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NC: 2025:KHC:16666 CRL.P No. 5963 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. 5963 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
M B AKSHAY KUMAR S/O BELLIYAPPA AGED ABOUT 34 YEARS
2. M.M.KALAMMA W/O M.P. BELLIYAPPA AGED ABOUT 64 YEARS
3.
M.P. BELLIYAPPA S/O.POOVAIAH AGED ABOUT 67 YEARS
ALL ARE RESIDING AT AT NO 52 WEST, NEMMALE VILLAGE AND POST, VIRAJPET, KODAGU- 571 249. …PETITIONERS (BY SRI. MAHESH S., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001.
2.
SMT. SUDHA.G.K D/O. KARIYAPPA
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:16666 CRL.P No. 5963 of 2025
AGED ABOUT 35 YEARS RESIDING AT NO E2, SMR RESIDENCY, 1 MAIN ROAD, MALLESHPALYA, BANGALORE -560 075. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1;
SRI. VIDYASAGAR H V, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST THE PETITIONERS IN C.C.NO.25222/2022 PENDING ON THE FILE OF THE XI ADDL.C.J.M BENGALURU CITY FOR THE OFFENCE P/U/S 498A,323,504,506 R/W 34 OF IPC REGISTERED BY THE 1ST RESPONDENT EAST ZONE WOMEN P.S. BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER
1. The learned High Court Government Pleader accepts notice for respondent No.1.
2. Sri Vidyasagar R.H., learned counsel, files vakalath on behalf of respondent No.2.
3. The petitioners have been charge-sheeted for offences punishable under Sections 498A, 323, 504, and 506 read with Section 34 of the Indian Penal Code.
4. The prosecution alleges that accused No.1 (husband) and accused Nos.2 and 3 (parents-in-law) subjected the
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NC: 2025:KHC:16666 CRL.P No. 5963 of 2025
de facto complainant to mental and physical cruelty and also assaulted her.
5. The parties are present before this Court and have filed an application for compounding the aforesaid offences, stating that accused No.1 and the de facto complainant have resolved the dispute. The said application is placed on record.
6. In terms of the settlement, the marriage between accused No.1 and the de facto complainant has been dissolved mutually in M.C. No.5185/2022. Accused No.1 has agreed to pay a sum of ₹5,00,000/- towards permanent alimony, out of which ₹2,50,000/- was paid before the Family Court, and the balance amount of ₹2,50,000/- has been paid to the de facto complainant through a demand draft. Respondent No.2, who is present before this Court, acknowledges receipt of the same, subject to realization.
7. As per the settlement, the de facto complainant has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings.
8. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the
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NC: 2025:KHC:16666 CRL.P No. 5963 of 2025
amicable resolution between the parties, subjecting the petitioners to trial would serve no purpose. In light of the settlement, the likelihood of the prosecution succeeding is remote and bleak.
9. In view of the above, continuing the criminal proceedings against the petitioners would amount to an abuse of the process of law.
10. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.25222/2022 pending on the file of the learned XI Additional Chief Judicial Magistrate, Bengaluru City, are hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM List No.: 3 Sl No.: 4