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2025 DAILYLAW 19791 (KAR)

MR.K.NATRAJ v. STATE OF KARNATAKA

CRL.P/3556/2025 · 2025-03-17

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:11141 CRL.P No. 3556 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3556 OF 2025 BETWEEN: MR. K. NATRAJ SON OF LATE KRISHNAPPA AGED ABOUT 44 YEARS NO.23, BEERESHWARA NILAYA 3RD MAIN, CHANNEL ROAD HALASURU BENGALURU-560 008. …PETITIONER (BY SRI. MRC MANOHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 REP. BY ITS HALASUR POLICE BANGALORE-560 008. 2. SMT. SHILPA N B W/O NATARAJ K D/O BASAVARAJAPPA N S AGED ABOUT 41 YEARS NO.94/A, GOURISHANKAR IDEAL HOME TOWNSHIP RAJARAJESHWARINAGAR BENGALURU-560 098. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI H.R. SANTHOSH, ADVOCATE FOR R2) Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:11141 CRL.P No. 3556 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET SUBMITTED BY THE 1ST RESPONDENT IN C.C.NO.56505/2022 AND NOW S.C.NO.2233/2022 PENDING BEFORE THE HON'BLE XLV ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (ANNEXURE-A) AGAINST THE PETITIONER HEREIN 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 Petitioner-accused No.1 who is sought to be prosecuted for the offence punishable under sections 498A, 313, 323, 504, 506 r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, is before this Court seeking relief. 2. The prosecution alleges that the petitioner-accused No.1 is the husband of the defacto-complainant and he subjected her to cruelty both mentally and physically, assaulted her with dire consequences and also a demand was made to bring money from her parental home. 3. The parties are present before this Court and they have filed the application for compounding of the offences annexing the copy of Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The respondent-defacto complainant had filed a petition in M.C.No.4577/2023 under Section 13 (1) (ia) of the Hindu Marriage Act, for dissolving her - 3 - NC: 2025:KHC:11141 CRL.P No. 3556 of 2025 marriage with the petitioner-accused. In the said proceedings, the matter was referred to Mediation Center to explore the possibility of amicable settlement between the parties. The parties before the Mediation Center amicably settled the disputes among themselves, and as per the terms of the settlement, the marriage of the accused with the defacto- complainant has been dissolved mutually and the petitioner- accused has agreed to pay a sum of Rs.28 Lakhs towards permanent alimony and has paid the part payment of Rs.20,00,000/- by way of Demand Draft to the defacto complainant-respondent No.2. 4. The application is placed on record. 5. The parties are present before this Court with their respective counsels, and the defacto-complainant who is present before this Court acknowledges the receipt of balance amount of Rs.8,00,000/- by way of Demand Draft towards permanent alimony in full and final settlement and has agreed to withdraw all the allegation and also has no objection for quashing the impugned proceedings against the petitioner- accused. 6. Though the offences alleged are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably settled their disputes among themselves, it would be a futile exercise, if the petitioner is subjected to trial, since the probability of conviction is remote and bleak. - 4 - NC: 2025:KHC:11141 CRL.P No. 3556 of 2025 Therefore, the continuation of the criminal proceedings will be an abuse of the process of law in view of the settlement arrived between the parties. Accordingly, I pass the following: ORDER i) The criminal petition is allowed ii) The impugned proceedings in S.C.No.2233/2022 pending on the file of the XLV Additional City Civil and Sessions Judge, Bengaluru ( CCH-46) insofar it relates to the petitioner accused No.1 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 148