Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20172 CRL.P No. 5336 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5336 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI HEMANTH V., S/O. SRI VISHWANATH L., AGED ABOUT 28 YEARS, R/AT NO.49, 7TH CROSS, NEAR GANESH TEMPLE, VRISHABAVATHI NAGAR, KAMAKSHI PALYA, BENGALURU – 560 079 …PETITIONER (BY SRI. HARIPRASAD M. B., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY S.H.O. KAMAKSHI PALYA P.S., BENGALURU – 560 079.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001
2.
DR H.D. HARISH, S/O. LATE K. DUGGAPPA, AGED ABOUT 64 YEARS,
RESIDING AT NO.303,
'MAITHRI', 5TH MAIN ROAD,
BEML LAYOUT 1ST STAGE,
BASAVESHWARA NAGAR,
BENGALURU – 560 079 …RESPONDENTS (BY SMT. SOWMYA R. HCGP FOR R1)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:20172 CRL.P No. 5336 of 2025
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED IN C.C NO.1214 OF 2024, ON THE FILE OF THE LEARNED XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY, FOR THE O/P/U/S 420, 379, 120B R/W SECTION 34 OF IPC, 1860.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“WHEREFORE, the petitioner humbly prays that this Hon’ble Court be pleased to quash the impugned in C.C.No.1214/2024, on the file of the Learned XXIV Additional Chief Metropolitan Magistrate, Bengaluru City, for the offences punishable U/s. 420, 279, 120B r/w. Section 34 of the Indian Penal Code, 1860, in the interests of justice.”
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner-accused No.2 is only the driver of respondent No.2 and accused No.2 is the daughter-in-law of respondent No.2. Respondent No.2 filed a private complaint on 06.10.2022 against the petitioner-accused No.2 and accused No.1, which culminated in C.C.No.1214/2024 before the Trial Court and the same is assailed
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HC-KAR NC: 2025:KHC:20172 CRL.P No. 5336 of 2025
by the petitioner in the present petition. In the meanwhile, matrimonial proceedings in M.C.No.6484/2022 between accused No.1 (daughter-in-law of respondent No.2) and son of respondent No.2 culminated in a Memorandum of Settlement, in which both parties agreed that the impugned proceedings in C.C.No.1214/2024 would be closed/quashed as can be seen from the paragraph No.8 of the Memorandum of Settlement, which reads as under:
“In view of the settlement arrived between the parties, the petitioner has agreed/assured to make arrangements for closure/quashing the proceedings in C.C.No.1214/2024, filed under Section 420, 379, 120B read with 34 of IPC pending before the 39th ACJM, Bengaluru.”
4. In view of the aforesaid facts and circumstances and the settlement arrived at between accused No.1 and son of respondent No.2 in M.C.No.6484/2022 dated 06.01.2025 and also in view of quashment of proceedings in C.C.No.1214/2024 qua accused No.1 by this Court in Crl.P.No.2446/2025 dated 25.02.2025 (Smt. Meghana V. Vs. State of Karnataka and another), I am of the view that continuation of the proceedings
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HC-KAR NC: 2025:KHC:20172 CRL.P No. 5336 of 2025
against the petitioner herein would amount to abuse of process of law and the same deserves to be quashed.
5. In the result, I pass the following:
ORDER i) The petition is allowed. ii) The impugned criminal proceedings in C.C.No.1214/2024, pending on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru City, insofar as the petitioner-accused No.2 is concerned, are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 1 Sl No.: 25