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2025 DAILYLAW 18307 (KAR)

SRI SRIVATHSA SREEKANTHA v. STATE BY BASAVANAGUDI WOMEN POLICE STATION

WP/6671/2025 · 2025-04-17

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:16017 WP No. 6671 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6671 OF 2025 (GM-RES) BETWEEN: 1. SRI SRIVATHSA SREEKANTHA AGED ABOUT 33 YEARS, S/O SREEKANTH S, 2. SMT. GEETHA SREEKANTHA, AGED ABOUT 58 YEARS, W/O SREEKANTH S, 3. SRI. SREEKANTHA, AGED ABOUT 63 YEARS, S/O R S IYENGAR, 4. SRI. SRIKRISHNA S AGED ABOUT 24 YEARS, S/O S SREEKANTH, ALL RESIDING AT RESIDING AT NO.10/192, 5TH CROSS, BASAVESHWARANAGARA, BENGALURU- 560079. …PETITIONERS (BY SRI. SUNIL S., ADVOCATE) AND: 1. STATE BY BASAVANAGUDI WOMEN POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA ANNEX HIGH COURT BUILDING BANGALORE - 560 001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16017 WP No. 6671 of 2025 2. SMT. AISHWARYA SHARMA, AGED ABOUT 27 YEARS, D/O R SUBRAMANYESWARA SHARMA, RESIDING AT FLAT NO.314, APOORVA DEW DROPS APARTMENT, NEAR NANDI GARDEN, ANJANAPURA, BENGALURU-560 108 …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; SMT. RAJALAXMI K ANKALAGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE COMPLAINT AND FIR IN CR.NO.0036/2024 DT.7/2/2024 FILED BEFORE 37TH ADDL. CMM COURT BY THE R1 POLICE VIDE ANNX-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for respondent No.1-State. 2. Smt. Rajalaxmi K. Ankalagi, learned counsel files vakalath on behalf of respondent No.2 and the same is placed on record. - 3 - NC: 2025:KHC:16017 WP No. 6671 of 2025 3. The petitioners challenges the registration of the first information report (FIR) for the offences punishable under Section 498A r/w Section 34 of IPC and section 4 of Dowry Prohibition Act in Crime No.36/2024. 4. The 2nd respondent lodged the FIR alleging that accused No.1 is the husband and other accused are the relatives of accused No.1 and they subjected the defacto- complainant to cruelty, both mentally and physically, and also demanded to bring money from the parental home. 5. The parties are present before this Court and they have filed an application for compounding along with an affidavit stating that the defacto-complainant-respondent No.2 and accused No.1 had resolved the dispute among themselves in M.C. No.7514/2024, and in terms of the settlement, their marriage has been dissolved mutually, and the respondent No.2 has agreed to withdraw all the allegations made against the petitioners and has no objection for quashing the impugned FIR. 6. The application along with the affidavit is placed on record. 7. Although the offences alleged are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be futile to subject the petitioners for further - 4 - NC: 2025:KHC:16017 WP No. 6671 of 2025 investigation, since the probability of Police filing the charge sheet is unlikely in view of the settlement between them. In such circumstances, continuation of the further investigation would be an abuse of the process of law. 8. Accordingly, the petition is allowed. 9. The impugned FIR in Crime No.36/2024 registered by the Basavanagudi Women Police Station, Bangalore, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 228