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2025 DAILYLAW 29726 (KAR)

SHIVAKUMAR D B v. STATE BY CHANDRALAYOUT POLICE

CRL.P/8844/2025 · 2025-06-30

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23247 CRL.P No. 8844 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.8844 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SHIVAKUMAR D.B., S/O LATE BORAIAH AGED ABOUT 37 YEARS, RESIDING AT NO.35/2, 13TH CROSS, 1ST MAIN, KALYANA NAGARA, MOODALAPALYA, NAGARABHAVI MAIN ROAD, BENGALURU – 560 072. ADDRESS MENTIONED IN THE CHARGE SHEET NO.32/34/1, 4TH CROSS, NEAR MATHA SCHOOL, KALYAN NAGARA, BENGALORE – 560 072. …PETITIONER (BY SRI. RAJU C.N., ADVOCATE) AND: 1. STATE BY CHANDRALAYOUT POLICE BANGALORE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE – 560 009. 2. GAYATHRI, W/O SHIVAKUMAR, AGED ABOUT 27 YEARS, RESIDING AT NO.32/34/1, 4TH CROSS, NEAR MATHA SCHOOL, KALYAN NAGAR, BENGALORE – 560 072. …RESPONDENTS (BY SRI. JAGADEESHA, ADDL.SPP FOR R-1; SRI. M.N. MADHUSUDHAN, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23247 CRL.P No. 8844 of 2025 THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONER IN S.C.NO.395/2025 ON THE FILE OF XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE ARISING OUT OF CRIME NO.245/2024 OF CHANDRA LAYOUT POLICE, BANGALORE, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 307, 498(A), 506 R/W 34 OF IPC, BY ALLOWING THIS PETITION. THIS PETITION, 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, petitioner seeks the following relief:- “To quash the charge sheet filed against the petitioner in S.C.No.395/2025 on the file of XLV Additional City Civil & Sessions Judge at Bangalore arising out of Crime No.245/2024 of Chandra Layout Police, Bangalore, for the offence punishable under Sections 307, 498(A), 506 r/w 34 of IPC by allowing this petition in the interest of justice.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed Application for Compromise duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1 and his counsel and 2nd respondent and her counsel are physically present before the Court - 3 - HC-KAR NC: 2025:KHC:23247 CRL.P No. 8844 of 2025 and they admit the contents of the Application for Compromise, which reads as under:- “THE APPLICATION FILED UNDER SECTION 482 r/w 320(2) OF CRIMINAL PROCEDURE: The petitioners and Respondent No.2 submit as follows:- 1. It is submitted that the petitioners shown as accused No.1 in the above said case. Respondent Chandra layout police have filed the Charge Sheet in Crime No.245/2024 for the offence punishable under Sections 307, 498(A), 506 r/w 34 of IPC. That the Respondent No.2 is the complainant before the trial court, petitioner is the husband of the respondent No.2. 2. It is submitted that the dispute settled between the parties in M.C.No.1405/2024 before the V Additional Principal Family Court at Bangalore. Both parties entered into compromise and settled the dispute on 21/02/2025. 3. It is submitted that both parties have settled the dispute, both the respondent No.2 & Petitioner are agreed to withdraw the cases pending against each other. Respondent No.2 agreed to withdraw the case filed against the petitioner in S.C.No.395/2025 on the file of XLV Additional City Civil & Sessions Judge at Bangalore arising out of Crime.No.245/2024 of Chandra Layout Police, Bangalore, for the offence punishable under Section 307, 498(A), 506 r/w 34 of IPC she is not interested in prosecute the case against the petitioner. 4. It is submitted that Respondent No.2 has no objection to allow the criminal Petition and to quash the above said - 4 - HC-KAR NC: 2025:KHC:23247 CRL.P No. 8844 of 2025 case against the petitioner. Respondent No.2 without any pressure, force, compulsion agreed for the compromise. Petitioner also agreed for the same. Hence Respondent No.2 & Petitioner have filed this application below this Hon'ble court. PRAYER Wherefore, the petitioner and respondent No.2 / complainant above named most humbly pray that this Hon'ble court may be pleased to permit the petitioner to compound the offence and quash the charge sheet filed against the petitioner in S.C.No.395/2025 on the file of XLV Additional City Civil & Sessions Judge at Bangalore arising out of Crime No.245/2024 of Chandra Layout Police, Bangalore, for the offence punishable under Sections 307, 498(A), 506 r/w 34 of IPC by allowing this application in the inertest 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 the Application for Compromise – I.A.1/2025 dated 30.06.2025. (ii) The proceedings in S.C.No.395/2025 arising out of Crime No.245/2024 pending on the file of XLV Addl. City Civil & Sessions Judge, Bengaluru, registered for the offences punishable - 5 - HC-KAR NC: 2025:KHC:23247 CRL.P No. 8844 of 2025 under Sections 307, 498(A), 506 r/w 34 of IPC, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 5 Sl No.: 12