Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 19464 (KAR)

ANIL D N v. THE STATE OF KARNATAKA

WP/8418/2025 · 2025-04-26

Hemant Chandangoudar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17674 WP No. 8418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8418 OF 2025 (GM-RES) BETWEEN: 1. ANIL D.N, S/O NANJEGOWDA, AGED ABOUT 36 YEARS, R/O NO. 25/3, SHANTIGRAMA HOBLI, DUMMAGERE, PO MARKULI, HASSAN, KARNATAKA. 2. SMT. LATHA W/O NANJEGOWDA, R/O NO. 25/3, SHANTHIGRAMA HOBLI, DUMMAGERE, PO MARKULI, HASSAN, KARNATAKA. …PETITIONERS (BY SRI. NANDA KISHORE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY HCGP, HIGH COURT BLDG, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. DEEPIKA ARADHYA. P, D/O. LATE. H. PAPANNA ARADHYA, AGED ABOUT 36 YEARS, NO.663, 7TH CROSS, 5TH BLOCK, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. …RESPONDENTS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17674 WP No. 8418 of 2025 (BY SRI. LAKSHMAN B, HCGP FOR R1; SRI. M.N. NEHRU, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR NO.205/2019 DATED 27.9.2019 REGISTERED BY ANNAPOORANESHWARINAGAR POLICE STATION UNDER SECTION 198A AND 323, 504 OF THE IPC R/W SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT 1961 AND ETC., 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 are sought to be prosecuted for offences punishable under Sections 498A, 323, 504, and 505 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. The prosecution alleges that Accused No.1 (husband) and Accused No.2 (mother-in-law) subjected the de facto complainant to mental and physical cruelty and demanded money from her parental home. 3. The parties appeared before this Court on 25.04.2025 and stated that they have amicably resolved the dispute in M.C. No.7566/2024. The petitioner has annexed a copy of the memorandum of settlement, which forms part and parcel of the said M.C. No.7566/2024. 4. A perusal of the decree indicates that the marriage between Accused No.1 and the de facto complainant has been dissolved by mutual consent. In terms of the settlement, the petitioner/accused has paid Rs.5,00,000/- as permanent - 3 - NC: 2025:KHC:17674 WP No. 8418 of 2025 alimony. Respondent No.2 has agreed to withdraw all allegations and has no objection to quashing the proceedings in light of the settlement. 5. Though the offences are cognizable and non- compoundable, given that the parties have resolved the dispute amicably, it would be a futile exercise to subject the petitioners to trial, as the probability of their conviction is remote and bleak in view of the settlement. In such circumstances, the continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Accordingly, I pass the following: ORDER i. Petition is allowed. ii. The impugned proceedings in C.C.No.1258/2020 on the file of VI Addl. Chief Judicial Magistrate, Bengaluru is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 146 CT: BHK