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2025 DAILYLAW 25076 (KAR)

SRI. VENKATESH AYYAR v. STATE OF KARNATAKA

CRL.P/6351/2025 · 2025-06-26

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22579 CRL.P No. 6351 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6351 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. VENKATESH AYYAR, S/O SRI CHANDRASHEKHAR AYYAR, AGED ABOUT 52 YEARS, RESIDING AT NO. 121192, PRESTIGE FALCON CITY, ANJANADRI LAYOUT, KONANAKUNTE CROSS, BENGALURU – 560 062. 2. SRI S. CHANDRASHEKHAR AYYAR, S/O LATE SRI SUBRAMANYAM AYYAR, AGED ABOUT 83 YEARS, RESIDING AT NO. 121192, PRESTIGE FALCON CITY, ANJANDRI LAYOUT, KONANAKUNTE CROSS, BENGALURU – 560 062. 3. SMT. LALITHA MANJUNATH, D/O CHANDRASHEKHAR AYYAR, AGED ABOUT 54 YEARS, RESIDING AT NO. 121192, PRESTIGE FALCON CITY, ANJANDRI LAYOUT, KONANAKUNTE CROSS, BENGALURU – 560 062. …PETITIONERS (BY SRI. KEERTHI PRASAD D. C., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22579 CRL.P No. 6351 of 2025 AND: 1. STATE OF KARNATAKA BY J P NAGAR POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001 2. SMT. AMUKTA MALYADA @ AMUKTAMALYADA MULAKALURI W/O SRI VENKATESH AYYAR, AGED ABOUT 45 YEARS, RESIDING AT NO. 24301, PRESTIGE FALCON CITY, KONANAKUNTE CROSS, BENGALURU – 560 062. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; VIDE ORDER DATED 26.06.2025, NOTICE TO R2 IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET DATED 27.04.2023 IN CRIME NO.0080/2023 DATED: 08.04.2023 AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTION 323, 504 AND 34 OF IPC IN C.C. NO.11033/2023 PENDING ON THE FILE OF 2ND ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU (EARLIER 30TH A.C.M.M.) THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “(a) Quash the Charge Sheet dated 27.04.2023, in Crime No.80/2023 dated 08.04.2023 against the Petitioners for the offences punishable under Section 323, 504 and 34 of IPC in C.C.No.11033/2023 pending on the file of 2nd Addl. Chief - 3 - HC-KAR NC: 2025:KHC:22579 CRL.P No. 6351 of 2025 Judicial magistrate, Bengaluru and pass such other order/s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that petitioner No.1-accused No.1 and respondent No.2-complainant are the husband and wife and petitioner Nos.2 and 3-accused Nos.2 and 3 are the in-laws of respondent No.2. Respondent No.2- complainant filed a complaint before respondent No.1 police in Crime No.80/2023, which culminated in C.C.No.11033/2023 before the Trial Court, punishable for the offences punishable under Sections 323m 594 r/w. 34 of IPC. Further, the matrimonial dispute between respondent No.2 and petitioner No.1 in M.C.No.7500/2022, ended up in settlement, wherein both parties settled the matrimonial dispute with mutual consent and further agreed to co-operate for quashing of C.C.No.11033/2023 pending before the Trial Court. The relevant portion of the said Memorandum of Settlement filed before the Family Court reads as under: - 4 - HC-KAR NC: 2025:KHC:22579 CRL.P No. 6351 of 2025 “6. The respondent has filed a) xxx b) FIR No.080 of 2023 now registered as CC No.11033 of 2023 for the offences of Sec. 323, 504, 34 IPC at J.P Nagar Police station against the petitioner and his two relatives Mr. Chandrashekar Ayyar and Mrs. Lalitha Manjunath pending on the file of the Learned 2nd Addl. Chief Judicial Magistrate, Bangalore. The respondent has agreed to co-operate or to assist in closing/quashing the said case in before the Hon’ble High Court of Karnataka.” 4. In view of the aforesaid facts and circumstances and the fact that petitioner No.1 – accused No.1 and respondent No.2- complainant have settled the matrimonial dispute and also agreed to co-operate for quashing the criminal proceedings in C.C.No.11033/2023 pending before the Trial Court, continuation of criminal proceedings against petitioners-accused Nos.1 to 3 would amount to abuse of process of law and the same deserves to be quashed. 5. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned criminal proceedings in C.C.No.11033/2023 (arising out of Crime - 5 - HC-KAR NC: 2025:KHC:22579 CRL.P No. 6351 of 2025 No.80/2023 registered by respondent No.1-Police), pending on the file of the 2nd Addl. Chief Judicial Magistrate, Bengaluru, in so far as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 6