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2025 DAILYLAW 27664 (KAR)

CHANDRACHUD v. STATE OF KARNATAKA

CRL.P/7637/2025 · 2025-06-05

S R Krishna Kumar

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19091 CRL.P No. 7637 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7637 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. CHANDRACHUD S/O MUTHUPILLAI ARMUGAM AGED ABOUT 41 YEARS, R/AT FLAT NO 204, FLACON NEST, 1ST ‘A’ CROSS, KAGGADASANAPURA, BENGALURU - 560 093. 2. SMT RENUKA DEVI W/O MUTHUPILLAI ARMUGAM AGED ABOUT 77 YEARS, R/AT FLAT NO 204, FLACON NEST, 1ST ‘A ‘ CROSS, KAGGADASANAPURA, BENGALURU - 560 093. …PETITIONERS (BY SRI. SANTHOSH KUMAR M B.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT SHRUTI NARAYANAN IYER D/O PALGHAT RAMAN NARAYANAN PRESENTLY RESIDING AT NO 1578 SECTOR 7, BLOCK ‘E’ FARIDABAD HARYANA – 121 006. …RESPONDENTS (BY SRI. CHANNAPPA EARAPPA, HCGP FOR R-1 SRI. SHIVANANDA.R, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19091 CRL.P No. 7637 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FURTHER PROCEEDINGS IN CC NO.15671/2021 PENDING ON THE FILE OF THE XXXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY, VIDE ANNEXURE-C IN CRIME NO.298/2019 OF HSR LAYOUT POLICE, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, 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 reliefs:- “ Wherefore, the petitioners most respectfully pray that this Hon’ble Court may be pleased to quash the further proceedings in C.C.No.15671/2021 pending on the file of the XXXIX Additional Chief Judicial Magistrate, Bengaluru City, vide Annexure-C in Crime No.298/2019 of HSR Layout Police, by allowing this Petition in the interest of Justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 05.06.2025 duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. - 3 - HC-KAR NC: 2025:KHC:19091 CRL.P No. 7637 of 2025 3. Petitioners – accused Nos.1 and 2 and respondent No.2 – complainant and their respective are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- JOINT AFFIDAVIT “ We, 1. Chandrachud S/o. Muthupillai Armugam, Aged about 41 years, R/at. Flat No. 204, Falcon Nest, 1st A Cross Kaggadasanapura, Bengaluru-560093, 2. Smt. Renuka Devi W/Muthupillai Armugam, Aged about 77 years, R/at. Flat No. 20 Falcon Nest, A Cross, Kaggadasanapura, Bengaluru-560093 a 3. Smt. Shruti Narayanan Iyer D/o. Palghat Raman Narayar Presently residing at No. 1578, Sector 7, Block E, Farida. Haryana today at Bengaluru do hereby solemnly affirm and sta oath as follows, 1. For the sake of convenience, the petitioner No. 1 and referred to as 1st party and the 2nd respondent is refe as 2nd party. 2. We submit that, we are the petitioner No.1- accus petitioner No.2-accused No.2 and the 2nd re complainant in the above criminal petition. We know of the case, hence we swear to this joint affidavit. 3. We state that the marriage between the petitioner No.1 and respondent No.2 was solemnized on 23-02-2017 at Palani Tamil Nadu. Out of the wedlock - 4 - HC-KAR NC: 2025:KHC:19091 CRL.P No. 7637 of 2025 child viz. Yugan Armugam, presently aged 7.5 years was born on 21-11-2017. 4. That, the 2 party flied a complaint against the 1st party in Crime No. 298/2019, before the HSR Layout Police, for the offenses punishable under section 506, 34, 498-4,50 pending on the file of the XOOXCX ACIM, Bengaluru C.C. 15671/2021. 5. The 2nd party had flied GW No. 101/2009, on the file of Add Principal Judge, Family Court, Faridabad under the provisions of Guardian and Wards Act, 1860. 6. The 2nd party had also filed COMA 917/2009 on the fe of JMFC, Faridabad under section 12 of the PWD Act, 2005 7. The parties have settled the disputes among them and have filed settlement and compromise deed in GW NOIS same was allowed in terms of Joint agreement 16-05-2025, and disposed of vide order dated 17-05- 2025 8. That, we have decided to settle the pending disputes bet us and accordingly have entered into a settlement 9. We state that, since the matter is compromised and settled between us, the 2nd party-2 respondent has agreed prosecute the case in C.C. No. 15671/2021 pending of XXXIX ACIM, Bengaluru, hence continuance - 5 - HC-KAR NC: 2025:KHC:19091 CRL.P No. 7637 of 2025 of the proceedings is a futile exercise and abuse of process of Law. Wherefore we, most respectfully pray tot his Hon’ble court please to allow the above petition and quash the further proceedings in C.C.No.15671/2021 pending on the file of the XXXIX Additional Chief Judicial Magistrate, Bengaluru City, in the interest of Justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 05.06.2025. (ii) The proceedings in C.C.No.15671/2021 (arising out of Crime No.298/2019 of 1st respondent – Police) registered for the offences punishable under Sections 506, 34, 498-A and 504 of IPC, pending on the file of XXXVII Addl.CMM, Nrupathunga Road, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.