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2025 DAILYLAW 24171 (KAR)

SRI ASHUTHOSH v. SMT NIKITHA SINGH

CRL.P/5702/2025 · 2025-04-17

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16046 CRL.P No. 5702 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5702 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI ASHUTHOSH S/O SRI. MANOJ KUMAR SINGH, AGED ABOUT 33 YEARS R/AT NO.97, 3RD C MAIN ROAD, JANATHA COLONY, DODDAKANNALI, SARJAPUR ROAD BENGALURU-560 035. 2. SMT. DEEPIKA SINGH D/O MANOJ KUMAR SINGH, AGED ABOUT 29 YEARS R/AT NO.648, WILL SRIPUR KHAS SRIPUR, GHORASAHAN EAST, CHAMPARAN BIHAR STATE-845 301. 3. SRI. MANOJ KUMAR SINGH, S/O SUKADEVA SINGH AGED ABOUT 62 YEARS R/AT NO.648, WILL SRIPUR KHAS SRIPUR, GHORASAHAN EAST, CHAMPARAN BIHAR STATE-845 301. 4. SMT. SHARDA SINGH W/O SRI. MANOJ KUMAR SINGH, AGED ABOUT 51 YEARS R/AT NO.648, WILL SRIPUR KHAS SRIPUR, GHORASAHAN EAST, CHAMPARAN BIHAR STATE 845 301. …PETITIONERS (BY SRI. SHEKARAPPA., ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16046 CRL.P No. 5702 of 2025 AND: 1. SMT NIKITHA SINGH W/O.SRI. ASHUTHOSH, AGED ABOUT 33 YEARS, R/AT NO.97, 2ND FLOOR, PLOT NO. 201, 3RD C MAIN ROAD, JANTHA COLONY DODDAKANLI, SARJAPURA ROAD, BENGALURU AND ALSO WORKING AT HDFC BANK, MARUTHI MANSION, 1ST FLOOR, NO.548/D, CHINMAYA MISSION HOSPITAL ROAD, INDIRANAGAR-BENGALURU-560 038. 2. STATE OF KARNATAKA REP BY ITS BELLANDURU POLICE BENGALURU NOW REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT, BENGALURU -560 001. …RESPONDENTS (BY SRI. JAGADISH N, ADVOCATE FOR R1; SRI. RAHUL RAI K, HCGP FOR R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.14490/2022 ON THE FILE OF THE 41ST ACMM BENGALURU AT BENGALURU, FOR THE OFFENCE P/US/ 498(A), 504, 506 OF IPC AND SECTION 3 AND 4 OF DP ACT IN THE ABOVE PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri Jagadish N., learned counsel, files vakalath on behalf of respondent No.2. - 3 - NC: 2025:KHC:16046 CRL.P No. 5702 of 2025 2. The petitioners (accused Nos.1 to 4), who are sought to be prosecuted for the offences punishable under Sections 498-A, 504, and 506 of the IPC, are before this Court seeking relief. 3. The prosecution alleges that accused No.1 (husband) and the other relatives of the husband subjected the de facto complainant to mental and physical cruelty and also demanded money from her parental home. 4. The parties are present before this Court and have filed an application along with an affidavit stating that they have amicably resolved the dispute among themselves. In terms of the settlement, the marriage of accused No.1 with the de facto complainant has been mutually dissolved in M.C. No.3331/2022. 5. Respondent No.2 (complainant) is present before this Court and has agreed to withdraw all the allegations made against the petitioners. She has no objection to the quashing of the impugned proceedings. 6. The application and the affidavit are taken on record. 7. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the amicable resolution of the dispute, subjecting the petitioners to further investigation would serve no purpose. In - 4 - NC: 2025:KHC:16046 CRL.P No. 5702 of 2025 light of the settlement, the likelihood of the police filing a charge sheet is remote and bleak. 8. In view of the above, the continuation of the criminal investigation against the petitioners would amount to an abuse of the process of law. 9. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.14490/2022 pending on the file of the learned 41st Additional Chief Metropolitan Magistrate, Bengaluru, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 7