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2025 DAILYLAW 26855 (KAR)

SMT SANDYA B S v. THE STATE OF KARNATAKA

WP/16476/2024 · 2025-04-29

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:17830 WP No. 16476 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.16476 OF 2024 (GM-RES) BETWEEN: 1. SMT. SANDYA B.S. W/O SURESH NARAYANAPPA AGED ABOUT 37 YEARS R/AT NO.51, SUBHAPRADA NILAYA 1ST FLOOR, 1ST HOUSE BESIDE SUMADHURASHIKARAM VENALITY SEEGEHALLI, KADUGODI BENGALURU - 560067. 2. SRI. SRIKANTH S/O SRINIVAS AGED ABOUT 35 YEARS R/AT NO.310, GEETHA ROAD NEAR REDDY CHOULTRY ROBERTSONPET, SWARNA NAGAR KOLAR GOLD FIELDS KARNATAKA - 563122. 3. SRI. SRINIVAS S/O BATHE GOWDA AGED ABOUT 55 YEARS R/AT NO.310, GEETHA ROAD NEAR REDDY CHOULTRY ROBERTSONPET, SWARNA NAGAR KOLAR GOLD FIELDS KARNATAKA - 563122. 4. SMT. VIJAYA W/O SRINIVAS AGED ABOUT 52 YEARS R/AT NO.310, GEETHA ROAD Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:17830 WP No. 16476 of 2024 NEAR REDDY CHOULTRY ROBERTSONPET, SWARNA NAGAR KOLAR GOLD FIELDS KARNATAKA - 563122. …PETITIONERS (BY SRI. SUJAYEENDRA S, ADV.,) AND: 1. THE STATE OF KARNATAKA BY KADUGODI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560001. 2. SMT. KAMALAMMA W/O LATE NARAYANAPPA AGED ABOUT 72 YEARS R/AT NO.17, NAVARUTHU CHAITHANYA GREENFORD - 1 SEEGEHALLI, KADUGODI BENGALURU - 560067. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1 SRI. SRIHARI N.S. ADV., FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR IN CR NO.0168/2024 REGISTERED BEFORE THE JURISDICTIONAL KADUGODI PS FOR THE OFFENSES PUNISHABLE U/S 323, 324, 504, 506, 34 OF THE INDIAN PENAL CODE 1860 (IPC) THROUGH FIR DTD 28.03.2024 PENDING ONT HE FILE OF THE ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL AT BENGALURU RURAL DIST ARRIGNING THE PRESENT PETITIONERS AS ACCUSED VIDE ANNX-B & ETC. THIS PETITION, COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17830 WP No. 16476 of 2024 CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader (HCGP) accepts notice on behalf of respondent No.1. 2. Sri.Srihari N.S., learned counsel files power on behalf of respondent No.2. 3. The petitioners challenge the registration of crime No.168/2024 for the offence punishable under Sections 323, 324, 504, 506 read with Section 34 of IPC. 4. The respondent No.2 lodged the FIR alleging that the petitioners by forming an unlawful assembly, assaulted, abused and threatened the respondent No.2 with dire consequences. 5. The parties are present before this Court and have filed an application for compounding, stating that they have amicably resolved the dispute among themselves. The incident had allegedly taken place since there was a marital discord between accused No.1 and the son of the defacto complainant. In M.C.No.2266/2025, accused No.1 and the son of the defacto complainant have agreed to dissolve the marriage mutually and the husband has agreed to pay a sum of Rs.20,00,000/- to the petitioner No.1 towards permanent alimony. The respondent No.2 - 4 - NC: 2025:KHC:17830 WP No. 16476 of 2024 has agreed to withdraw all the allegations and has no objection for quashing the impugned FIR. 6. The application is placed on record. 7. Given the fact that the parties have amicably resolved the dispute among themselves, it would be futile to subject the petitioners to investigation trial as the probability of police filing charge sheet is remote and bleak in view of the settlement. In such circumstances, the continuation of the investigation would be an abuse of process of law. 8. Accordingly, the petition is allowed. The impugned First Information Report in Crime No.168/2024 registered by Kadugodi Police Station, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR List No.: 1 Sl No.: 176