- 1 - HC-KAR NC: 2025:KHC:23530 CRL.P No. 4412 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.4412 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SMT. JAYALAKSHMI J.R., W/O SEETHA RAM, D/O JAYARAM, AGED ABOUT 50 YEARS, R/AT NO.4, 12TH CROSS, CHOLUR PALYA, MAGADI ROAD, BENGALURU – 560 023. 2. SMT. NEELAMMA @ LEELAVATHI J.R., W/O SRINIVAS S.N., D/O JAYARAM, AGED ABOUT 49 YEARS, R/AT SULEBELE VILLAGE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT – 562 129. …PETITIONERS (BY SRI. ROOPESHA B., ADVOCATE) AND: 1. STATE BY INSPECTOR OF POLICE K.P.AGRAHARA POLICE STATION, BENGALURU – 570 023. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. 2. SMT. HONNADEVI, W/O CHANDRAKUMAR, AGED ABOUT 36 YEARS, R/AT NO.4, 12TH CROSS, PAIPLAIN ROAD, NEAR BY TEJAS NURSING HOME, CHOLURPALYA, BENGALURU-560 023. …RESPONDENTS (BY SMT. SOWMYA.R, HCGP FOR R-1 R-2 IS SERVED AND UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23530 CRL.P No. 4412 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN C.C.NO.31331/2021 WHICH IS PENDING BEFORE THE XXIV A.C.J.M AT BENGALURU FOR THE OFFENCE P/U/S 498A, 494, 307 R/W 34 OF IPC FILED BY RESPONDENT NO.1 POLICE I.E K.R.AGRAHARA P.S. MYSURU IN CR.NO.138/2021 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “(i) Call for the entire records in C.C.No.31331/2021 pending before the XXIV Additional Chief Judicial Magistrate at Bengaluru. (ii) Quash the proceedings initiated against the petitioners in C.C.No.31331/2021 which is pending before the XXIV Additional Chief Judicial Magistrate at Bengaluru for the offences punishable under Sections 498A, 494, 307 r/w Section 34 of IPC filed by respondent No.1 police i.e., K.P.Agrahara Police Station, Mysuru in Crime No.138/2021. (iii) Grant such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 is served and unrepresented. - 3 - HC-KAR NC: 2025:KHC:23530 CRL.P No. 4412 of 2025 3. A perusal of the material on record will indicate that respondent No.2 is the wife of Chandrakumar, who is brother of petitioner No.1 – accused No.2 and petitioner No.2 – accused No.4. The said Chandrakumar has been arraigned as accused No.1 in the impugned proceedings in Crime No.138/2021, which is presently pending in C.C.No.31331/2021 before the Trial Court. In this context, it is relevant to state that there was matrimonial proceedings pending between the aforesaid de-facto complainant – Smt. Honnadevi and her husband Chandrakumar, which culminated in a decree of divorce by mutual consent in M.C.No.49/2023 dated 19.11.2024 wherein respondent No.2 has withdrawn all her claims not only against her husband but also against the remaining family members including the petitioners herein. Pursuant thereto, in the impugned proceedings in S.C.No.1362/2021, respondent No.2 was examined as PW1, who has turned completely hostile and has withdrawn all the allegations / resiled from all the allegations made by her in the complaint and statement made before the police authorities. 4. Under these circumstances, in view of decree of divorce obtained by mutual consent between respondent No.2 and - 4 - HC-KAR NC: 2025:KHC:23530 CRL.P No. 4412 of 2025 her husband and also in view of respondent No.2, who was examined as PW1 in S.C.No.1362/2021, who had turned completely hostile and withdrew all the allegations made by her in the complaint and statement made before the police authorities, continuation of the impugned proceedings would be exercise in futility and consequently, in order to secure ends of justice, I deem it just and proper to quash the impugned proceedings. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in C.C.No.31331/2021 pending before the XXIV Addl. Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 498A, 494, 307 r/w Section 34 of IPC, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 39