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NC: 2025:KHC:12030 CRL.P No. 3627 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3627 OF 2025
BETWEEN:
MR MAHESH N R S/O. MR. N. RAMU, AGED ABOUT 37 YEARS, RESIDING AT NO. 41, 1ST A MAIN ROAD, VINAYAKA NAGAR, KAMAKSHI, BENGALURU, KARNATAKA-560 079.
…PETITIONER (BY SRI. ANANDA GANGENURA.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY BASAVANAGUDI WOMENS P.S., BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2.
MRS. ARPITHA. A. R.
W/O. MR. MAHESH. N. R., RESIDING AT NO. 41, 1ST A MAIN ROAD, VINAYAKA NAGAR, KAMAKSHI,
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:12030 CRL.P No. 3627 of 2025
BENGALURU, KARNATAKA-560 079. …RESPONDENTS (BY SRI. M R PATIL., HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.25665/2023 PENDING ON THE FILE OF THE LEARNED XXIV ACJM BENGALURU FOR THE OFFENCE P/US/ 3,4 OF DP ACT 1961, AND SEC.498-A OF IPC 1860 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
Sri M.R.Patil, learned HCGP for respondent No.1.
2. The petitioner/accused, who is charge sheeted for the offence punishable under Section 498-A of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court.
3. The prosecution alleged that, the petitioner/accused/husband subjected the de-facto complainant/wife to cruelty both mentally and physically and also demanded to bring money from the parental home.
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NC: 2025:KHC:12030 CRL.P No. 3627 of 2025
4. The petitioner/accused and respondent/party-in- person who are present before this Court have filed a joint memo enclosing the memorandum of settlement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
5. The joint memo is placed on record.
6. A perusal of the joint memo indicated that respondent No.2 has reunited with the husband and living a cordial marital life as on today. Respondent No.2, who is present before this Court states that she has agreed to withdraw all the allegations against the petitioner and no objection for quashing the impugned proceedings.
7. Although the offences alleged are cognizable and non-compoundable, given the fact that the parties have amicably resolved the dispute among themselves, it would be futile, if the petitioner is subjected to trial since the probability of his conviction is remote and bleak in view of the settlement. In such circumstances, the continuation of the criminal proceedings would be an abuse of the process of law.
8. Accordingly, Criminal Petition is allowed. The impugned proceedings in C.C.No.25665/2023 pending on the
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NC: 2025:KHC:12030 CRL.P No. 3627 of 2025
file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
ND List No.: 1 Sl No.: 146