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2025 DAILYLAW 25435 (KAR)

SRI KAMLESH TAJPURI v. STATE BY WHITEFIELD WOMEN PS

CRL.P/6393/2025 · 2025-04-26

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:17521 CRL.P No. 6393 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6393 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI KAMLESH TAJPURI S/O ABHAY KUMAR SINGH, AGED ABOUT 34 YEARS, R/AT B1212, GOPALAN AQUA, A K GOPALAN MAIN ROAD, BENGALURU 560 066. …PETITIONER (BY SRI. RAMA RAMACHANDRA IYER., ADVOCATE) AND: 1. STATE BY WHITEFIELD WOMEN PS BENGALURU CITY. 2. SMT. NEHA RANJAN D/O SATYENDRA KUMAR SINHA AGED ABOUT 32 YEARS, R/AT PADMA NILAYA HOUSE 19/1, PATEL MLUNIYAPAP LAYOUT, VISHWANATH NAGENAHALLI, R T NAGAR BENGALURU 560 032. …RESPONDENTS (BY SRI. MANSOOR AND SMT.SOFIYA ADVS FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS, FIR AND CHARGE SHEET AGAINST THE PETITIONER IN CC.NO.63228/2024 ARISING OUT OF CR.NO.18/2024 LODGED IN WHITEFIELD WOMEN P.S., PENDING ON THE FILE OF THE HONBLE XXIX ACMM, MAYO HALL, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17521 CRL.P No. 6393 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader accepts notice for respondent No.1. 2. Sri Mansoor and Smt. Sofiya, learned counsel, undertake to file vakalath on behalf of respondent No.2. 3. The petitioner, who is being prosecuted for offences punishable under Sections 498A, 504, 506, and 323 of the Indian Penal Code, 1860, is before this Court seeking relief. 4. The prosecution alleges that the petitioner (accused-husband) subjected the de facto complainant to mental and physical cruelty, abused her in vulgar language, threatened her with dire consequences, and assaulted her. 5. The parties are present before this Court and have filed a joint affidavit. 6. The petitioner has annexed a memorandum of settlement under Section 89 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 7. A perusal of the memorandum of settlement and the joint affidavit indicates that the marriage between the petitioner and the de facto complainant has been mutually dissolved in M.C. No.3180/2024. The petitioner has agreed to pay an amount of ₹75,000 to respondent No.2 towards the maintenance, education, and welfare of the child. - 3 - NC: 2025:KHC:17521 CRL.P No. 6393 of 2025 8. Respondent No.2 has agreed to withdraw all allegations against the petitioner and has no objection to the quashing of the impugned proceedings in terms of the settlement. 9. Although the offences alleged are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioner to trial would serve no purpose. The likelihood of conviction is remote and bleak in light of the settlement. Therefore, continuing criminal proceedings against the petitioner would amount to an abuse of the legal process. ORDER i. Accordingly, petition is allowed. ii. The impugned proceedings in C.C.No.63228/2024 on the file of XXIX Addl. Chief Judicial Magistrate Mayohall, Bangalore is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 62