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2025 DAILYLAW 19054 (KAR)

SRI SUJAY M v. STATE OF KARNATAKA

CRL.P/3176/2025 · 2025-03-24

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:12369 CRL.P No. 3176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3176 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI SUJAY M S/O. LATE MAHADEVAIAH, AGED ABOUT 36 YEARS, R/AT NO. 519, SHIVABINDHU, GROUND FLOOR, ITI HBS LAYOUT, OPP. TO RAJARAJESHWARINAGR ARCH, MYSORE ROAD, NAYANDANAHALLI, BENGALURU 560 039. 2. SMT. LEELAVATHI W/O. LATE MAHADEVAIAH, AGED ABOUT 67 YEARS, R/AT NO. 519, SHIVABINDHU, GROUND FLOOR, ITI HBS LAYOUT, OPP. TO RAJARAJESHWARINAGAR ARCH, MYSORE ROAD, NAYANDANAHALLI, BENGALURU - 560 039. 3. SRI. RAGHUNANDHAN S/O. VISHWANATH ACHARYA, AGED ABOUT 43 YEARS, R/AT NO. 519, SHIVABINDHU, FIRST FLOOR, ITI HBS LAYOUT, OPP. TO RAJARAJESHWARINAGAR ARCH, MYSORE ROAD, NAYANDANAHALLI, BENGALURU-560 039. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12369 CRL.P No. 3176 of 2025 4. SMT. SHRUTHI.M, W/O. RAGHUNANDHAN.J.V, AGED ABOUT 39 YEARS, R/AT NO. 519, SHIVABINDHU, FIRST FLOOR, ITI HBS LAYOUT, OPP. TO RAJARAJESHWARINAGAR ARCH, MYSORE ROAD, NAYANDANAHALLI, BENGALURU-560 039. …PETITIONERS (BY SRI. GIRISH D.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, BENGALURU CITY, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560001. 2. SMT. KAVYASHREE C.N, W/O. SUJAY. M, AGED ABOUT 32 YEARS, R/AT. NO. 77, 20TH MAIN ROAD, SMS LAYOUT, 5TH STAGE J P NAGAR BENGALURU-560 078. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; SRI. CHANDAN SANJAY BHAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C. NO. 17729/2022 PENDING ON THE FILE OF XXXVII ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU, REGISTERED BY RESPONDENT NO.1 BASAVANAGUDI WOMEN POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 506 INDIAN PENAL CODE, 1860 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT. - 3 - NC: 2025:KHC:12369 CRL.P No. 3176 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners-accused who were charge sheeted for the offences punishable under Sections 498A, 504, 506 of Indian Penal Code, 1860, and section 3 and 4 of Dowry Prohibition Act, are before this Court seeking relief. 2. The prosecution alleges that accused, No.1 is the husband, accused No.2 is the mother-in-law, accused No.3 is the brother-in-law of accused No.1 and accused No.4 is the sister of accused No.1 and they subjected respondent No.2- defacto complainant to cruelty, both mentally and physically, and also a demand was made to bring money from the parental home. 3. The parties are present before this Court and the petitioners have annexed the memorandum of settlement under Section 89 of Code of Civil Procedure, 1908 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, which discloses that the defacto-complainant had filed a petition in MC.No.3893/2022 for dissolution of his marriage with the accused No.1 on the ground of cruelty and the matter was referred to the Mediation Centre, Bengaluru to explore the possibility of settlement between the parties. - 4 - NC: 2025:KHC:12369 CRL.P No. 3176 of 2025 4. The parties before the Mediation Centre amicably resolved the dispute among themselves, and in terms of the settlement, the marriage of accused No.1 with the defacto– complainant has been dissolved mutually, and the petitioner No.1-accused No.1 has agreed to pay a sum of Rs.7,00,000/-, as full and final settlement towards permanent alimony to respondent No.2 before this Court at the time of reporting settlement, and respondent No.2 has agreed to withdraw all the allegations made against the petitioners. 5. The respondent No.2 who is present before this Court has acknowledges the receipt of Rs.7,00,000/- towards full and final settlement of permanent alimony, subject to realization, and further she has stated that she has objection for quashing the impugned proceedings. 6. Though the offences alleged are cognizable and non-compoundable, however, however, having regard to the fact that, the parties have amicably settled the dispute among themselves, and marriage has been dissolved mutually, and permanent alimony of Rs.7,00,000/- has been paid to the complainant, and the respondent No.2 having no objection for quashing the impugned proceedings, it would be a futile exercise, if the petitioners are subjected to trial, since, the probability of their conviction are remote and bleak, in view of the settlement arrived between them. Hence, the continuation of the criminal proceedings against the accused-petitioners will be an be abuse of the process of law. - 5 - NC: 2025:KHC:12369 CRL.P No. 3176 of 2025 7. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in C.C.17729/2022, on the file of the XXIV Additional Chief Judicial Magistrate Court, Bengaluru, insofar it relates to petitioners-accused herein stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR