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2025 DAILYLAW 24511 (KAR)

GANGADHAR G v. STATE BY

CRL.P/5709/2025 · 2025-04-22

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16744 CRL.P No. 5709 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5709 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: GANGADHAR G S/O GANGARANGAIAH AGED ABOUT 41 YEARS R/AT NO.252, 4TH CROSS, DODDATHOGUR, CELEBRITY PARADISE LAYOUT, ELECTRONIC CITY, BENGALURU-560 010. …PETITIONER (BY SMT. D.N. MAMATHA, ADVOCATE) AND: 1. STATE BY HSR P.S. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01. 2. SHIVAPRIYA D/O. LATE NINGAIAH, AGED ABOUT 40 YEARS, R/AT NO.280, 4TH MAIN, 23RD CROSS, 7TH SECTOR, HSR LAYOUT, BANGALORE. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. RAGHAVENDRA S., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.24874/2019 FOR OFFENCES P/U/S Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16744 CRL.P No. 5709 of 2025 498A, 504, 509, 149 AND 323 IPC, PENDING BEFORE THE 6TH ACMM, BANGALORE, REGISTERED BY THE FIRST RESPONDENT VIDE FIR IN CRIME NO.589/2017 AGAINST THE PETITIONERS HEREIN VIDE ANNEXURE-A, B, C AND 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 learned High Court Government Pleader accepts notice for the respondent No.1-State. Sri Raghavendra S. learned counsel files power on behalf of respondent No.2, and the same is placed on record. 2. The petitioner-accused who is facing trial for the offences punishable under Sections 498A, 504, 509 r/w section 149 and Section 323 of IPC is before this Court seeking relief. 3. The prosecution alleges that accused is the husband of the defacto-complainant and he subjected the defacto complainant to cruelty, both mentally and physically, abused in Vulgar language, assaulted her and threatened with dire consequences. - 3 - NC: 2025:KHC:16744 CRL.P No. 5709 of 2025 4. Parties are present before this Court and the petitioner has annexed a copy of affidavit and the joint memo of the defacto-complainant and the petitioner stating that they have amicably settled the disputes among themselves, and the marriage of the accused with the respondent No.2 defacto complainant has been dissolved mutually in M.C.No.3150/2022, and the petitioner has agreed to pay a sum of Rs.8,00,000/- towards permanent alimony to the respondent No.2 defacto complainant and the respondent No.2 who is present before this Court has received the demand draft for a sum of Rs.8,00,000/- and the receipt of which is acknowledged subject to the realization and she has agreed to withdraw all the allegations made against the petitioner-accused herein and has no objection for quashing the impugned proceedings. 5. The same is placed on record. 6. Although the offences are cognizable and non- compoundable, considering that the parties have amicably resolved the dispute and the complainant has no objection to quashing the proceedings, continuing the trial would be futile. Given the circumstances, the probability of conviction appears remote and bleak due to the settlement. Therefore, allowing - 4 - NC: 2025:KHC:16744 CRL.P No. 5709 of 2025 the criminal proceedings to continue would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in C.C.No.24874/2019 on the file of the 6th ACMM Bangalore, insofar it relates to petitioner herein is hereby quashed. In view of the disposal of the main petition, I.A.No.1/2025 does not survive for consideration and accordingly disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 157