MR. VIJAY KUMAR VISHNU R., v. THE STATE OF KARNATAKA
CRL.P/4478/2025 · 2025-03-28
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21829 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21829 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14579 CRL.P No. 4478 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4478 OF 2025 BETWEEN:
1.
MR. VIJAY KUMAR VISHNU R., S/O RAMU AGED ABOUT 40 YEARS OCCUPATION - EMPLOYED R/AT NO.176/177 1ST FLOOR, ALBERT VICTOR ROAD 1ST MAIN, CHAMRAJPETE BANGALORE CITY-560 018. …PETITIONER (BY SMT. JAYASHREE RAVINDRA PATIL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BANASHANKARI POLICE STATION REPRESENTED BY PP
2.
MRS. PAVITRA AGED ABOUT 36 YEARS OCCUPATION - EMPLOYEED R/AT NO.1, 6TH CROSS, BALAJI LAYOUT PADMANABHANAGAR BANGALORE-560070. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;
SMT. POORNIMA V.L., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED IN C.C.NO.19063/2022 WHICH IS PRODUCED AS DOCUMENT NO.3 OFFENCE P/U/S/ 498-A R/W SECTION 34 OF IPC R/W SECTION 3, 4 OF DP ACT AND PROCEEDINGS IN THE SAME
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:14579 CRL.P No. 4478 of 2025
WHICH IS REGISTERED IN CRIME NO.15/2022 BY RESPONDENT AGAINST THE PETITIONER WHICH IS PENDING BEFORE THE HONBLE 37th ACMM BENGALURU WHICH IS MARKED AND DOCUMENTS AS DOCUMENT NO.3 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER Petitioner-accused is sought to be prosecuted for the offences punishable under Section 498A r/w 34 of IPC, and Section 3 and 4 of Dowry Prohibition Act is before this Court seeking relief.
2. The case of the prosecution is that, petitioner herein subjected the defacto complainant to cruelty, both mentally and physically, and also demanded to bring money from her parental home.
3. The parties are present before this Court and the petitioner has annexed the memorandum of settlement under Section 89 of Code of Civil Procedure, 1908 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, which discloses that the accused No.1 had filed a petition in MC.No.651/2022 for dissolution of his marriage with the defacto-complainant on the ground of cruelty and the matter was referred to the Mediation Centre, Bengaluru to explore the possibility of settlement between the parties.
4. The parties before the Mediation Centre amicably resolved the dispute among themselves, and in terms of the
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NC: 2025:KHC:14579 CRL.P No. 4478 of 2025
settlement, the marriage of accused with the defacto– complainant has been dissolved mutually, and the defacto- complainant has stated that she has no objection for quashing the impugned proceedings.
5. Though the offences alleged against the petitioners- accused herein are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioner is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following:
ORDER i. The Criminal Petition is allowed; ii. The impugned proceedings in 19063/2022 pending on the file of the 37th Additional Chief Metropolitan Magistrate, Bengaluru stands quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR List No.: 1 Sl No.: 138