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2025 DAILYLAW 15631 (KAR)

SRI VINAY M P v. THE STATE OF KARNATAKA

CRL.P/1396/2025 · 2025-01-30

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:4720 CRL.P No. 1396 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1396 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI VINAY M P SON OF SRI. PRASAD M N D AGED ABOUT 32 YEARS, RESIDING AT NO.65, 2ND FLOOR, 8TH CROSS, SWAMI VIVEKANANADA LAYOUT BANGALORE – 560 092. …PETITIONER (BY SRI. AKKI MANJUNATH GOWDA K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA MYSORE CITY WOMENS POLICE STATION MYSORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, BANGALORE – 560 001. 2. SMT. B S MEGHANA W/O VINAY M.P AGED ABOUT 30 YEARS RESIDING AT 795 12TH MAIN ROAD, 14TH CROSS ROAD SARASWATHIPURAM MYSURU – 570 009. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 SRI. KIRAN KUMAR.D.K, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.17/2024 AGAINST THE PETITIONER, FOR THE OFFENCES P/U/S 498(A) R/W 34 OF IPC, U/S 4 OF DP ACT, PENDING ON THE FILE OF THE VII ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, AT MYSORE, COMPOUNDING THE OFFENCES INITIATED BY THE RESPONDENT NO.1 ON THE COMPLAINT OF RESPONDENT NO.2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4720 CRL.P No. 1396 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “ WHREFORE, in view of the above said facts and circumstances it is most respectfully prayed that this Hon’ble Court be pleased to pass appropriate orders or directions quashing the FIR in Crime No. 17/2024 against the petitioner for the offences punishable under Section 498A r/w 34 of IPC read with Section 4 of Dowry prohibition Act, pending on the file of the VII Additional Civil Judge (Jr.Dn) & JMFC, at Mysore, compounding the offences initiated by the respondent No.1 on the complaint of Respondent No.2, in the interest of justice.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 30.01.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1 and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- - 3 - NC: 2025:KHC:4720 CRL.P No. 1396 of 2025 “ We, i) SRI. VINAY M P Son of Sri, Prasad M N D Aged about 32 years, Residing at No: 65, Second Floor, Eighteenth Cross, Swami Vivekananda Layout, Amrutahalli, Bengaluru – 560 092, (ii) SMT B S MEGHANA Daughter of B N Shantha Malleshappa Aged about 30 years Residing at NO: 795, Twelth Main Road, Fourteenth Cross Road, Saraswathipuram Mysore- 570 009 now camping in Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. We submit that we are aware of the facts and circumstances of the above petition and we are competent to swear to this affidavit. 2. We submit that, Being aggrieved by the registration of the FIR in Crime No. 17/2024 against the petitioners/ Accused for the offences punishable under Section 498A r/w 34 of IPC read with Section 4 of Dowry Prohibition Act, pending on the file of the VII Additional Civil Judge (Jr.Dn) & JMFC, at Mysore, the petitioners have filed the instant Petition to quash the said FIR. 3. We submit that, The parties have come to a conclusion to resolve the entire disputes between themselves, unconditionally. The matrimonial discord and other issues were amicably settled between the Second petitioner Smt. B.S. Meghana and Sri. Vinay M P in 13B petition in M.C.No.1128/2024 before the Prl. Judge, Family Court, Mysuru, posted for argument on 03.02.2025. 4. We submit that, the petitioner and second respondent withdraw and co-operate closure of all the following litigation. (i) O.S.No.572/2024 pending before Prl. Senior Civil Judge and CJM at Mysuru, (ii) Crl.Misc. - 4 - NC: 2025:KHC:4720 CRL.P No. 1396 of 2025 268/2024 pending before Prl. Family Court at Mysuru. (iii) C.P.No. 284/2024 pending before High Court of Karantaka. The Second respondent agrees to co-operate quash the proceeding in Crl. P 2286/2024 pending before High court of Karnataka. The First respondent agrees to withdraw the M.C.No. 2579/2024 pending before the 3rd Addl. Family Judge, at Bangalore; 5. WHEREFORE, it is humbly prayed that this Hon’ble Court be pleased to Quash the FIR in Crime No. 17/2024 against the Petitioner/s Accused for the offences punishable under Section 498A r/w 34 of IPC read with Section 4 of Dowry prohibition Act, pending on the file of the VII Additional Civil Judge (Jr.Dn.) & JMFC, at Mysore. We the Deponents do hereby declare that what is stated above is true and correct to the best of our knowledge, belief and information and the signatures found in this affidavit are our own.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 30.01.2025. (ii) All further proceedings pursuant to FIR in Crime No.17/2024 registered by the 1st respondent – Police for the offences punishable under Section 498-A r/w 34 of IPC and under - 5 - NC: 2025:KHC:4720 CRL.P No. 1396 of 2025 Section 4 of the D.P.Act, pending on the file of VII Addl.Civil Judge (Jr.Dn) & JMFC, Mysore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 4 Sl No.: 6