P. AYAPPA @ AYYAPPA @ DORESWAMYA v. STATE OF KARNATAKA
CRL.P/5252/2025 · 2025-04-29
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23342 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23342 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17886 CRL.P No. 5252 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5252 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
P. AYAPPA @ AYYAPPA @ DORESWAMYA S/O DORASWAMY, AGED ABOUT 35 YEARS, R/AT NO.01, CHITTAPURA CHITTOR DISTRICT ANDHRA PRADESH
PRESENTLY RESIDING AT NO.782/4, AFS CIVILIAN QUARTERS, JALAHALLI WEST, BENGALURU.
2.
SMT. RADHA C W/O CHOKKALINGAM, AGED ABOUT 45 YEARS R/AT NO.3-19, C BANDA PALLE GUDIPALA, CHITTOR DISTRICT ANDHRA PRADESH. …PETITIONERS (BY SRI. V.F. KUMBAR, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY GANGAMMANA GUDI POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU - 560 001.
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:17886 CRL.P No. 5252 of 2025
2.
SMT. GAYATHRI V W/O AYAPPA AGED ABOUT 29 YEARS R/AT NO.782/4, AIRFORCE CIVIL QUARTERS QUARTERS, SHETTYHALLI JALAHALLI BENGALURU-560015. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED IN CC.NO.24191/2022 IN CRIME NO.55/2022 REGISTERED BY THE GANGAMANAGUDI POLICE STATION, BANGALORE, FOR THE OFFENCES P/U/S 498(A) OF IPC, U/S 3 AND 4 OF D.P ACT, PENDING ON THE FILE OF 8TH ACMM COURT, AT BANGALROE, VIDE AT ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners (accused Nos.1 and 2), who are sought to be prosecuted for the offence punishable under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act, are before this Court seeking relief.
2. The prosecution alleges that accused No.1 (husband), and accused No.2 (sister-in-law) subjected the de- facto complainant to cruelty both mentally and physically, and demanded money from the parental home.
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NC: 2025:KHC:17886 CRL.P No. 5252 of 2025
3. The parties are present before this Court. The petitioners have annexed the copy of memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules,
2005.
4. Perusal of the memorandum of settlement indicated that the parties have amicably resolved the dispute among themselves. In terms of the settlement, the respondent No.2 has reunited and intends to continue to lead happy marital life. In terms of the settlement, the respondent No.2 (wife) has agreed to withdraw all the allegations, and has no objection to quashing the impugned proceedings. The said memorandum of settlement is placed on record.
5. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering that the parties have amicably resolved the dispute, subjecting the petitioners 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 petitioners would amount to an abuse of the legal process.
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NC: 2025:KHC:17886 CRL.P No. 5252 of 2025
6. In view of the above, continuing the criminal proceedings against the petitioners would amount to an abuse of the process of law.
7. Accordingly, the petition is allowed. The impugned criminal proceedings in C.C. No.24191/2022 pending on the file of the learned 8th Additional Chief Metropolitan Magistrate Court, Bangalore, is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM List No.: 3 Sl No.: 6