Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:17535 CRL.P No. 1718 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1718 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SENTHIL MAGUDAPATHY S/O MAGUDAPATHY AGED ABOUT 35 YEARS, R/AT NO.34 5TH AVENUE THIRUVALLUR NAGAR BESANT NAGAR CHENNAI TAMIL NADU -600090.
2.
SELVI M W/O MAGUDPATHY AGED ABOUT 59 YEARS, R/AT NO.34, 5TH AVENUES THIRUVALLUR NAGAR BESANTH NAGAR CHENNAI TAMIL NADU -600090.
3. MAGUDAPATHY S/O CHINNASWAMY AGED ABOUT 66 YEARS, R/AT NIVIS HOTEL EB COLONY OPP TRICHY BYPASS ROAD, CHETTINICKENPATTI DINDIGUL TAMIL NADU -624004.
4.
NIVEDITHA @ M NIVEDITHA W/O HARIHARA SUDHAN AGED ABOUT 39 YEARS, R/AT 19, WEST CUTCHERY STREET,
Digitally signed by R HEMALATHA Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:17535 CRL.P No. 1718 of 2025
DHARAPURA TIRUPPUR, TAMIL NADU -638 656. …PETITIONERS (BY SMT. MAMATHA D N., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY BASAVANAGUDI SOUTH WORM PS REP BY SPP HIGH COURT OF KARNATAKA AT BENGALURU- 01.
2.
SUMITHA THANGAVELU W/O SENTHI MAGUDAPATHY A/O 34 YEARS, R/AT NO.2616/2617 8TH A MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU -560070. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1;
SRI. C V SRINIVASA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.571/2025 (CR.NO.0106/2024) REGISTERED BY THE 1ST RESPONDENT POLICE / SOUTH WOMEN POLICE STATION, BENGALURU, AGAINST THE PETITIONERS NO.1, 2, 3 AND 4 FOR THE OFFENCE P/U/S 498A, 323, 504, 506, 120B, 34 OF IPC, 1860 R/W SEC. 3 AND 4 OF D.P. ACT AND NOW THE CASE IS PENDING ON THE FILES OF HONBLE XXXVII ADDL. CJM AT BENGALURU (37TH ACJM, BENGALURU CITY).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
- 3 -
NC: 2025:KHC:17535 CRL.P No. 1718 of 2025
ORAL ORDER
Smt.D N Mamata, learned counsel files vakalath on behalf of the respondent No.2.
2. The petitioners (accused Nos.1 to 4), who have been charge sheeted for the offences punishable under Sections 498(A), 323, 504, 506, 120B, 34 of IPC read with Sections 3 and 4 of Dowry Prohibition Act, are before this Court seeking relief.
3. The prosecution alleges that the accused No.1 is the husband, accused Nos.2 and 3 are the parents-in- law and accused No.4 is the sister-in-law, and that they subjected the de facto complainant to cruelty both physically and mentally, and demanded money from the parental home.
4. The parties are present before this Court, and have filed a joint memo along with an affidavit. In the affidavit, the complainant states that her marriage with the accused No.1 has been dissolved mutually in MC No.2914/2025 before the IV Additional Family Court, Bengaluru. In terms of the settlement, the accused No.1 has paid a sum of Rs.45 lakh towards permanent alimony to the de facto complainant. As per the settlement, the de facto complainant has agreed to withdraw all allegations, and has no objection to quashing the impugned
- 4 -
NC: 2025:KHC:17535 CRL.P No. 1718 of 2025
proceedings. The said joint memo along with an affidavit are placed on record.
5. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering that the parties have amicably resolved the dispute, subjecting the petitioners to trial would serve no purpose. The likelihood of conviction is remote in light of the settlement. Therefore, continuing criminal proceedings against the petitioners would amount to an abuse of the legal process..
6. In view of the above, continuing the criminal investigation against the petitioners would amount to an abuse of the process of law.
7. Accordingly, the petition is allowed. The impugned criminal proceedings in CC No.571/2025 pending on the file of the learned XXXVII Additional Chief Judicial Magistrate at Bengaluru, is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
bkm, List No.: 1 Sl No.: 80