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2025 DAILYLAW 23190 (KAR)

NAVEEN KUMAR S v. STATE OF KARNATAKA

CRL.P/5219/2025 · 2025-04-09

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:15362 CRL.P No. 5219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5219 OF 2025 BETWEEN: 1. NAVEEN KUMAR S (AS PER AADHAR CARD), AGED ABOUT 40 YEARS, S/O SAMPATH KUMAR J, R/AT NO.10/33, 4TH CROSS, NEAR GOVERNMENT SCHOOL, JEEVANAHALLI, NORTH BANGALORE, BANGALORE - 560 005. 2. PRAMILA (AS PER AADHAAR CARD), MENTIONED AS RAMILA IN FIR, AGED ABOUT 58 YEARS, W/O SAMPATH KUMAR J, R/AT NO.10/33, 4TH CROSS, NEAR GOVERNMENT SCHOOL, JEEVANAHALLI, NORTH BANGALORE, BANGALORE - 560 005. 3. SAMPATH KUMAR.J, AGED ABOUT 75 YEARS, S/O JAGANNATHAN, R/AT NO.10/33, 4TH CROSS, NEAR GOVERNMENT SCHOOL, JEEVANAHALLI, NORTH BANGALORE, BANGALORE - 560 005. 4. SARASWATHI B, AGED ABOUT 34 YEARS, C/O LATE BALAJI, R/A NO.10/33, 4TH CROSS, NEAR GOVERNMENT SCHOOL, JEEVANAHALLI, NORTH BANGALORE, BANGALORE - 560 005. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15362 CRL.P No. 5219 of 2025 5. SHANTHA KUMAR J, AGED ABOUT 41 YEARS, S/O SAMPATH KUMAR J, R/AT NO.82/1, 3RD CROSS, NEAR GANESH BAKERY, COX TOWN, JEEVANAHALLI, BANGALORE - 560 005. …PETITIONERS (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY S.H.O, PULAKESHI NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001. 2. VIDYASHREE, AGED ABOUT 34 YEARS, W/O NAVEEN KUMAR, D/O SRINIVAS R R/AT NO. 318/24, RAMAIAH REDDY COMPOUND, 2ND MAIN, UDAYNAGAR, BANGALORE NORTH, BANGALORE - 560 016. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SMT. KESOLINE D'SOUZA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO ALLOW THE PETITION AND THE QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C. NO.57621/2019 (CRIME NO.203/2017 OF PULAKESHI NAGAR POLICE STATION) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 506, 504 R/W 34 OF I.P.C. AND SECTION 3 AND 4 DOWRY PROHIBITION ACT, PENDING ON THE FILE OF X A.C.M.M AT BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:15362 CRL.P No. 5219 of 2025 ORAL ORDER 1. Learned HCGP accepts notice for respondent No.1-State. 2. The petitioners—accused Nos.1 to 5 who are being prosecuted for the offences punishable under Sections 498-A, 323, 506, and 504 read with Section 34 of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act, have approached this Court seeking quashing of the proceedings in C.C. No.57621/2019 pending on the file of the XI Additional Chief Metropolitan Magistrate (ACMM), Bengaluru. 3. The prosecution alleges that accused No.1 is the husband, and accused Nos.2 to 5 are the complainant’s mother-in-law, father-in-law, sister-in-law, and brother-in-law, respectively, and that they subjected the complainant to both mental and physical cruelty, abused her in filthy language, and assaulted her. 4. The parties are present before the Court and have filed an application for compounding, along with their respective affidavits, stating that they have amicably resolved the dispute among themselves. In terms of the settlement, the de facto complainant has reunited with her husband and is now leading a cordial marital life. It is further stated that the de facto complainant, who is present before the Court, has agreed to withdraw all allegations against accused Nos.1 to 5 and has no objection to quashing the impugned proceedings in order to maintain peace and harmony in the marital relationship. - 4 - NC: 2025:KHC:15362 CRL.P No. 5219 of 2025 5. The application for compounding is placed on record. 6. Although the offences alleged are cognizable and non- compoundable, in view of the fact that the parties have amicably resolved the dispute among themselves, subjecting the petitioners—accused Nos.1 to 5 to trial would be a futile exercise, especially since the probability of conviction is remote and bleak in light of the settlement. Under these circumstances, continuation of the impugned proceedings would amount to an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) The petition is allowed; ii) impugned proceedings in C.C.No.57621/2009 (arising out of Crime No.203/2017 of Pulakeshi Nagar Police Station), pending on the file of XI ACMM Court, Bangalore for the offences punishable under Sections 498A, 323, 506 read with 34 of IPC are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE YN List No.: 3 Sl No.: 23 CT: BHK