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2025 DAILYLAW 21811 (KAR)

SRI. DHANARAJ J @ SANDEEP v. STATE OF KARNATAKA

CRL.P/4484/2025 · 2025-04-28

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:17417 CRL.P No. 4484 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4484 OF 2025 BETWEEN: 1. SRI. DHANARAJ J @ SANDEEP S/O. JAYARAM AGED ABOUT 34 YEARS RESIDING AT FLAT NO.6 ASARE #18, 15TH CROSS MAIN ROAD MUTHYALANAGARA BANGALORE - 560 054 2. SMT. REVATHI W/O. JAYARAM M AGED ABOUT 59 YEARS RESIDING AT FLAT NO.6 ASARE #18, 15TH CROSS MAIN ROAD MUTHYALANAGARA BANGALORE - 560 054 3. SMT. USHA PRITHAM WIFE OF C.M. PRITHAM AGED ABOUT 35 YEARS RESIDING AT NO.10 SRI. MUNESHWARA NILAYA 1ST FLOOR, NETHAJI NAGARA MATHIKERE, BANGALORE - 560 054 …PETITIONERS (BY SRI. M SUBRAMANI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY S.H.O., WOMEN POLICE STATION SHIVAMOGGA REPTD. BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17417 CRL.P No. 4484 of 2025 2. SMT. SOWMYA .M. D/O. MANIVANNAN AGED ABOUT 27 YEARS RESIDING AT NO.13/1 3RD CROSS, GOVINDA NILAYA VENKATESH NAGAR ANK ROAD NEAR BASAVA KENDRA SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 NOTICE TO R2 IS D/W) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST ALL THE PETITIONER/ACCUSED IN CC.NO.2575/2024 WITH RESPECT TO CRIME NO.0003/2024 PENDING ON THE FILE OF THE HONBLE JUDICIAL MAGISTRATE II- COURT, SHIVAMOGGA. THIS CRIMINAL PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners are being prosecuted for the offences punishable under Sections 498A, 323, 504, and 506 read with Section 34 of the IPC, and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. The prosecution alleges that accused No.1, being the husband, accused No.2, being the mother-in-law, and accused No.3, being the sister-in-law, subjected the de facto complainant to physical and mental cruelty and also demanded that she bring money from her parental home. - 3 - NC: 2025:KHC:17417 CRL.P No. 4484 of 2025 3. The petitioners have produced a copy of the order passed by the Family Court at Bengaluru in M.C. No.6220/2024. A perusal of the same indicates that the marriage between accused No.1 and the de facto complainant has been dissolved by mutual consent. In terms of the settlement, the de facto complainant has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings. As per the terms of the settlement, respondent No.2—the de facto complainant—has not made any claim for permanent alimony. 4. The offences alleged are cognizable and non- compoundable. However, given that the parties have amicably resolved their disputes, subjecting the petitioners to a criminal trial would serve no useful purpose, as the probability of conviction is remote and bleak in light of the settlement. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of the Court. 5. Hence, I pass the following: ORDER (i) The Criminal Petition is allowed. - 4 - NC: 2025:KHC:17417 CRL.P No. 4484 of 2025 (ii) The impugned proceedings passed in CC No.2575 of 2024 on the file of the JMFC-II Court at Shivamogga, is hereby quashed. Pending IAs. stand disposed off. Sd/- (HEMANT CHANDANGOUDAR) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 10