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2025 DAILYLAW 17588 (KAR)

SRI GIRISH D S v. THE STATE OF KARNATAKA

CRL.P/1846/2024 · 2025-03-19

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:11498 CRL.P No. 1846 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1846 OF 2024 BETWEEN: 1. SRI GIRISH D S S/O SANNATHIMMAIAH AGED ABOUT 32 YEARS 2. SMT. CHIKKAMMA W/O SANNATHIMMAIAH AGED ABOUT 68 YEARS 3. SRI SANNATHIMMAIAH S/O LATE BETTANNA AGED ABOUT 68 YEARS PETITIONER NOS.1 TO 3 ARE R/AT ANUGRAHA NILAYA KHAJANE EXTENSION VAKKODI MAIN ROAD HEGGERE EXTENSION TUMAKURU-572 223. 4. SRI SRINIVASAMURTHY D.S., @ SRINIVAS S/O SANNATHIMMAIAH AGED ABOUT 36 YEARS. 5. SMT. JAYSHREE P K W/O SRINIVASAMURTHY AGED ABOUT 23 YEARS PETITIONER NOS.4 AND 5 ARE R/AT 2ND CROSS NEAR VENKATESHWARA TEMPLE JAGADISH LAYOUT, Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11498 CRL.P No. 1846 of 2024 SHANTHINGARA TUMAKURU-572 223. …PETITIONERS (BY SRI. KALLEGOWDA S.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA WOMEN POLICE STATION TUMKURU REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001. 2. SMT. VARSHA J, W/O GIRISH D S D/O JAGADEESH G C AGED ABOUT 25 YEARS R/AT SHIVAKRUPA 5TH CROSS, SARASWATHI PURAM TUMKURU TOWN TUMAKURU-572 223. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; SRI. NATARAJU T., ADVOCATE FOR R-2) THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR NO.93/2023 REGISTERED BY THE 1ST RESPONDENT WOMEN POLICE STATION TUMKUR WHICH IS PENDING BEFORE THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND JMFC AT TUMAKURU, FOR THE OFFENCE P/U/S 498A, 504, 506 R/W 34 OF IPC AND U/S 4 OF D.P. ACT, AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:11498 CRL.P No. 1846 of 2024 ORAL ORDER The petitioners who are facing investigation for the offences punishable under Sections 498A, 504, 506 r/w section 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961 are before this Court seeking relief. 2. The prosecution alleges that accused No.1 is the husband of the complainant and other accused are the relatives of accused No.1 and they subjected the defacto complainant to cruelty, both mentally and physically, and also a demand was made to bring money from the parental home. 3. Parties are present before this Court and they have filed an application for compounding along with the joint affidavit stating that they have amicably settled the disputes among themselves, and the marriage of the accused No.1 with the defacto complainant has been dissolved mutually in M.C.No.336/2023, on 23.02.2024 and the defacto complainant who is present before this Court has agreed to withdraw all the allegations made against the petitioners- - 4 - NC: 2025:KHC:11498 CRL.P No. 1846 of 2024 accused herein and has no objection for quashing the impugned FIR. 4. The application is placed on record. 5. Though the offences alleged are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves, it would be an abuse of process of law to subject the petitioners to investigation, since probability of the Police filing the charge sheet is unlikely in view of the settlement. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned FIR in Crime 93/2023 registered by the Tumakuru Women Police Station, insofar it relates to petitioners-accused herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 8