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2025 DAILYLAW 29170 (KAR)

SRI ARAVIND RAJANNA v. STATE OF KARNATAKA BY

CRL.P/8504/2025 · 2025-07-02

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23732 CRL.P No. 8504 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8504 OF 2025 BETWEEN: 1. SRI. ARAVIND RAJANNA S/O RAJANNA, AGED ABOUT 36 YEARS, R/AT NO.287, FLAT NO.106, 1ST FLOOR, SAIRAM MEADOWS APARTMENT, 1ST MAIN ROAD, 13TH CROSS, PRAKRUTHINAGARA, B.E.L. LAYOUT, BENGALURU-560 064 2. SMT. NAGARATHNAMMA, W/O. RAJANNA, AGED ABOUT 55 YEARS, R/AT NO.287, FLAT NO.106, 1ST FLOOR, SAIRAM MEADOWS APARTMENT, 1ST MAIN ROAD, 13TH CROSS, PRAKRUTHINAGARA, B.E.L. LAYOUT, BENGALURU-560 064 …PETITIONERS (BY SRI. R.D.PANCHAM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, VIJAYANAGARA SUB-DIVISION, BENGALURU-560074 REP BY S.P.P. HIGH COURT OF KARNATAKA, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23732 CRL.P No. 8504 of 2025 AMBEDKAR VEEDHI, BENGALURU-560001. 2. SMT. RAMYASHREE, D/O. RAMACHANDRA, AGED ABOUT 26 YEARS, R/AT NO.28, 1ST MAIN, 5TH CROSS, VINAYAKANAGARA, WILSONGARDEN, BANGALORE-560030. …RESPONDENTS (BY SRI. B.N.JAGDEESHA, ADDL. SPP FOR RESPONDENT NO.1; SRI. DILIP KUMAR I.S., ADVOCATE FOR SPA HOLDER FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.5540/2023, PENDING ON THE FILE OF COURT OF CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU, FILED BY THE BYADARAHALLI POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 498-A READ WITH 34 OF I.P.C., AND SECTION 3 AND 4 OF D.P ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:23732 CRL.P No. 8504 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following relief: “WHEREFORE, the petitioner prays that this Hon’ble Court be pleased to quash the Charge sheet in C.C.No.5540/2023, pending on the file of Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, filed by the Byadarahalli Police Station, for the offences punishable under section 498-A, r/w section 34 of I.P.C., and section 3 and 4 of D.P. Act, in the interest of justice and equity.” 2. Learned counsel for petitioner No.2/petitioners and learned counsel for the Special Power of Attorney holder of respondent No.2 have filed an Application - I.A. No.1/2025 dated 02.07.2025 under Section 320 read with Section 482 of the Code of Criminal Procedure, 1973 along with an Affidavit dated 02.07.2025 duly signed by Smt. Vasantha, the Special Power of Attorney holder of the respondent No.2 and the same are taken on record. 3. Petitioners and the Special Power of Attorney holder of respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the - 4 - HC-KAR NC: 2025:KHC:23732 CRL.P No. 8504 of 2025 Application under Section 320 read with Section 482 of Cr.P.C and the Affidavit, which read as under:- “APPLICATION FILED UNDER SECTION 320, R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE That for the reasons sworn to in the accompanying affidavits of the petitioners and the respondent no.2, pray that this Hon'ble Court be pleased to permit them to compound the offences punishable under section 498-A, r/w section 34 of I.P.C., and section 3 and 4 of D.P. Act, in C.C.No.5540/2023, pending on the file of Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, filed by the Byadarahalli Police Station, in the interest of justice and equity." AFFIDAVIT "I, Smt. Vasantha, W/o Ramachandra, Aged about 44 years, R/at No.28, 1st Main, 5th Cross, Vinayakanagara, Bangalore-560030, do hereby solemnly affirm and state on oath as follows: 1. I state that I am the S.P.A. Holder of respondent no.2 in the above case, as such I know the facts of the case. Hence I am swearing to this affidavit. 2. I state that the petitioners have filed the above Criminal Petition to quash the Charge sheet in C.C.No.5540/2023, pending on the file of Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, - 5 - HC-KAR NC: 2025:KHC:23732 CRL.P No. 8504 of 2025 filed by the Byadarahalli Police Station, for the offences punishable under Section 498-A, r/w section 34 of I.P.C., and section 3 and 4 of D.P. Act. 4. I state that petitioners and respondent no.2, represented by me, as her S.P.A. Holder, have entered into mediation agreement dated 24.02.2025 in M.C.No.4892/2024, and settled all our disputes and the Hon'ble VI Addl. Family Court, Bengaluru was pleased to decree M.C.No.4892/2024, in terms of the mediation agreement. It was agreed that a sum of Rs.5,00,000/- was to be paid to the respondent no.2 towards the permanent alimony, out of which a sum of Rs.3,00,000/- was already paid by the petitioner no.1 to me on behalf of the respondent no.2. on 24.02.2025, by way of Banker's Cheque bearing No.218038, dated 24.02.2025, drawn on State Bank of India, Nagadevanahalli Branch, Bengaluru. Today I am receiving a sum of Rs.2,00,000/- from petitioner no.1, on behalf of respondent no.2 in terms of the mediation agreement dated 24.02.2025, by way of Bankers Cheque bearing No.218132, dated 22.05.2025, drawn on State Bank of India, Nagadevanahalli Branch, Bengaluru. Hence this application. WHEREFORE, I pray that this Hon'ble Court be pleased to allow the annexed application, as prayed for, in the interest of justice and equity. I, the deponent above named, do hereby state that this is my name and signature and the contents of this affidavit are - 6 - HC-KAR NC: 2025:KHC:23732 CRL.P No. 8504 of 2025 true and correct to the best of my knowledge, belief and information." 4. In view of the aforesaid settlement entered into between the petitioner No.2/petitioners and the Special Power of Attorney holder of respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of the Joint Application filed under Section 320 read with Section 482 of the Code of Criminal Procedure, 1973 and Affidavit, both dated 02.07.2025. (ii) The proceedings in C.C No.5540/2023 (arising out of Crime No.393/2021 of respondent No.1 – Police) registered for the offences punishable under Section 498A read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of the Chief Judicial Magistrate, Bengaluru Rural - 7 - HC-KAR NC: 2025:KHC:23732 CRL.P No. 8504 of 2025 District, Bengaluru insofar as the petitioners / accused Nos.1 and 2 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 3 Sl No.: 10