- 1 - NC: 2025:KHC:3936 CRL.P No. 4796 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4796 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. LOHITH T S/O THAMOTHARAM C AGED ABOUT 38 YEARS R/AT NERLAKERE VILLAGE D.K.HALLI POST BANGARPET TALUK BANGARPET, PIN-563 115 2. THAMOTHARAM C S/O LATE CHIDAMBARAMDASS AGED ABOUT 71 YEARS 3. SAMPATH S/O LATE CHINNAPPAN AGED ABOUT 66 YEARS R/AT NO.1631, USHA MAHAL GOWTHAM NAGAR, 1ST CROSS ROBERTSONPET POST K.G.F., PIN-563 122 4. VIMALA KUMARI W/O THAMOTHARAM C AGED ABOUT 63 YEARS PETITIONERS NO.2 AND 4 BOTH ARE R/AT NO.591, SUBASH NAGAR ROBERTSONPET POST K.G.F, PIN-563 122 …PETITIONERS (BY SRI. S. NAVEEN KUMAR, ADVOCATE) Digitally signed by ANJALI M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3936 CRL.P No. 4796 of 2024 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SPP HIGH COURT BENGALURU DISTRICT PIN-560 001 2. SMT. POORNIMA W/O LOHITH AGED ABOUT 29 YEARS R/AT NERALAKERE VILLAGE KASABA HOBLI BANGARPET TALUK KOLAR DISTRICT-563 114 MOBILE NO.9353622709/9480123806 …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1; SMT. POORNIMA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FILE OF C.C.NO.2528/2023, U/S 498A, 354, 504, 506, 323, 324, 34 OF IPC ON THE FILE OF THE BANGARPET POLICE JURISDICTION IN THE COURT OF PRL. CIVIL JUDGE AND JMFC AT BANGARPET, IN SO FAR AS THE PETITIONERS IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:3936 CRL.P No. 4796 of 2024 ORAL ORDER In this petition, petitioners have sought for the following relief:- "WHEREFORE, it is prayed that this Hon'ble Court may be pleased to quash the CC No.2528/2023, under Sections 498A, 354, 504, 506, 323, 324, 34 of IPC on the file of the Bangarpet police jurisdiction, in the Court of Principal Civil Judge and JMFC at Bangarpet, in so far as the petitioners are concerned in the interest of justice and equity." 2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by petitioner No.1, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 4 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT" We, LOHITH T. s/o Thamotharam C. Aged about 38 years, and POORNIMA T W/o Lohith R/at No-591, Subasha Nagar, Robertsonpet, K.G.F Bangarpet (T). Kolar (D), and - 4 - NC: 2025:KHC:3936 CRL.P No. 4796 of 2024 today we are in Bangaluru, do hereby solemnly jointly affirm and state an oath as follows: 1. We are am the 1" petitioner and 2 respondent in the above criminal petition, we know the facts and circumstances of the case. The 2nd, 3rd, and 4th petitioners has authorized us to swear to the contents of this affidavit. Hence, we are swearing to this affidavit on behalf of ours and also on behalf of the other petitioners. 2. We further state that, filed the above Criminal Petition to quash the FIR dated 17.06.2023, in Cr. No.166/2023 and in the C.C. No-2528 2023 on the In the Court of Prl. Civil judge and JMFC at Bangarapet. 3. We further state that, we are both as husband and wife having some misunderstanding in life, and now we came to know that value of the life and future, we have decided to rejoin to lead happy life in a same roof, and from 29/06/2024 we are living in the above address, and leading happy life, without any problem with each other, as a husband and wife we are taking care of each and other. We are furnishing the Aadhara card's, for the kind perusal of this honorable Court. 4. We further submits that, we have present at court below, and submitted as in the para No - 3 of this affidavit, and for the same is court below was oral suggested as some time life with happy married life as couples, and report the same, hence we are stating the above address, and leading happy - 5 - NC: 2025:KHC:3936 CRL.P No. 4796 of 2024 life at above address, hence this memo for the allow the petition as prayed. WHEREFORE, we are prayed that this Hon'ble Court may be pleased to quash the on the file of the CC No-2528/2023, U/S 498a, 354, 504, 506,323, 324, 34 of IPC. on the file of the Bangarpet police jurisdiction In the Court of Prl Civil judge and JMFC at Bangarapet, in so far as the petitioners is concerned in the interest of justice and equity." 4. In view of the aforesaid settlement entered into between the 1st petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 25.01.2025. (ii) The proceedings in C.C.No.2528/2023 (arising out of Crime No.166/2023 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 354, 504, 506,323, 324 34 of IPC pending on the file of Principal Civil Judge and JMFC at Bangarpet, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE AP, List No.: 1 Sl No.: 11