- 1 - NC: 2025:KHC:14281 CRL.P No. 4322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4322 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SHASHIDHAR S/O MARISWAMY, AGED ABOUT 40 YEARS, R/AT NO. 29, KODIPALYA KENGERI, BENGALURU 560060. 2. SMT. PUSPHA W/O MARISWAMY AGED ABOUT 57 YEARS, R/AT NO.29 KODIPALYA KENGERI, BENGALURU 560060. …PETITIONERS (BY SRI. SANTHOSH KUMAR M B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KENGERI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001. 2. SMT. CHAITRA D/O RAMANNA AGED ABOUT 29 YEARS, PRESENTLY R/AT NO. 28, R NILAYA, 17th CROSS, D GROUP LAYOUT, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14281 CRL.P No. 4322 of 2025 VEERANAPALYA, NAGRABHAVI BENGALURU 560072. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; SRI. E P SATISHA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FURTHER PROCEEDINGS IN C.C.NO.8530/2020 PENDING ON THE FILE OF THE VI ACJM BENGALURU CITY VIDE ANNEXURE C IN CRIME NO.106/2020 OF KENGERI POLICE BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1-State. 2. Sri. E.P. Sathisha, learned counsel files vakalat on behalf of respondent No.2. The same is placed on record. 3. Petitioners are sought to be prosecuted for the offences punishable under Sections 498A of IPC, sections 3 and 4 of the Dowry Prohibition Act, 1961. 4. The case of the prosecution is that, accused No.1 husband, accused No.2 mother-in-law subjected the defacto- complainant to cruelty, both mentally and physically, and also a demand was made to bring money from the parental home. - 3 - NC: 2025:KHC:14281 CRL.P No. 4322 of 2025 5. Parties are present before this Court and they have joint affidavit stating that they have amicably resolved the dispute among themselves. The petitioner-accused No.1 has annexed the copy of the proceedings in M.C.No.477/2021, wherein, the parties have filed a 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. 6. Perusal of the memorandum of settlement discloses that, accused No.1 and the defacto-complainant had filed a petition under Section 13(i) (ia) & (ib) of the Hindu Marriage Act in M.C.No.477/2021 for dissolving their marriage mutually, and the matter was referred to the Mediation Centre, Bengaluru. The accused No.1 and the defacto-complainant, before the Mediation Centre agreed to dissolve their marriage mutually, and in terms of the settlement their marriage has been dissolved mutually, and the petitioner-accused No.1 has paid a sum of Rs.5,00,000/- towards permanent alimony to the defacto-complainant, and the defacto complainant has agreed for quashing the impugned proceedings against the petitioners- accused herein. 7. Though the offences alleged against the petitioners–accused are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, and the marriage of the accused No.1 with the defacto complainant having been dissolved mutually and a permanent alimony of - 4 - NC: 2025:KHC:14281 CRL.P No. 4322 of 2025 Rs.5 Lakh having been paid to the defacto- complainant, and the respondent No.2 having no objection for quashing the impugned proceedings, it would be a futile exercise, if the petitioners are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. 8. 8. Therefore, the continuation of the criminal proceedings will be an abuse of process of law. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C.No.8530/2020 pending on the file of VI Additional Chief Judicial Magistrate, at Bengaluru, insofar it relates to the petitioners-accused Nos.1 and 2 is hereby quashed. Pending I.A.No.1/2025 does not survive consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 180