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2025 DAILYLAW 20719 (KAR)

SRI SAMRAT KULKARNI v. STATE OF KARNATAKA

CRL.P/2885/2024 · 2025-03-28

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:14435 CRL.P No. 2885 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2885 OF 2024 BETWEEN: 1. SRI. SAMRAT KULKARNI, S/O SHREEKANTH KULKARNI, AGED ABOUT 44 YEARS, R/AT NO. 308 D BLOCK, MAHAVEER JONQUIL APARTMENT, 1ST MAIN ROAD, 3RD CROSS ROAD RAMAYYA GARDEN, J.P. NAGAR, BENGALURU - 560 078. 2. SMT. SANGEETHA KULKARNI, W/O KIRAN KULKARNI, AGED ABOUT 42 YEARS, MAHAVEER LAUREL APARTMENT, MANJUNATHA LAYOUT KODICHI, VIJAYA BANK LAYOUT, BOMMANAHALLI, BENGALURU - 560 076. 3. SMT. VIDYA KULKARNI, W/O SHREEKANTH KULKARNI, AGED ABOUT 62 YEARS, R/AT NO. 308, D BLOCK, MAHAVEER JONQUIL APARTMENT, 1ST MAIN ROAD, 3RD CROSS ROAD RAMAYYA GARDEN, J.P. NAGAR, BENGALURU - 560 078. …PETITIONERS (BY SRI. V.F. KUMBAR, ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14435 CRL.P No. 2885 of 2024 AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. SMT. AAHANA KULKARNI W/O SAMARTH KULKARNI, D/O NARAYAN JOSHI, AGED ABOUT 40 YEARS, RESIDING AT NO.3, 2ND FLOOR, BUILDING NO.39, 4TH MAIN ROAD, BOB COLONY, BENGALURU - 560 078. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SMT. SHAHEEN BEGUM, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET FILED IN C.C.NO.5472/2023 (IN CR.NO.194/2022) REGISTERED BY THE BASAVANGUDI WOMEN POLICE STATION, BANGALORE I.E., RESPONDENT NO.1 FOR THE OFFENCE P/U/S 498A, 504, 506 OF IPC AND SEC. 4 OF D.P. ACT, PENDING ON THE FILE OF 37TH ADDL. CMM COURT AT BANGALORE VIDE AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:14435 CRL.P No. 2885 of 2024 ORAL ORDER 1. The petitioners/accused, who are facing trial for offences punishable under Sections 498A, 504, and 506 of the IPC, are before this Court seeking relief. 2. The prosecution alleges that Accused No.1 – the husband, Accused No.2 – the sister-in-law, and Accused No.3 – the mother- in-law, subjected the complainant to both mental and physical cruelty and also threatened her with dire consequences. 3. The parties are present before this Court. They have filed an application for compounding, stating that they have amicably resolved the dispute among themselves. As per the terms of the settlement, the marriage between Accused No.1 and the complainant has been mutually dissolved. The complainant has agreed to withdraw all allegations against the petitioners and has no objection to the quashing of the impugned proceedings. Further, Accused No.1 has undertaken to pay a sum of Rs.11,00,000/- towards permanent alimony to the complainant in the proceedings under the Domestic Violence Act. 4. The application is taken on record. 5. Although the offences alleged are cognizable and non- compoundable, given that the parties have amicably resolved the dispute, it would be futile to subject the petitioners to trial, as the probability of conviction is remote and bleak in light of the - 4 - NC: 2025:KHC:14435 CRL.P No. 2885 of 2024 settlement. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. ORDER i. Accordingly, petition is allowed. ii. The impugned proceedings in C.C.No.5472/2023 on the file of XXXVII A.C.M.M., at Bengaluru, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 90 CT: BHK