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2025 DAILYLAW 30579 (KAR)

MR. MOHAN KUMAR v. STATE OF KARNATAKA BY

CRL.P/9334/2025 · 2025-07-03

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23995 CRL.P No. 9334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9334 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR. MOHAN KUMAR S/O VASANTHKUMAR, AGED ABOUT 38 YEARS, R/O FLAT NO B4-901, L AND T SOUTH CITY APARTMENT, AREKERE MICO LAYOUT, JP NAGARA, 7TH STAGE, BANGALORE - 560 076 …PETITIONER (BY SRI. DORE RAJ B. H., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PUTTENAHALLI POLICE STATION REPRESENTED BY SP, HIGH COURT BUILDING BENGALURU – 560 001 2. MRS. AMRUTHA G, FLAT NO B4-901 L & T SOUTH CITY APARTMENT, ARAKERE, MICO LAYOUT, JP NAGAR 7TH PHASE, BENGALURU CITY, KARNATAKA – 560 076 …RESPONDENTS (BY SRI. B. N. JAGADEESH, ADDL. SPP FOR R1; SMT. DIVYA B. S., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE FIR IN CR.NO.0138/2025 PENDING BEFORE THE XXX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTION 85 OF THE BNS, 2023 R/W Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23995 CRL.P No. 9334 of 2025 SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 OF PUTTENAHALLI P.S. 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) Quash the entire FIR in Crime No.138/2025 pending before the XXX Additional Chief Judicial Magistrate, Bengaluru City for the offences punishable under Sections 85 of the Bharatiya Nyaya Sanhita, 2023 r/w Sections 3 and 4 of the Dowry Prohibition Act, 1961 of Puttenahalli Police Station. b) To grant such other relief/s deems fit to grant by this Hon’ble Court on the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Respondent No.2 – Smt. Amrutha G., is physically present along with her husband – petitioner and both of them have produced their identity cards along with the memo filed by learned - 3 - HC-KAR NC: 2025:KHC:23995 CRL.P No. 9334 of 2025 counsel for the petitioner. The same are taken on record. Petitioner and learned counsel for the petitioner are physically present before the Court. Petitioner identifies respondent No.2 as his wife and respondent in turn identifies the petitioner as her husband. Respondent No.2, who is physically present submits that she intends to withdraw all allegations against her husband, which is currently pending in FIR in Crime No.138/2025 and the impugned proceedings may be quashed. The aforesaid submission is placed on record. Petitioner and respondent No.2 admit the contents of the Joint Memo, which reads as under:- “JOINT MEMO The undersigned counsels appearing for petitioner and respondent jointly submit that the petitioner and respondent have settled their dispute out of Court and have reconciled their difference to live jointly together in the marriage, the complaint lodged by the respondent wants to withdraw and both pray for quashing of the FIR 138/2025 registered by Puttenahalli Police Station, the same may be quashed in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 4 - HC-KAR NC: 2025:KHC:23995 CRL.P No. 9334 of 2025 ORDER (i) The petition is disposed of in terms of Joint Memo dated 03.07.2025. (ii) The Complaint / FIR in Crime No.138/2025 dated 11.05.2025 of Puttenahalli Police Station registered for the offences punishable under Section 85 of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961 pending on the file of the XXX Additional Chief Judicial Magistrate, Bengaluru City, in relation to the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 11 Sl No.: 4