Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24292 CRL.P No. 8301 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8301 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
MITHUN ADRIAN LOBO, S/O LATE MELAVIN PITER LOBO AGED ABOUT 40 YEARS RESIDING AT NO.401, NIRAD VAS APARTMENTS NANTOOR, PADUA ROAD, LOUIS PHILIPPE BUILDING, MANAGALORE – 575 002. …PETITIONER (BY SMT. SADHANA.S.DESAI, DVOCATE)
AND:
1.
STATE OF KARNATAKA KONANNAKUNTE POLICE STATION
ANGALORE -560 62.
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU -560 001.
2.
SMT PAVANA N PRASAD D/O SRI K R NAGENDRA PRASAD AGED ABOUT 43 YEARS
R/AT NO.11311 31ST FLOOR
PRESTIGE FALCON CITY APARTMENTS
KONANAKUNTE CROSS METRO STATION BUILDING
NO. 01 TOWER-1
BANGALORE -560 062. …RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL.SPP FOR R-1 SMT. USHA, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR BEARING CR.NO.180/2024 DTD 13.05.2024 AND CHARGE SHEET BEARING NO.180-2024 DATED 04.07.2024 PRODUCED AS ANNEXURE-A HEREIN FILED IN CR.NO.180/2024 DTD 13.05.2024, PENDING ON THE FILE OF THE HONBLE XXX ACJM COURT, BANGALORE.
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:24292 CRL.P No. 8301 of 2025
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, petitioner has sought for the following relief:-
“a) This Hon'ble Court be pleased to call for L.C.R in Crime No: 0180/2024 of Konannakunte Police Station, Bangalore which is pending on the file of the Hon'ble XXX Addl. Chief Judicial Magistrate Court Bangalore.
(b) To Quash the First Information Report bearing Crime Complaint dated 13/05/2024 No. 0180/2024 dated 13/05/2024 and Chargesheet bearing No: 180-2024 dated 04/07/2024 produced as Annexure A herein filed in in C.C No. 24145/2024, against the Petitioners under sections 498A, 341, 504, 506 of the IPC also under section 3 & 4 of the Dowry Prohibition Act 1961 pending on the file of the Hon'ble XXX Addl. Chief Judicial Magistrate Court Bangalore.
(c) To Quash the Further proceedings in C.C No.24145/2024 pending on the file of the Hon'ble XXX Addl. Chief Judicial Magistrate Court Bangalore.
(d) Pass such other and further orders as this Hon'ble Court deems fit to grant under the circumstances of the case in the interest of justice and equity.”
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HC-KAR NC: 2025:KHC:24292 CRL.P No. 8301 of 2025
2.
Learned counsel for the petitioner – accused and
learned counsel for 2nd respondent – complainant have filed an application under Section 482 read with Section 320(8) of the Code of Criminal procedure for compounding, duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application under Section 482 read with Section 320(8) of the Code of Criminal procedure for compounding, which reads as under:-
“APPLICATION UNDER SECTION 482 r/w 320(8) OF THE CODE OF CRIMINAL PROCEDURE FOR COMPOUNDING
The Petitioner most humbly submits as follows:
1. That on a complaint filed by Pavana. N. Prasad D/o K. R. Nagendra Prasad on 13/05/2024 before the Konankunte Police station, Bengaluru, registered a FIR bearing Crime.no.0180/2024 against petitioner for offences punishable under sections 498A, 341, 504, 506 of IPC and Sec 3 and 4 of D P Act. That after investigation Respondent no.1 has filed chargesheet bearing Crime No.810/2024 on 04/07/2024.
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HC-KAR NC: 2025:KHC:24292 CRL.P No. 8301 of 2025
2. It is humbly submitted by Petitioner, that he and Respondent No.2 obtained mutual consent divorce Vide
order dated 03/04/2025 passed by Hon'ble Principal Judge, Family Court, Bengaluru. One of the terms of mutual consent divorce settlement was that I, Pavana would co-operate with the Petitioner to closure or quashing the criminal case 24145/2024 pending before the Hon'ble Court of XXX Additional Chief Judicial Magistrate, Bengaluru in accordance with law before the High Court of Karnataka, Bengaluru. Hence, we both have settled amicably all the issues existed between us.
3. Under these circumstances, the Respondent no. 2 does not intend to proceed with the case against the Petitioner and she voluntarily without any undue influence as decided not to proceed with criminal case against Petitioner. That in view of the facts and circumstances Respondent no. 2 does not intend to proceed with the Criminal case and prays that this Hon'ble High Court may be pleased to permit the parties to compound and quash the proceedings against the Petitioner. The settlement arrived between the parties is without any undue influence and coercion and that Respondent no.2 voluntarily settled the matter.
It is therefore prayed that this Hon'ble High Court may be pleased to permit Petitioner and Respondent no. 2 to compound the offences and be pleased to quash the entire and further criminal proceedings against the petitioner in C.C No. 24145/2024, pending before the Hon'ble Court of XXX
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HC-KAR NC: 2025:KHC:24292 CRL.P No. 8301 of 2025
Additional Chief Judicial Magistrate, Bengaluru (charge sheeted for offences punishable U/Sec 498A, 341, 504, 506 of IPC and Sec 3 and 4 of D P Act.), in the interest of justice.”
4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
ORDER (i) The petition is disposed of in terms of application under Section 482 read with Section 320(8) of the Code of Criminal procedure for compounding dated
04.07.2025.
(ii) The proceedings in C.C.No.24145/2024 (arising out of Crime No.180/2024 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 341, 504, 506 of IPC and Sections 3 and 4 of D.P. Act, pending on the file of XXX Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 24