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2025 DAILYLAW 15650 (KAR)

SRI RAGHAVENDRA J P v. THE STATE OF KARNATAKA

CRL.P/1582/2025 · 2025-04-15

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:15552 CRL.P No. 1582 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. 1582 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI RAGHAVENDRA J P AGED ABOUT 37 YEARS, S/O LATE PRAKASHA D.S, R/AT NO. 278, 7TH MAIN ROAD, 9TH BLOCK, 2ND STAGE, NAGARBHAVI, BENGALURU NORTH, BENGALURU CITY, BENGALURU - 560 040. 2. SMT. JAYANTI W/O PRAKASH D.S AGED ABOUT 64 YEARS RESIDING AT: R/A NO.278, 7TH MAIN ROAD, 9TH BLOCK, 2ND STAGE, NAGARABAVI, BANGALORE NORTH, BANGALORE CITY, BANGALORE - 560 040. …PETITIONERS (BY SRI. SHARATH S. GOGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ANNAPOORNESHWARI NAGAR POLICE STATION, BANGALORE REP. BY THE SPP, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15552 CRL.P No. 1582 of 2025 HIGH COURT BUILDING, BANGALORE-560 001. 2. SMT. NANDINI N. AGED ABOUT 36 YEARS, D/O NANJUNDAIAH M, W/O RAGHAVENDRA J.P., R/AT NO.11, 3RD CROSS, 8TH MAIN, VASANTHA NAGAR, BENGALURU CITY, BENGALURU- 560 052. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE COMPLAINT DATED 26.03.2021, FIR IN CR NO.80/2021 DATED 27.03.2021 AND CHARGE-SHEET FILED BY THE FIRST RESPONDENT BEFORE THE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN C.C NO.24048/2021 IN RESPECT OF THE OFFENCE PUNISHABLE UNDER SECTION 498A, 506 R/W 34 OF IPC AGAINST THE PETITIONER HEREIN AND TAKING OF COGNIZANCE BY THE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU (ANNEXURE - A,B, C AND D) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader accepts notice for respondent No.1. 2. The petitioners (accused Nos.2 and 4), who have been charge-sheeted for offences punishable under - 3 - NC: 2025:KHC:15552 CRL.P No. 1582 of 2025 Sections 498-A and 506 read with Section 34 of the IPC, are before this Court seeking relief. 3. The prosecution alleges that accused No.1 and his relatives subjected the de facto complainant to mental and physical cruelty and threatened her with dire consequences. The petitioners have annexed a copy of the memorandum of settlement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 4. A perusal of the memorandum of settlement indicates that the marriage between accused No.1 and the de facto complainant has been mutually dissolved in M.C. No.5132/2020. In terms of the settlement, accused No.1 has agreed to pay a sum of Rs.13 lakh to the de facto complainant towards permanent alimony, which has already been paid. 5. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioners to trial would serve no purpose. 6. In light of the fact that the material witnesses have no objection to quashing the impugned proceedings, it - 4 - NC: 2025:KHC:15552 CRL.P No. 1582 of 2025 would be a futile exercise to subject the petitioners to trial, as the probability of their conviction is remote and bleak in light of the settlement. Even otherwise, a perusal of the charge sheet material does not satisfy the essential ingredients required to constitute an offence punishable under Section 498-A of the IPC. In such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in CC No.24048/2021 pending on the file of the learned V Addl. Chief Metropolitan Magistrate, Bengaluru is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 11