- 1 - NC: 2025:KHC:17348 CRL.P No. 6075 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6075 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. PARTHIBAN S/O VITTAL RAO.M, AGED ABOUT 52 YEARS RESIDING AT KRISHNA TEMPLE ROAD, NO.6-241, RAMAIAH LAYOUT NEAR APPORVA MANSION, DODDA BOMMASANDRA VIDHYARANYAPURA POST, BENGALURU-560 097. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, KODIGEHALLI POLICE STATION, BENGALURU 560 100 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU 560 001. 2. SMT. ANU PARTHIBAN W/O, PARTHIBAN AGED ABOUT 45 YEARS, RESIDING AT NO.204, 2ND FLOOR, GULMOHAR RESIDENCY Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17348 CRL.P No. 6075 of 2025 8TH MAIN, TATA NAGAR BEHINF OVERSEAS BANK KODIGEHLLI MAIN ROAD BENGALURU. …RESPONDENTS (BY SRI. Y PRANAY SHARMA., ADVOCATE FOR R2; SRI. B LAKSHMAN, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT PETITION QUASHIN THE ENTIRE PROCEEDINGS IN S.C NO.2247/2022 PENDING IN THE FILE OF THE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CRIME NO.135/2019 OF KODIGEHALLI POLICE STATION, BANGALORE, C.C.NO.7984/2020) FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 307 OF IPC AND PRODUCED AT ANNEXURE-C HOLDING THAT IT IS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1-State. Sri Y. Pranay Sharma, learned counsel files vakalat on behalf of respondent No.2 and the same is placed on record. 2. The petitioner, accused, who is sought to be prosecuted for the offence punishable under Sections 498A and 307 of the IPC, has approached this Court seeking relief. - 3 - NC: 2025:KHC:17348 CRL.P No. 6075 of 2025 3. The prosecution alleges that the petitioner husband subjected the defacto-complainant to cruelty, both mentally and physically and also attempted to kill her. 4. Both the parties are present before this Court and have filed joint memo along with joint affidavit stating that, they have amicably resolved the dispute among themselves. In terms of the settlement their marriage has been dissolved mutually in M.C.No.5965/2018, and the defacto complainant who is present before this Court has agreed to withdraw all the allegations made against the petitioner and has no objection for quashing the impugned proceedings. 5. The joint memo and joint affidavit are taken on record. 6. In the instant case there is no substantive evidence to substantiate that the petitioner-accused attempted to kill the defacto-complainant except the self serving statement of the complainant. 7. Although the offence under Sections 498A and 307 of the IPC is 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 - 4 - NC: 2025:KHC:17348 CRL.P No. 6075 of 2025 the circumstances, the probability of conviction appears remote and bleak due to the settlement. Therefore, allowing the criminal proceedings to continue would amount to an abuse of the process of law. 8. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. ii. The impugned proceedings in S.C. No.2247/2022 on the file of the XLV Additional City Civil and Sessions Judge at Bengaluru insofar it relates to the petitioner-accused herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 135