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2025 DAILYLAW 26959 (KAR)

SRI PRAVEEN G P., v. THE STATE OF KARNATAKA BY

CRL.P/7255/2025 · 2025-06-20

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21644 CRL.P No. 7255 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7255 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI PRAVEEN G. P., S/O PAPAIAH, AGED ABOUT 35 YEARS, R/AT SURAKSHA NILAYA, I FLOOR, RML NAGAR, SHIVAMOGGA, PIN – 577 201. …PETITIONER (BY SRI. UMAKANTHA H. S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY AMRUTHAHALLI POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001. 2. SMT MEGHA BALAKRISHNA, W/O PRAVEEN G. P., AGED ABOUT 37 YEARS, R/AT NO. B2, 101, CETRUS VENTURE, ARIS LAKE VIEW APARTMENT, JAKKUR, BENGALURU PIN – 560 084. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 20.06.2025) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21644 CRL.P No. 7255 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF THE 41ST A.C.J.M BENGALURU OF AMRUTHAHALLI P.S. BENGALURU IN C.C.NO.19378/2023 (CR.NO.20/2023) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 498A, 506 OF IPC AND SEC.4 OF D,P ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “WHEREFORE, the above named petitioner humbly prays that this Hon’ble Court be pleased to call for the entire records on the file of the 41st Addl. Chief Judicial Magistrate, Begnaluru of Amruthahalli Police Station, Bengaluru in C.C.No.19378/2023 (Cr.No.20/2023) and further be pleased to Quash the entire proceedings on the file of the 41st Addl. Chief Judicial Magistrate, Bengaluru of Amruthahalli Police Station, Bengaluru in C.C.No.19378/2023 (Cr.No.20/2023) for the alleged offences punishable u/s. 498-A, 506 of IPC and Section 4 of D.P. Act and grant any such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-complainant filed a complaint before respondent - 3 - HC-KAR NC: 2025:KHC:21644 CRL.P No. 7255 of 2025 No.1 police in Crime No.20/2023, which culminated in C.C.No.19378/2023 before the Trial Court, punishable for the offences punishable under Sections 498A, 506 of IPC and Section 4 of the Dowry Prohibition Act. Further, the matrimonial dispute filed by respondent No.2 against the petitioner in M.C.No.1153/2023, 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.19378/2023 pending before the Trial Court. The relevant portion of the said Memorandum of Settlement filed before the Family Court reads as under: “9. The 1st petitioner has agreed to co-operate for closing/quashing in C.C.No.19378/2023, filed under Section 498A, 506, 504 of IPC, pending before the 4th ACMM, Bengaluru filed against the 2nd petitioner.” 4. In view of the aforesaid facts and circumstances and the fact that the petitioner-accused 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.19378/2023 pending before the Trial Court, continuation of - 4 - HC-KAR NC: 2025:KHC:21644 CRL.P No. 7255 of 2025 criminal proceedings against the petitioner 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.19378/2023 (arising out of Crime No.20/2023 registered by respondent No.1-Police), pending on the file of the 41st 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.: 4 Sl No.: 46