Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9410 CRL.P No. 1747 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1747 OF 2025 BETWEEN:
1.
LATHESH KUMAR R S/O LATE M RAJU AGED ABOUT 34 YEARS R/AT NO. 52, 829/1 1ST D CROSS, 2ND MAIN BYRAVESHWARANAGAR LAGGERE, BENGALURU 560 058. …PETITIONER (BY SRI. DINESHKUMAR RAO K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY BASAVANAGUDI WOMN POLICE STATION BANGALORE 560 004.
(REPRESENTED BY STATE PUBLIC PROSECUTOR HIGHCOURT BUILDINGS BENGALURU 560 001 )
2.
SMT. MAMTHA MG D/O SRI GANGDHARAIAH W/O LATHESH KUMAR AGED ABOUT 26 YEARS R/AT NO. 29, 3RD FLOOR 2ND MAIN ROAD, 1ST STAGE HEGGANAHALLI, BENGALURU 560 091. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1;
SRI. N M BHAT, ADVOCATE FOR R2)
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9410 CRL.P No. 1747 of 2025
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE REGISTRATION OF FIR AND COMPLAINT AGAINST PETITIONER IN CR.NO.279/2023, PENDING ON THE FILE OF 37th ACMM COURT, BENGALURU, FOR THE OFFENCES P/U/S 498(A),504,506 OF IPC, U/S 3 AND 4 OF DP ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER The petitioner who is facing investigation for the offence punishable under sections 498A, 504, 506 of IPC, and under section 4 and 5 of the Dowry Prohibition Act.
2. The allegation against the petitioner –accused is that, he is husband of the complainant and he subjected her to cruelty, both mentally and physically, and a demand was made to bring money from her parental home.
3. The parties are present before this Court and the petitioner has enclosed the copy of the application filed under section 482 r/w 320 (8) of Cr.P.C., for compounding of the offences stating that they have resolved the dispute and in terms of the settlement, their marriage has been dissolved and respondent No.2 has agreed to withdraw all the allegation, and she has no objection for quashing the impugned FIR.
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NC: 2025:KHC:9410 CRL.P No. 1747 of 2025
4. The application is placed on record.
5. Though the offences alleged against the petitioner are cognizable and non-compoundable, however having regard to the fact the parties have settled the dispute between themselves, and it would be a futile exercise to subject the petitioner to an investigation, since the probability of police filing the charge sheet is remote and bleak in view of the settlement arrived between the parties. Therefore, continuation of the investigation against the petitioner would amounts to abused of the process of law.
6. Accordingly, the petition is allowed. The impugned FIR in crime No.279/2023, registered by the Basavanagudi Women Police Station, Bengaluru, insofar it relates to the petitioner herein is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR List No.: 1 Sl No.: 43