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2025 DAILYLAW 23791 (KAR)

SRI ABHRAJIT ROY v. SMT DIPANWITA GHOSH

CRL.P/5099/2022 · 2025-06-24

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22088 CRL.P No. 5099 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 5099 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI ABHRAJIT ROY S/O SRI ASOKE KUMAR ROY AGED ABOUT 36 YEARS R/A NO.42, GARDEN RESIDENCY FLAT NO.405, GARDEN LAYOUT ROAD HSR LAYOUT, 2ND SECTOR, BENGALURU-560102 CURRENTLY R/AT NO.302 SHREE VARU RESIDENCY, JAYARAM REDDY LAYOUT, OPP LACASA BREWERY KASAVANAHALLI, BENGALURU-560035 2. SRI ASOKE KUMAR ROY S/O LATE KISHORI MOHAN ROY AGED ABOUT 69 YEARS 3. SMT ANUVA ROY W/O SRI ASOKE KUMAR ROY AGED ABOUT 57 YEARS PETITIONERS 2 AN 3 ARE R/A NO.16D, FAKIR PARA ROAD P O + P S, BEHALA, KOLKATA WEST BENGAL-700034 …PETITIONERS (BY SRI. K S GANESHA, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22088 CRL.P No. 5099 of 2022 AND: 1. SMT DIPANWITA GHOSH W/O SRI ABHRAJIT ROY AGED ABOUT 32 YEARS R/A FLAT NO.303, DIYA BUILDING-32 HSR LAYOUT, 2ND SECTOR, 8TH CROSS RELIABLE RESIDENCY PHASE-1 BENGALURU-560102 2. STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION BENGALURU REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, BENGALURU-560001 …RESPONDENTS (BY SRI. N GOWTHAM RAGHUNATH, ADVOCATE FOR R1; SRI.VENKAT SATYANARAYAN.A, HCGP FOR R2;) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET SUBMITTED BY HSR LAYOUT POLICE AGAINST THE PETITIONERS IN C.C.NO.13168/2020 (CR.NO.310/2017) DATED 12.12.2017 PENDING FOR ADJUDICATION BEFORE THE 37TH A.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 498A R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:22088 CRL.P No. 5099 of 2022 ORAL ORDER Petitioners/Accused Nos.1 to 3 and respondent No.1/defacto complainant as well as their respective learned counsel and learned High Court Government Pleader are present. 2. This petition is filed by accused Nos.1 to 3 under Section 482 of Cr.P.C, to quash the criminal proceedings in C.C.No.13168/2020 arising out of Cr.No.310/2017 on the file of 37th ACMM, Bengaluru, for the offences punishable 498-A r/w Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act ('DP Act' for short). 3. A compromise petition in the form of joint memo duly signed accused No.1 and respondent No.1/complainant is filed. 4. The terms and conditions of settlement arrived at between the parties reads as under: - 4 - HC-KAR NC: 2025:KHC:22088 CRL.P No. 5099 of 2022 "1. On the complaint of the Respondent No.1, the Respondent No.2 registered Crime No.0310/2017 against the Petitioners for the offence p/u/s 498A r/w 34 of IPC and after completion of the investigation filed charge sheet against the petitioners for the aforesaid offences in C.C.No. 13168/2020 before the 37th ACMM, Bengaluru and the same is pending adjudication. 2. The Petitioners herein filed this petition seeking quashing of the charge sheet filed against them and sought for the staying of the proceedings. This Hon'ble Court vide its order dated 02-08-2022 stayed the proceedings against the Petitioners No.2 and 3. 3. With intervention of the elders and well-wishers of Petitioners and 1st Respondent, they have decided to bury their differences by closing all the ongoing pending litigations between them. In pursuance of the same, the 1st Petitioner and 1st Respondent have entered into a memorandum of settlement on 02-05- 2025, in M.C.161/2023, which was filed by the 1st Respondent seeking divorce, before the 1st Addl.Senior Civil Judge, Bengaluru Rural District, Bengaluru, wherein the 1st Petitioner has paid and the 1st Respondent has received a sum of Rs.17,50,000-00 under demand draft bearing No.249138, dated 24-04- 2025 drawn on State Bank of India, Rajaramohan Roy Road, Kolkatta, as litigation and Marriage expense the full of her satisfaction. 4. In view of the settlement arrived at, the 1st Respondent has no objection to quash the proceedings against all the Petitioners in C.C.No. 13168/2020 pending before the 37th ACMM, Bengaluru. 5. Therefore, it is prayed that, the Hon'ble Court may be pleased to accept this joint memo and quash the - 5 - HC-KAR NC: 2025:KHC:22088 CRL.P No. 5099 of 2022 entire proceedings against the Petitioners in C.C.No. 13168/2020 pending before the 37th ACMM, Bengaluru, registered for the offences p/u/s 498A r/w 34 of IPC, in the interest of justice." 5. Respondent No.1/complainant admit the compromise and submits that she has no objection to allow the petitions. The terms and conditions of compromise petition are legal and equitable. The same are accepted and accordingly, following: ORDER (i) The petition filed by accused Nos.1 to 3 under Section 482 Cr.P.C, is allowed in terms of compromise entered into between the parties. (ii) The charge sheet in C.C.No.13168/2020 (Cr.No.310/2017) on the file of 37th Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. - 6 - HC-KAR NC: 2025:KHC:22088 CRL.P No. 5099 of 2022 In view of disposal of the petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE RR List No.: 2 Sl No.: 1