- 1 - HC-KAR NC: 2025:KHC:23522 CRL.P No. 9037 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9037 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI.MANI, S/O LATE MURUGESH, AGED ABOUT 47 YEARS, RESIDING AT NO. NO.14, 7TH CROSS, CHOLURAPALYA, MAGADI ROAD, BANGALORE 560 023. 2. SMT. NIRMALA, W/O LATE SUBRAMANI, AGED ABOUT 49 YEARS, RESIDING AT NO.76, 1ST ‘A’ CROSS, K.B.TEMPLE ROAD, RAJAJINAGAR, 6TH BLOCK, BENGALURU - 560 010. …PETITIONERS (BY SMT. SUMATHI S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SPP, STATE BY K.P.AGRAHARA POLICE STATION, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SMT. LAKSHMI W/O MANI, AGED ABOUT 37 YEARS, RESIDING AT NO.14, 7TH CROSS, CHOLURAPALYA, MAGADI ROAD, BANGALORE 560 023. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. V.M. SADAKRISHNA, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23522 CRL.P No. 9037 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN CC NO.2222/2018 PENDING ON THE FILE OF XXVI ADDL.CJM AT BENGALURU FOR OFFENCES P/U/S 498A, 504, 506 AND 34 OF IPC VIDE ANNEXURE-D BY ALLOWING THIS PETITION OR IN THE ALTERNATIVE. 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 seek for the following reliefs:- “ WHEREFORE, Petitioners respectfully prays that this Hon’ble Court be pleased to quash the proceedings against the petitioners in CC No. 2222/2018 pending on the file of XXVI Addl. Chief Judicial Magistrate at Bengaluru for offences punishable under Section 498A, 504, 506 and 34 of IPC 34 of I.P.C. vide Annexure-D by allowing this petition or in the alternative pass such other order/s as this Hon’ble Court deem fit to pass on the facts and in the circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 and learned counsel for 2nd respondent – complainant have filed an application I.A.No.3/2025 under Section 320(6) of Cr.P.C. accompanied by Affidavits of both the parties all dated 01.07.2025, duly signed by the petitioners, 2nd respondent and their respective counsel and the same are taken on record. - 3 - HC-KAR NC: 2025:KHC:23522 CRL.P No. 9037 of 2025 3. Petitioners – accused Nos.1 and 2 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application I.A.No.3/2025 accompanied by respective Affidavits, which reads as under:- APPLICATION UNDER SECTION 320(6) OF CODE OF THE CRIMINAL PROCEDURE The petitioners above named states as follows: 1. The petitioners have preferred the above petition being aggrieved by registration Complaint & FIR in CC no.2222/2018 for offences punishable under Section 498A, 504, 506 and 34 of IPC in PCR no. 12172/2017 pending before the XXIV Additional Chief Judicial Magistrate, Bangalore, therefore prays indulgence of this Hon'ble court that the averment made in the accompanying petition may kindly be read as part and parcel herein to avoid repetition of facts of the case. 2. The 1st petitioner herein and 2nd respondent herein are the husband and wife, the 2nd petitioner is the sister of 1st petitioner herein. The 2nd respondent herein filed a PCR no. 12172/2017 complaint against the petitioners which came to be referred to the 1st respondent Police for investigation and Crime no. 192/2017 came to registered against the petitioner for the offences punishable under Section 498A, 504, 506 and 34 of IPC which is pending before the XXIV Additional Chief - 4 - HC-KAR NC: 2025:KHC:23522 CRL.P No. 9037 of 2025 Judicial Magistrate, Bangalore. The above said offences are non-compoundable in nature. 3. It is submitted that by the intervention of friends and family members, the petitioners and the 2nd respondent herein have resolved the dispute between them. The 1st petitioner and the 2nd respondent for the welfare of their children have reunited and are living together for past 1 year. Therefore, the 2nd respondent do not wish to continue the criminal case against the petitioners. Further it is the 2nd respondent has withdraw all the allegations made against petitioners herein. WHEREFORE, the petitioners and 2nd respondent herein prays that this Hon'ble court be pleased to quash the entire proceedings in CC No. 2222/2018 pending on the file of XXVI Addl, Chief Judicial Magistrate at Bengaluru for offences punishable under Section 498A, 504, 506 and 34 of IPC 34, to meet the ends of justice. AFFIDAVIT “I, Smt. Lakhsmi.S W/o M.Mani, aged about 33 years, residing at NO.34, 2nd Cross, Cholurapalya, Magadi Road, Bangalore, 560023, do hereby state on oath and solemnly affirm as under: 1. I state that I am the respondent no.2 in the above case. I know the facts of the case. Hence I am swearing to the contents of this affidavit. 2. I state that my marriage was arranged by the elders of our family and performed on 28.06.2007 at Sri Angala Paramaeshwari Temple, Magadi Road, 1st Cross, - 5 - HC-KAR NC: 2025:KHC:23522 CRL.P No. 9037 of 2025 Bengaluru – 560 023 as per the Hindu customs and rituals with the 1st petitioner. I submit that the 1st Petitioner is my husband and the 2nd petitioner is my sister-in-law. I state that due to marital discord, I had lodged a criminal case against the petitioners herein in PCR No.12172/2017 for offences punishable under Section 498A, 504, 506 and 34 of IPC, which came to be registered as CC No.2222/2018 on the file of XXIV Addl. Chief Judicial Magistrate at Bengaluru. 3. I state that due to advice of family members and friends, myself and the 1st petitioner are living together as husband and wife. I state that my decision to resume co- habitation with 1st petitioner was solely for the welfare of my children Nethravathi aged about 16 years and Kirankumar aged 15 years. 4. I state that in view of the reunion, I do not wish to pursue the criminal case and I hereby unconditionally withdraw all the allegation made my and 1st petitioner against each other, I do not want to pursue any case against the petitioners herein. I, Smt. Lakhsmi do hereby state that what is stated above is true and correct to the best of our information and belief.” AFFIDAVIT “I, Mani, S/o Late Murugesh, aged about 47 years, residing at NO.34, 2nd Cross, Cholurapalya, Magadi Road, Bangalore, 560023, do hereby state on oath and solemnly affirm as under: - 6 - HC-KAR NC: 2025:KHC:23522 CRL.P No. 9037 of 2025 1. I am the petitioner no.1 in the above case. I know the facts of the case. Hence I am swearing to the contents of this affidavit. 2. I state that my marriage was arranged by the elders of our family and performed on 28.06.2007 at Sri Angala Paramaeshwari Temple, Magadi Road, 1st Cross, Bengaluru – 560 023 as per the Hindu customs and rituals with the 2nd respondent. I submit that the 2nd respondent my wife and the 2nd petitioner is my sister. I state that due to marital discord, my wife lodged a criminal case against the petitioners herein in PCR No.12172/2017 for offences punishable under Section 498A, 504, 506 and 34 of IPC, which came to be registered as CC No.2222/2018 on the file of XXIV Addl. Chief Judicial Magistrate at Bengaluru. 3. I state that due to advice of family members and friends, myself and the 2nd respondent are living together as husband and wife. I state that my decision to resume co- habitation with 2nd respondent was solely for the welfare of my children Nethravathi aged about 16 years and Kirankumar aged 15 years. 4. I state that in view of the reunion my wife came forward to withdraw the allegation made against me and she does not wish to pursue the criminal case. Therefore, myself and my sister have filed the above case for quashing of the criminal proceedings against us. I, Manu, do hereby state that what is stated above is true and correct to the best of our information and belief.” - 7 - HC-KAR NC: 2025:KHC:23522 CRL.P No. 9037 of 2025 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 application I.A.3/2025 accompanied by the respective Affidavits all dated 01.07.2025. (ii) Further proceedings in C.C.No.2222/2018 arising out of FIR in Crime No.192/2017 registered by the 1st respondent – Police for offences punishable under Sections 498-A, 504, 506 and 34 IPC, pending on the file of XXVI Addl.CJM, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.