in the interest of justice and equity." 2. Heard the learned counsel for the petitioners and learned Additional SPP for respondent No.1 and perused the material on record. For the order proposed notice to respondent No.2 is dispensed with. 3. A perusal of the material on record will indicate that respondent No.2 is the wife of the petitioner No.1, while petitioners 2 and 3 are his parents, petitioner No.4 is the brother of petitioner No.1 and petitioner No.5 is the wife of petitioner No.4. The respondent No.2 instituted proceedings against the petitioners which are pending in C.C.No.2757/2024 - 4 - NC: 2025:KHC:5287 CRL.P No. 1144 of 2025 before the Trial Court. Meanwhile, in the matrimonial proceedings in M.C.No.7711/2024, the petitioner No.1 settled the dispute with respondent No.2 who undertook that she will co-operate with the first respondent for ensuring closure, quashment of the impugned proceedings as agreed / undertaken in paragraph No.8 of Memorandum of Settlement which reads as under: "8. In view of this settlement the 2nd petitioner shall co-operate with the 1st petitioner for ensuring closure/quashment of C.C.No.2757/2024 on the file of VI ACJM, Bengaluru by filing necessary petition for quashing filed before Hon'ble High Court of Karnataka, Bengaluru." 4. The said Memorandum of Settlement culminated in a decree for divorce by mutual consent. Under these circumstances, in view of the settlement arrived at between the petitioner No.1 and respondent No.2 in M.C.No.7711/2024, in which the respondent No.2 has undertaken unconditionally to withdraw the present impugned proceedings and ensure their closure, in order to secure the ends of justice, it would be just and appropriate to quash the impugned proceedings. - 5 - NC: 2025:KHC:5287 CRL.P No. 1144 of 2025 5. In the result, the following ORDER i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.2757/2024 (Crime No.541/2023) registered by Kengeri Police Station, Bengaluru, pending on the file of the learned VI Additional Chief Judicial Magistrate, Bengaluru, qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE AP List No.: 1 Sl No.: 28