Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:16999 CRL.P No. 4947 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4947 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SRI MANJUNATH D, S/O. DEVARAJU, AGED ABOUT 43 YEARS,
2.
SRI. SUNIL KUMARA D, S/O. DEVARAJU, AGED ABOUT 41 YEARS
BOTH ARE R/AT NO.132/3, 5TH MAIN, 2ND CROSS, VRUSHABAVATHINAGARA, KAMAKSHIPALYA, BENGALURU 560 079 …PETITIONERS (BY SRI. TEJAS N., ADVOCATE) AND:
1.
STATE OF KARNATAKA KAMAKSHIPALYA POLICE, BENGALURU - 560 079.
(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HCK, BENGALURU - 01)
2.
SMT. SAHANA N C, W/O. MANJUNATH, AGED ABOUT 30 YEARS, R/AT NAMBINAYAKANAHALLI,
Digitally signed by R HEMALATHA Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:16999 CRL.P No. 4947 of 2025
KOPPA HOBLI, MADDUR TALUK, MANDYA - 571 425. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1;
SRI. PRATHAP V S, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN SC.NO.704/2023 ON THE FILE OF HONBLE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-46), WHICH IS ARISING OUT OF CR.NO.304/2020 OF KAMAKSHIPALYA P.S, BENGALURU, FOR THE OFFENCES P/U/S 498(A),307,34 OF IPC, U/S 3,4 OF D.P ACT, 1961.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Sri V.S. Prathap, learned counsel files vakalath for respondent No.2., and the same is placed on record.
2. The petitioners who are charge sheeted for the offences punishable under Sections 498A, 307 and 34 of IPC and section 3 and 4 of the Dowry Prohibition Act, 1961, are before this seeking relief.
3. The prosecution alleges that the petitioner No.1 - accused No.1 husband and accused No.2 brother-in-law subjected the defacto complainant to cruelty both mentally and physically, and attempted to kill her and also demanded to bring money from her parental home.
- 3 -
NC: 2025:KHC:16999 CRL.P No. 4947 of 2025
4. Both the parties are present before this Court and have filed an application for compounding stating that accused No.1 and defacto-complainant have amicably resolved the dispute among themselves in M.C.No.2004/2024, and in terms of the settlement, their marriage has been dissolved mutually, and accused No.1 has agreed to pay a sum of Rs.5,00,000/- towards the permanent alimony and the said amount is already paid to the defacto-complainant before the Family Court. The 2nd respondent who is present before this Court has agreed to withdraw all the allegation and has no objection for quashing the impugned proceedings.
5. The application is placed on record.
6. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioner to trial would serve no purpose. The likelihood of their conviction is remote and bleak in light of the settlement. Therefore, continuing the criminal proceedings against the petitioners would amount to an abuse of the process of law.
7. Accordingly, I pass the following.
ORDER:
(i) Accordingly, the petition is allowed.
(ii) The impugned proceedings in S.C.No.704/2023 on the file of the XLV Additional City Civil and Sessions Judge,
- 4 -
NC: 2025:KHC:16999 CRL.P No. 4947 of 2025
Bengaluru-CCH-46, insofar it relates to the petitioners herein is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR List No.: 1 Sl No.: 354