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2025 DAILYLAW 22034 (KAR)

RAMESH N R v. STATE OF KARNATAKA

CRL.P/4587/2025 · 2025-04-15

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:15691 CRL.P No. 4587 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4587 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. RAMESH N R S/O RAMAKRISHNA AGED ABOUT 38 YEARS, R/O A. SRIRAMANAHALLI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK MANDYA-571 432. 2. RAMAKRISHNA S/O GADIJAVARAPPA AGED ABOUT 59 YEARS, R/O A. SRIRAMANAHALLI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK MANDYA-571 432. 3. SMT. LAKSHMAMMA W/O RAMAKRISHNA AGED ABOUT 56 YEARS, R/O A. SRIRAMANAHALLI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK MANDYA-571 432. 4. MAHESH S/O RAMAKRISHNA AGED ABOUT 36 YEARS R/O A. SRIRAMANAHALLI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK MANDYA 571 432. …PETITIONERS (BY SRI. PAVAN KUMAR G., ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15691 CRL.P No. 4587 of 2025 AND: 1. STATE OF KARNATAKA BY NAGAMANGALA TOWN P.S. REP. BY SPP HIGH COURT BUILDING BANGALORE - 560 001. 2. SOWMYA W/O RAMESH AGED ABOUT 37 YEARS R/O BADAGOODAMMA TEMPLE ROAD, NAGAMANGALA TOWN, MANDYA-571 432. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. VISHRUTH B.R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.474/2014 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, NAGAMANGALA FOR THE OFFENCES P/U/S 498A, 504 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P ACT 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 The learned High Court Government Pleader accepts notice for the respondent No.1-State. Sri Vishruth B.R., learned counsel files Vakalath on behalf of respondent No.2 and the same is placed on record. 2. The petitioners-accused Nos.1,2,3 & 4 who are charge sheeted for the offences punishable under Sections - 3 - NC: 2025:KHC:15691 CRL.P No. 4587 of 2025 498A, 504 r/w 34 IPC and Section 3 & 4 of Dowry Prohibition Act, are before this Court seeking relief. 3. The prosecution alleges that the petitioner No.1- husband, and others are the relatives of accused No.1 and they subjected the defacto-complainant-respondent No.2 to cruelty, both mentally and physically, and also demanded to bring money from her parental home. 4. The petitioner No.1 and the respondent No.2 is present before this Court and a joint memo along with supporting affidavit of the petitioner No.1 is filed, and the joint memo is duly signed by the learned counsel for the petitioners, and the learned counsel for the respondent No.2 stating that, they have amicably resolved the dispute among themselves, and in terms of the settlement, the defacto- complainant has been reunited with accused No.1-husband and is continuing cordial marital life. The respondent No.2 who is present before this Court has agreed to withdraw all the allegations made against the petitioners and has no objections for quashing the impugned proceedings. 5. The joint memo along with supporting affidavit is placed on record. 6. Although the offences are cognizable and non- compoundable, however, having regard to the fact that, the - 4 - NC: 2025:KHC:15691 CRL.P No. 4587 of 2025 parties have amicably resolved the dispute among themselves, and the respondent No.2 having agreed to withdraw all the allegations made by her, it would be futile exercise, if the petitioners -accused are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned proceeding in C.C. No.474/2014 pending on the file of the Senior Civil Judge & JMFC, Nagamangala, is hereby quashed. Pending I.A.No.1/2025 does not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 4 Sl No.: 15