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2025 DAILYLAW 20792 (KAR)

SHASHIKANTH. B. R. v. STATE OF KARNATAKA

CRL.P/4092/2025 · 2025-04-24

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16993 CRL.P No. 4092 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4092 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SHASHIKANTH B.R. SON OF LATE RANGAHANUMAIAH, AGED ABOUT 49 YEARS. 2. SMT.PUTTANARASAMMA, W/O LATE RANGAHANUMAIAH AGED ABOUT 70 YEARS, PETITIONER NOS.1 AND 2 ARE RESIDING AT NO.45/9, 3RD CROSS, MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT, BENGALURU-560 086. …PETITIONERS (BY SMT. MAVATHI A.V., ADVOCATE) AND: 1. STATE OF KARNATAKA MAHALAKSHMI LAYOUT POLICE STATION, BY ITS STATION HOUSE OFFICER, MAHALAKSHMI LAYOUT, BENGALURU-560 086. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. VIDYASHREE S, D/O SIDDARAMAIAH W/O SHASHIKANTH B.R., AGED ABOUT 36 YEARS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16993 CRL.P No. 4092 of 2025 R/AT NO.45/9, 3RD CROSS, MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT, BENGALURU-560 086. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SMT. RENUKADEVI PATIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CRIME NO.0121/2020 REGISTERED FOR THE OFFENCES P/U/S 498A, 34 OF THE IPC AND ALSO U/S 4 OF D.P ACT AND CHARGE SHEET, FILED BY THE RESPONDENT NO.1 I.E MAHALAKSHMI LAYOUT POLICE STATION, THAT IS REGISTERED AS C.C.NO.20479/2020, PENDING ON THE FILE OF THE 32ND ADDL.CHIEF JUDICIAL MAGISTRATE COURT, AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader accepts notice for respondent No.1. 2. Smt. Renukadevi Patil, learned counsel, files vakalath on behalf of respondent No.2. 3. The petitioners, who have been charge-sheeted for the offences punishable under Section 498A read with Section 34 of the Indian Penal Code, 1860, and Section 4 of the Dowry Prohibition Act, 1961, are before this Court seeking relief. - 3 - NC: 2025:KHC:16993 CRL.P No. 4092 of 2025 4. The prosecution alleges that the petitioners (accused Nos.1 and 2), being the husband and mother-in-law of the de facto complainant, subjected her to mental and physical cruelty and demanded that she bring money from her parental home. 5. The parties are present before this Court and have filed a joint memo. The petitioners have annexed a memorandum of settlement executed under Section 89 of the Code of Civil Procedure, 1908, read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 6. Perusal of the said memorandum indicates that the marriage between accused No.1 and the de facto complainant has been mutually dissolved in M.C. No.1193/2021. In terms of the settlement, accused No.1 has paid a sum of Rs.10,90,000/- towards permanent alimony. Respondent No.2 has agreed to withdraw all allegations against the petitioners and has expressed no objection to the quashing of the impugned proceedings in view of the settlement. 7. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the - 4 - NC: 2025:KHC:16993 CRL.P No. 4092 of 2025 amicable resolution between the parties, subjecting the petitioners to trial would serve no useful purpose. The likelihood of conviction, in light of the settlement, is remote and bleak. Hence, continuation of the criminal proceedings would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed. 9. The impugned proceedings in C.C. No.20479/2020, pending on the file of the learned 32nd Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 210