Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:12032 CRL.P No. 1620 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1620 OF 2025
BETWEEN:
SUDHIR UDAYAKANTH S/O. UDAYAKANTH, AGED ABOUT 51 YEARS 806,8TH FLOOR EVITA, HOUSE OF HIRANANDANI, AKSHYA NAGAR, BEGUR ROAD, HULIMAVU, BANGALORE - 560 068
…PETITIONER (BY SRI. SURESH KUMAR S.,ADVOCATE)
AND:
1. STATE OF KARNATAKA THROUGH CCB POLICE BENGALURU 560002. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560001
2. MRS. JEENA KUNHIRAMAN WIFE OF SUDHIR UDAYAKANTH. DAUGHTER OF SRI. N. K. KUNHIRAMAN, AGED ABOUT 50 YEARS NO. A-601, CLUB MEADOWS, HOUSE OF HIRANANDANI, AKSHYA NAGAR, BEGUR ROAD, HULIMAVU,
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:12032 CRL.P No. 1620 of 2025
BANGALORE-560 076 EMAIL:JEENAK@GMAIL.COM …RESPONDENTS (BY SRI. M R PATIL , HCGP FOR R1 NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 17/06/2021 IN CRIME NO. 12/2021 NOW REGISTERED AS C.C NO. 13065/2021 PASSED BY THE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU THEREBY TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A) OF INDIAN PENAL CODE AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT AGAINST THE PETITIONERS WHO IS ACCUSED VIDE ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner/accused, who is charge sheeted for the offence punishable under Section 498-A of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court. 2. The prosecution alleged that, the petitioner/accused/husband subjected the de-facto complainant/wife to cruelty both mentally and physically and also demanded to bring money from the parental home. - 3 -
NC: 2025:KHC:12032 CRL.P No. 1620 of 2025
3. Heard the learned counsel for the petitioner and learned HCGP for the State. 4. The petitioner has annexed the copy of the order sheet in MC No.6955/2019 and in the said proceedings the parties have amicably resolved the dispute among themselves and in terms of the settlement, their marriage has been dissolved and the complainant has agreed to withdraw all the allegations and no objection for quashing the impugned proceedings. 5.
In terms of the settlement, the petitioner has settled all the claims of the complainant. 6. Although the offences alleged are cognizable and non-compoundable, given the fact that the parties have amicably resolved the dispute among themselves, it would be futile, if the petitioner is subjected to trial since the probability of his conviction is remote and bleak in view of the settlement. In such circumstances, the continuation of the criminal proceedings would be an abuse of the process of law. 7. Accordingly, Criminal Petition is allowed. The impugned proceedings in C.C.No.13065/2021 pending on the
- 4 -
NC: 2025:KHC:12032 CRL.P No. 1620 of 2025
file of V Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE
ND List No.: 1 Sl No.: 143