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2025 DAILYLAW 23329 (KAR)

AJAY. L v. THE STATE OF KARNATAKA

CRL.P/5285/2025 · 2025-04-24

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16994 CRL.P No. 5285 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. 5285 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: AJAY. L S/O. LOGANATHAN. K, AGED ABOUT 36 YEARS, R/AT NO.3, PLOT NO.212A, 5TH STREET, NERKUNDRAM, VIRUGAMBAKAM, CHENNAI-600 092. …PETITIONER (BY SRI. NEELA KANTA A.T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MAGADI ROAD PS, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. BHUVANESHWARI D/O. LAKSHMIPATHY, AGED ABOUT 36 YEARS, R/AT NO.5/12, 1ST FLOOR, 4TH E BLOCK, 10TH A MAIN, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. SANCHAN JAINANDAN, ADVOCATE FOR R2) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16994 CRL.P No. 5285 of 2025 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.17115/2017 ON THE FILE OF XXIV ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, NRUPATHUNGA ROAD, BANGALORE TRIED FOR OFFENCES P/U/S 498A, 506 R/W 34 OF IPC AND SECTION 3, 4 OF D.P ACT REGISTERED BY MAGADI ROAD P.S AS AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader accepts notice for respondent No.1. 2. Sri Sanchan Jainandan, learned counsel, files vakalath on behalf of respondent No.2. 3. The petitioner (accused No.1), who has been charge- sheeted for offences punishable under Sections 498A and 506 read with Section 34 of the Indian Penal Code (IPC), and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court seeking relief. 4. The prosecution alleges that accused No.1 (husband) subjected the de facto complainant to both mental and physical cruelty, threatened her with dire consequences, and demanded money from her parental home. 5. The parties are present before this Court and have filed a joint memo stating that they have resolved the dispute amicably. In terms of the settlement, their marriage has been - 3 - NC: 2025:KHC:16994 CRL.P No. 5285 of 2025 dissolved in M.C. No.1574/2017. Accused No.1 has agreed to pay a sum of ₹3,00,000/- towards permanent alimony, of which ₹1,50,000/- has already been paid, and the balance amount has been paid to the de facto complainant, who is present before this Court today. The joint memo is placed on record. 6. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioner to trial would serve no purpose. The likelihood of conviction is remote and bleak in light of the settlement. Therefore, continuing criminal proceedings against the petitioner would amount to an abuse of the legal process. 7. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.17115/2017 pending on the file of the learned XXIV Additional Chief Judicial Magistrate Court, Nrupathunga Road, Bengaluru, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 1