- 1 - HC-KAR NC: 2025:KHC:22328 CRL.P No. 7636 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7636 OF 2025 BETWEEN: 1. SRI. DHIVIK ASHOK, S/O ASHOK, AGED ABOUT 40 YEARS, 2. SMT. CHANDRAKALA, W/O ASHOK, AGED ABOUT 63 YEARS, 3. SRI. ASHOK, S/O SRINIVAS REDDY, AGED ABOUT 72 YEARS, ALL ARE R/AT NO.151, 8TH CROSS, 4TH MAIN, DOLLARS COLONY, BTM LAYOUT 2ND STAGE, BANGALORE – 76. …PETITIONERS (BY SRI. RAGHAVENDRA REDDY C.R., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY BASAVANAGUDI WOMEN POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22328 CRL.P No. 7636 of 2025 BENGALURU -560 001. 2. SMT. DEEPA. L, W/O DHIVIK ASHOK, AGED ABOUT 36 YEARS, R/AT NO.704, DURGA FLUTE, 19TH ASHOKPURAM, YESHWANTHPUR SUBURB, MAHALAKSHMI LAYOUT, BENGALURU – 560 086. …RESPONDENTS (BY SRI.CHENNAPPA ERAPPA, HCGP FOR R-1; SRI.AKKI MANJUNATH GOWDA K., ADVOCATE FOR R-2) *** THIS CRL.P. IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.20157/2024 (CR.NO.276/2023) OF RESPONDENT NO.1 BASAVANAGUDI WOMEN POLICE, FOR THE OFFENCES P/U/S 498(A), 323, 504, 506 R/W 34 OF IPC, U/S 3 AND 4 D.P ACT, EARLIER PENDING ON THE FILE OF 37th ACJM, BENGALURU CITY, NOW PENDING ON THE FILE OF 37th ACJM, BENGALURU CITY. THIS CRL.P., 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, petitioners have sought for the following relief:- “WHEREFORE, the petitioners in the above matter most respectfully prays that this Hon'ble Court - 3 - HC-KAR NC: 2025:KHC:22328 CRL.P No. 7636 of 2025 may be pleased to quash the entire proceedings against the petitioners in C.C.No.20157/2024 (Crime No.276/2023) of Respondent No.1 - Basavanagudi Women Police, for the offences punishable under Sections 498(A), 342, 504, 506 r/w.34 IPC and Section 3 and 4 of Dowry Prohibition Act. Earlier it was pending on the file of 37th ACJM, Bengaluru City, Now pending on the file of the Hon'ble 37th Addl. Chief Judicial Magistrate, Bengaluru City, in the interest of justice.” 2. Learned counsel for the petitioners - accused Nos.1, 2 and 3 respectively and learned counsel for second respondent – complainant have filed a Joint Affidavit dated 25.06.2025, duly signed by all the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos. 1 to 3, respondent No.2 and their respective learned counsel are physically present before the Court and they admit the contents of the Joint Affidavit dated 25.06.2025, which reads as under:- - 4 - HC-KAR NC: 2025:KHC:22328 CRL.P No. 7636 of 2025 “Joint Affidavit filed by petitioner No.1/accused No.1 Dhivik Ashok, Petitioner No.2/accused No.2 Smt. Chandrakala, Petitioner No.3/accused No.3 Sri. Ashok and Respondent No.2/complainant Smt. Deepa.L We, (1) Sri. Dhivik Ashok S/o Ashok, Aged about 40 years (2). Smt. Chandrakala W/o Ashok, Aged about 63 years, (3). Sri. Ashok S/o Srinivas Reddy, Aged about 72 years, All are R/at No. 151, 8th Cross, 4th Main, Dollars Colony BTM Layout 2nd Stage, Bangalore-76 and Smt. Deeppa L W/o Dhivik Ashok Aged about 36 years R/at No.704, Durga Flute, 19th Ashokpuram, Yeshwanthpur Suburb, Mahalakshmi Layout, Bengaluru-560086 do hereby solemnly affirm and state on oath as follows:- 1. We state that we are the petitioners and respondent No.2/ complainant in the above case and we are well conversant with the facts and circumstances of the case. Hence we are swearing to this affidavit. 2. I, the respondent No.2/complainant submits that I lodged a complaint against the petitioners before the respondent No.1 police station and same was registered in Cr. No. 276/2023 for offence punishable under sections 498(A), 323, 504, 506 - 5 - HC-KAR NC: 2025:KHC:22328 CRL.P No. 7636 of 2025 R/w 34 IPC and section 3 and 4 of Dowry Prohibition Act against the petitioners, subsequently after investigation, the respondent No.1 police have submitted their charge sheet for the offence punishable under sections 498(A), 323, 504, 506 R/w 34 IPC and section 3 and 4 of Dowry Prohibition Act against the petitioners in CC No. 20157/2024. Earlier it was pending on the file of 37th ACJM, Bengaluru City Now Pending on the file of Hon'ble 39th Addl. Chief Judicial Magistrate, Bengaluru City. 3. We the petitioners and respondent No.2/complainant submits that due to the advise of elders and well wishers of both the sides now we compromised the matter between us and we have decided to put an end to the litigation and we don't want to continue the said case. 4. I, the respondent No.2/complainant sate that I filed a petition for Decree of Divorce against the petitioner No.1 herein in MC No. 6953/2023 pending on the file of Hon'ble 2nd Addl. Family Court at Bengaluru subsequently on the advise of elders and well wishers the petitioner No.1 and respondent No.2 decided to get decree of Divorce and both have entered agreement before the Karnataka Mediation Centre in the above case and I the respondent No.2 agreed to co-operate with the - 6 - HC-KAR NC: 2025:KHC:22328 CRL.P No. 7636 of 2025 petitioner No.1 to closure of the said Criminal case. 5 We the petitioner No.1 and Respondent No.2 state that inview of settle arrived in MC No.6953/2023, I the petitioner No.1 agreed to clear the Bank loan in the name of M/s BTK Constructions and submit the same before Family court in MC No. 6953/2023 on the day of reporting settlement, accordingly 1, the petitioner No.1 taken DD in the name of BTK Constructions bearing DD No.268688 dated 17-6- 2025 drawn on State bank of India. 6. I, the respondent No.2 further submits that inview of settlement arrived in MC No.6953/2023, I am not interested in prosecuting/proceeding the above case filed by me, leading the case further will not yield any result and it leads to wastage of valuable time of the Hon'ble court and accrues financial loss to the government exchequer. 7. We the Petitioner No.1 and respondent No.2 agreed that before getting decree of divorce in MC No.6953/2023 the said Criminal case is to be closed, Hence we request this Hon'ble court be pleased to quash the entire proceedings against the petitioners in CC No. 20157/2024 (Crime No. 276/2023) of - 7 - HC-KAR NC: 2025:KHC:22328 CRL.P No. 7636 of 2025 Respondent No.1 Basavanagudi Women Police, for offences Punishable under Sections 498(A), 323, 504, 506 R/w 34 IPC and section 3 and 4 of Dowry Prohibition Act. Earlier it was pending on the file of 37th ACJM, Bengaluru City Now Pending on the file of Hon'ble 39th Addl. Chief Judicial Magistrate, Bengaluru City, Hence, we most respectfully pray that this Hon'ble court may be pleased to pass necessary orders as this Hon'ble court deemed fit in the circumstance of the case, in the interest of Justice.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 25.06.2025. (ii) The proceedings in C.C.No.20157/2024 (arising out of Crime No.276/2023 of 1st respondent – Basavanagudi Women Police Station) registered for the offences punishable - 8 - HC-KAR NC: 2025:KHC:22328 CRL.P No. 7636 of 2025 under Sections 498(A), 323, 504, 506 r/w. 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of the 37th Additional Chief Judicial Magistrate, Bengaluru City, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 2 Sl No.: 50