Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16879 CRL.P No. 8439 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8439 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
MR. RAVISH KAVUTHODIYIL AGED ABOUT 39 YEARS, S/O SUDHAKARAN K., R/AT FLAT NO.5607, 5TH BLOCK, 6TH FLOOR, TRENDZ APARTMENT, GADDIGE MAI ROAD, MYSORE-570 026. …PETITIONER (BY SRI. NARENDRA S., ADVOCATE) AND:
1.
STATE OF KARNATAKA MAHILA POLICE STATION, MYSORE.
REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-01.
2.
SMT. ASHLYE FLETCHER @ ASHA NAGARAJ AGED ABOUT 38 YEARS, W/O RAVISH KAVUTHODIYIL, C/O NALINI NAGARJU, R/AT NO.1990, 15TH MAIN, 2ND CROSS, 2ND STAGE, VIJAYANAGAR, MYSORE. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1;
SRI. R.D.PANCHAM, ADVOCATE FOR R2)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:16879 CRL.P No. 8439 of 2023
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.1010/0022 IN CRIME NO.49/2022 WOMEN POLICE STATION, MYSURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 342, 326, 506 OF IPC PENDING ON THE FILE OF THE VII ADDL. SENIOR CIVIL JUDGE AND J.M.F.C., MYSURU IN SO FAR AS PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This petition under Section 482 of Cr.P.C., is preferred by the petitioner praying to quash the charge sheet in C.C.No.1010/2022, pending before VII Additional Senior Civil Judge and JMFC, Mysuru registered for the offence punishable under Section 498A, 342, 326 and 506 of IPC. 2. The complaint is lodged by respondent No.2 herein against the petitioner, based on which, Crime No.49/2022 was registered at Mysuru City Women Police Station and on completion of investigation the charge sheet was filed. - 3 -
NC: 2025:KHC:16879 CRL.P No. 8439 of 2023
3. An Application under Section 320(1) r/w 482 of the code of Criminal Procedure is filed along with the joint affidavit of the parties seeking to permit them to compound the offence and to pass necessary orders for quashing the proceedings pending against the petitioner. 4. It is stated that the parties have resolved the disputes amicably and a joint memo dated 12.12.2024 was filed in M.C.No.966/2023 on the file of I Additional Family Court at Mysuru, consequent to which the said Court by judgment dated 08.01.2025 has dissolved the marriage solemnized between the petitioner and respondent. 5. Petitioner and respondent No.2 are present before the Court. They are identified by their respective counsel. Respondent No.2 submits that in view of the compromise, she is not interested in proceeding with the case any further and she has no objection for quashing the proceedings pending against the petitioner. - 4 -
NC: 2025:KHC:16879 CRL.P No. 8439 of 2023
6. The matter arise out of a matrimonial dispute and the parties have entered into a settlement, pursuant to which they filed a joint memo before the Family Court and their marriage has been dissolved. Respondent No.2/de-facto complainant has submitted that she has no objection for quashing the proceedings. 6. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure ends of justice; or (ii) to prevent abuse of the process of any Court. 7.
Considering that the matter arises out of a matrimonial dispute and the parties have settled the dispute, no purpose will be served in keeping the proceedings pending against the petitioner. Hence in the
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NC: 2025:KHC:16879 CRL.P No. 8439 of 2023
interest of justice, it is just and proper to allow the petition. Accordingly, the following:
ORDER Application is allowed. Consequently, petition is allowed and the entire proceedings pending in C.C.No.1010/2022 on the file of the Court of VII Additional Senior Civil Judge and JMFC, Mysuru, arising out of Crime No.49/2022 of Mysuru City Women Police Station, is quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 2 Sl No.: 1 CT:ar