SRI BALASUBRAMANYAM N R v. STATE BY BASAVANAGUDI WOMEN PS
CRL.P/4299/2025 · 2025-04-17
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21482 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21482 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16045 CRL.P No. 4299 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4299 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SRI BALASUBRAMANYAM N R S/O SRI RADHAKRISHNAN N R AGED ABOUT 50 YEARS,
2.
SMT SHARADA W/O SRI RADHAKRISHNAN N R AGED ABOUT 75 YEARS
3.
SRI RADHAKRISHNAN N S S/O SUBBAIAH AGED ABOUT 80 YEARS
4.
SRI BHASAKARA S/O SRI RADHAKRISHNAN N R AGED ABOUT 52 YEARS
ALL THE ABOVE R/AT NO.1/04, LAKSHMI NILAYA, ANAJANEYA TEMPLEL STREET, 3RD CROSS, YEDIYUR, JAYANAGAR 6TH BLOCK, BENGALURU - 560 082. …PETITIONERS (BY SRI. RAGHAVENDRA S., ADVOCATE)
AND:
1.
STATE BY BASAVANAGUDI WOMEN PS REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 01.
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:16045 CRL.P No. 4299 of 2025
2.
SMT. GIRIJA V M D/O SRI R MURALIDHARA W/O SRI BALASUBRAMANYAM N R AGED ABOUT 46 YEARS, NO.303, SAI GOKUL APARTMENT, HUSKUR GATE BENGALURU - 560 100. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1;
SRI. SANJAY SUGUMARAN, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.3707/2020 CRIMINAL PROCEEDINGS REGISTERED BY THE FIRST RESPONDENT VIDE FIR IN CRIME NO.15/2014 BEFORE THE BASAVANAGUDI WOMEN POLICE STATION, BENGALURU FOR THE OFFENCES P/U/S.498(A), 323 AND 506 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT AGAINST THE PETITIONERS HEREIN VIDE ANNEXURE A, B, C AND D IN CC.3707/2020 PENDING BEFORE ON THE HONBLE 37TH ACMM, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Sri Sanjay Sugumaran, learned counsel, files vakalath on behalf of respondent No.2.
2. The petitioners (accused Nos.1 to 4), who have been charge-sheeted for the offences punishable under Sections 498A, 323, and 506 of the IPC, are before this Court seeking relief.
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NC: 2025:KHC:16045 CRL.P No. 4299 of 2025
3. The prosecution alleges that accused No.1 (husband) and the other accused, who are his relatives, subjected the de facto complainant to both mental and physical cruelty, and also made a demand for money from her parental home.
4. The parties are present before this Court. The petitioners have annexed a memorandum of agreement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. A perusal of the agreement indicates that the marriage between accused No.1 and the de facto complainant has been dissolved in M.C. No.249/2025, and accused No.1 has agreed to pay a sum of Rs.15,00,000/- towards permanent alimony, including maintenance of their son. Out of this, a sum of Rs.7,50,000/- has already been paid to the de facto complainant before the Trial Court. Accused No.1 now hands over a demand draft for the remaining sum of Rs.7,50,000/- to the de facto complainant, who is present before the Court and acknowledges receipt of the same, subject to realization.
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 fruitful purpose. In light of the settlement, the likelihood of conviction is remote and bleak. Therefore, continuing the criminal proceedings against the petitioners would amount to an abuse of the process of law.
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NC: 2025:KHC:16045 CRL.P No. 4299 of 2025
6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.3707/2020 pending on the file of the learned 37th Additional Chief Metropolitan Magistrate, Bengaluru, are hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM List No.: 1 Sl No.: 180