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NC: 2025:KHC:12341 CRL.P No. 6132 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6132 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SRI. SATYANARAYANA SWAMY S/O LATE. KRISHNAPPA A. R., AGED ABOUT 54 YEARS, R/AT NO. 10, RAILWAY PARALAL ROAD, RPC LAYOUT, 7TH MAIN, 8TH CROSS, BAPUJI NAGAR, HAMPINAGAR, BENGALURU - 560 040.
2.
SRI LOHITH GOWDA S/O RANGANATH, AGED ABOUT 33 YEARS, R/AT NO. 499, 7TH MAIN 4TH CROSS, VIJAYANAGAR, BENGALURU 560 040. …PETITIONERS (BY SRI. ARUN K S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN'S P S, BENGALURU 560 070.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA., BENGALURU - 560 001.
2.
SMT JYOTHI G. S.
W/O SRI SATHYANARAYANA SWAMY,
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
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NC: 2025:KHC:12341 CRL.P No. 6132 of 2024
AGED ABOUT 43 YEARS, R/AT NO. 10, RAILWAY PARALAL ROAD, RPC LAYOUT, VIJAYANAGARA, BENGALURU - 560 040. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1, SRI. H. SHANTHI BHUSHAN, DSGI FOR R3.)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLIANT AND FIR IN CR.NO.108/2020, BOTH DATED 29.10.2020 AND CHARGE SHEET IN C.C.NO.16052/2021 REGISTER BY THE RESPONDENT BASAVANAGUDI WOMEN P.S., FOR THE OFFENCE P/U/S 498-A,506 OF IPC BEFORE THE LEARNED 37TH ACMM COURT AT BENGLAURU REGISTERED AGAINST THE PETITIONER VIDE ANNEXURE A,B, AND E RESPECTIVELY.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner, who has been charge-sheeted for offences punishable under Sections 498(A) and 506 of the Indian Penal Code (IPC), is before this Court seeking relief.
2. The prosecution alleges that the petitioner/accused (husband) subjected the de facto complainant to both mental and physical cruelty and also threatened her with dire consequences.
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NC: 2025:KHC:12341 CRL.P No. 6132 of 2024
3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the State.
4. Respondent No.2 filed a petition in MC No. 3918/2021 under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights. In those proceedings, the parties amicably resolved their dispute, and as a result of the settlement, Respondent No.2 has reunited with the petitioner and is leading a cordial marital life as of today.
5. Respondent No.2 has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings. Given that the offences alleged are cognizable and non-compoundable, and in view of the fact that Respondent No.2 has agreed to withdraw all allegations, it would be a futile exercise to subject the petitioner to trial, as the probability of his conviction is remote and bleak in light of the settlement.
6. In such circumstances, the continuation of the criminal proceedings would be an abuse of the process of law. Accordingly, the petition is allowed.
ORDER (i) Criminal petition is allowed.
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NC: 2025:KHC:12341 CRL.P No. 6132 of 2024
(ii) The impugned proceedings in CC No.16052/2021 on the file of the 37th Additional Chief Metropolitan Magistrate Court, Bengaluru is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BH List No.: 2 Sl No.: 6