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High Court of Karnataka · body

2025 DAILYLAW 21272 (KAR)

SMT SWATHI v. STATE BY

CRL.P/3211/2024 · 2025-04-07

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:14971 CRL.P No. 3211 of 2024 C/W CRL.P No. 3620 of 2024 CRL.P No. 3576 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3211 OF 2024 C/W CRIMINAL PETITION NO. 3620 OF 2024 CRIMINAL PETITION NO. 3576 OF 2025 IN CRL.P No. 3211/2024 BETWEEN: 1. SMT. SWATHI W/O SUNIL, AGED ABOUT 30 YEARS, 2. SUNIL S/O PRAKASH BHAVANI, AGED ABOUT 38 YEARS, BOTH THE PETITIONER NO.3 AND 4 ARE R/AT SGS DEVAIN OFFICE AG 9, ADITHYALAYOUT, R R NAGARA, BANGALORE-560 098. …PETITIONERS (BY SRI. RANGANATH REDDY R., ADVOCATE) AND: 1. STATE BY BHADRAVATHI OLD TOWN POLICE STATION, BANGALORE-560 001, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. 2. SMT. SNEHAL DORAI W/O SACHIN, AGED ABOUT 31 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14971 CRL.P No. 3211 of 2024 C/W CRL.P No. 3620 of 2024 CRL.P No. 3576 of 2025 PERMANENT RESIDENT AT DOODA KURUBARA STREET OLD TOWN, BHADRAVATHI SHIVAMOGGA-577 245. ALSO RESIDING AT NO.2A, AISHWARYA CRISTAL L, MANIPAL COUNTRY ROAD, SINGASANDRA, BANGALORE BANGALORE-560 016. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. K. MANJUNATH RAO BHONSLE, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS AND REGISTRATION OF FIR IN CRIME NO.108/2022 AGAINST THE PETITIONERS REGISTERED BY THE BHARAVATHI OLD TOWN POLICE AT ADDL. CIVIL JUDGE AND JMFC AT SHIVMOGA FOR THE OFFENCES P/U/S 498A, 143, 147, 323, 504, 506, 149 OF IPC AND SECTION 3 AND 4 WHICH IS FILED AND PENDING AS C.C.NO.255/2024 BEFORE II ADDL. CIVIL JUDGE AND JMFC COURT AT BHADRAVATHI. IN CRL.P NO. 3620/2024 BETWEEN: 1. SAJJAN RAO S/O. GOVINDA RAO, AGED ABOUT 65 YEARS, 2. SMT. HEMAVATHI AGED ABOUT 49 YEARS, W/O. SAJJAN RAO, BOTH THE PETITIONER NOS.1 AND 2 ARE R/AT TEENOKA ARCHID APARTMENTS, RESIDING AT NO.2A, AISHWARYA CRISTAL L, MANIUPAL COUNTY ROAD, SINGASANDRA, BANGALORE-560 068. - 3 - NC: 2025:KHC:14971 CRL.P No. 3211 of 2024 C/W CRL.P No. 3620 of 2024 CRL.P No. 3576 of 2025 BOTH ARE R/AT D.NO.1/16, MARATIPALAYAM THALIKOTHANUR, KRISHNAGIRI TAMIL NADU-635 118. ...PETITIONERS (BY SRI. RANGANATH REDDY R., ADVOCATE) AND: 1. STATE BY BHADRAVATHI OLD TOWN POLICE STATION, BANGALORE -560 001, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. 2. SMT. SNEHAL DORAI W/O. SACHIN, AGED ABOUT 31 YEARS, PERMANENT RESIDENT AT DOODA KURUBARA, STREET OLD TOWN, BHADRAVATHI, ALSO RESIDING AT NO.2A, AISHWARYA CRISTAL L, MANIUPAL COUNTY ROAD, SINGASANDRA, BANGALORE, BANGALORE-560 016. ...RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. K. MANJUNATH RAO BHONSLE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND FIR NO.IN CR.NO.108/2022 IN C.C.NO.255/2024 AGAINST THE PETITIONERS REGISTERED BY BHADRAVATHI OLD TOWN POLICE FOR THE OFFENCE P/U/S 498(A), 143, 147, 323, 504, 506, 149 OF IPC AND SECTION 3, 4 OF DOWRY PROHIBITION ACT WHICH IS FILED AND PENDING AS C.C.NO.255/2024 BEFORE II ADDITIONAL CIVIL JUDGE AND JMFC COURT AT BHADRAVATHI. - 4 - NC: 2025:KHC:14971 CRL.P No. 3211 of 2024 C/W CRL.P No. 3620 of 2024 CRL.P No. 3576 of 2025 IN CRL.P NO. 3576/2025 BETWEEN: 1. SRI SACHIN N NIMBALKAR S/O SAJJAN RAO, AGED ABOUT 37 YEARS, R/AT TEENIKS ARCHID APARTMENT, NO.2A, AISHWARYA CRISTAL L, MANIPAL COUNTRY ROAD, SINGASANDRA, BANGALORE-560 068 ...PETITIONER (BY SRI. RANGANATH REDDY R., ADVOCATE) AND: 1. STATE BY BHADRAVATHI OLD TOWN POLICE STATION, BANGALORE-560 001, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. 2. SMT. SNEHAL DORAI, W/O SACHIN, AGED ABOUT 31 YEARS, PERMANENT RESIDENT AT, DOODA KURUBARA, STREETOLD TOWN, BHADRAVATHI, ALSO RESIDING AT, NO. 2A, AISHWARYA CRISTAL L, MANIPAL COUNTRY ROAD, SINGASANDRA, BANGALORE-560 016. ...RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. K. MANJUNATH RAO BHONSLE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND REGISTRATION OF FIR IN CRIME NO.108/2022 AGAINST THE PETITIONER REGISTERED BY BHADRAVATHI OLD TOWN POLICE REGISTERED IN II ADDL. CIVIL JUDGE AND JMFC COURT FOR THE OFFENCE P/U/S 498A, 143, - 5 - NC: 2025:KHC:14971 CRL.P No. 3211 of 2024 C/W CRL.P No. 3620 of 2024 CRL.P No. 3576 of 2025 147, 323, 504, 506, 149 OF IPC AND SECTIONS 3 AND 4 WHICH IS FILED AND PENDING AS C.C.NO.255/2024 BEFORE II ADDL. CIVIL JUDGE AND JMFC COURT AT BHADRAVATHI. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Sri Manjunatha Rao Bhonsle, learned counsel, files vakalath on behalf of respondent No.2. 2. The petitioners (accused) in all these petitions, who are facing trial for offences punishable under Sections 498A, 143, 147, 323, 504, 506, and 149 of the Indian Penal Code, and Sections 3 and 4 of the Dowry Prohibition Act, are before this Court seeking relief. 3. The prosecution alleges that accused No.1 (husband) and the other accused, who are his relatives, subjected the de facto complainant to mental and physical cruelty, assaulted and threatened her with dire consequences, and also demanded money from her parental home. 4. The parties are present before this Court and have amicably resolved the dispute among themselves. As per the terms of the settlement, the Accused No.1 and the de - 6 - NC: 2025:KHC:14971 CRL.P No. 3211 of 2024 C/W CRL.P No. 3620 of 2024 CRL.P No. 3576 of 2025 facto complainant have agreed to dissolve their marriage mutually. Accused No.1 has agreed to pay a total sum of Rs.66 lakhs towards permanent alimony, out of which a sum of Rs.30 lakhs has already been paid to the de facto complainant. Accused No.1 has handed over a demand draft for Rs.18 lakhs towards part of the balance amount of permanent alimony to the de facto complainant, who is present before the Court, and the same is acknowledged subject to realization. The remaining Rs.18 lakhs shall be deposited by accused No.1 before the Trial Court in the pending matrimonial case. In view of the settlement, both accused No.1 and the de facto complainant have agreed to dissolve the marriage mutually. 5. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioners to trial would serve no useful purpose. The likelihood of conviction is remote in light of the settlement. Therefore, continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Accordingly, the petitions are allowed; - 7 - NC: 2025:KHC:14971 CRL.P No. 3211 of 2024 C/W CRL.P No. 3620 of 2024 CRL.P No. 3576 of 2025 Crl.P No.3211/2024: The impugned proceedings in CC No.255/2024 pending on the file of the learned II Addl. Civil Judge and JMFC Court at Bhadravathi, is hereby quashed. Crl.P No.3620/2024: The impugned proceedings in CC No.255/2024 pending on the file of the learned II Addl. Civil Judge and JMFC Court at Bhadravathi, is hereby quashed. Crl.P No.3576/2024: The impugned proceedings in CC No.255/2024 pending on the file of the learned II Addl. Civil Judge and JMFC Court at Bhadravathi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 13