VINAY A.J. v. STATE OF KARNATAKA BY WOMEN POLICE STATION
CRL.P/9387/2023 · 2025-04-26
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30628 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30628 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17366 CRL.P No. 9387 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 9387 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
VINAY A.J.
AGED ABOUT 30 YEARS, S/O JANARDHANA .A.N.
VINAY ESTTE MUNNIKERE ROAD, JANNAPURA POST, MUIDIGERE TALUK - 577 132, CHIKKAMAGALURU. KARNATAKA.
PRESENTLY RESIDING AT, VINAY ALDUR JANARDHAN, 464, MACDOUGALL ST UNIT, 305, COLUMBIA SC 29201 - 6510 UNITED STATES OF AMERICA.
2.
JANARDHAN A.N.
AGED ABOUT 63 YEARS, S/O NARAYANA A.S VINAY ESTATE, MUNNIKERE ROAD, JANNAPURA POST, MUDIGERE TALUK - 577 132, CHIKKAMAGALUR, KARNATAKA. …PETITIONERS (BY SRI. P M SIDDAMALLAPPA., ADVOCATE)
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:17366 CRL.P No. 9387 of 2023
AND:
1.
STATE OF KARNATAKA BY WOMEN POLICE STATION MYSURU CITY, MYSURU - 570 001.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
2.
SMT. ROCHANA AGED ABOUT 26 YEARS, W/O VIJAY, NO. 2804, 7TH CROSS, NO. 2801, 6TH MAIN ROAD, V.V.MOHALLA, MYSURU CITY 570 002. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1;
SRI. SRIDHAR CHAKKE, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET FILED BY THE RESPONDENT NO.1 IN C.C.NO.134/2023 PENDING BEFORE THE 7th ADDITIONAL CIVIL JUDGE (Sr.Dn.) AND JMFC COURT, JLB ROAD, MYSURU CITY REGISTERED BY THE WOMEN POLICE, MYSURU CITY IN C.RNO.72/2022 P/U/S.498- A,504,506 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT
1961.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners, who are being prosecuted for the offences punishable under Sections 498A, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC), and Sections 3 and 4 of the Dowry Prohibition Act, 1961, have approached this Court seeking relief.
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NC: 2025:KHC:17366 CRL.P No. 9387 of 2023
2. The prosecution alleges that accused No.1 (husband) and accused No.2 (father-in-law) subjected the de facto complainant to mental and physical cruelty, threatened her with dire consequences, and demanded money from her parental home.
3. The petitioners have filed a memo producing a copy of the judgment and decree passed in M.C. No.805/2024, whereby the marriage between accused No.1 and the de facto complainant has been dissolved by mutual consent. As per the terms of the settlement, the de facto complainant has agreed to withdraw all allegations and has expressed no objection to the quashing of the impugned proceedings. The said memo is placed on record.
4. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering that the parties have amicably resolved their disputes, subjecting the petitioners to a trial would serve no useful purpose. In light of the settlement, the likelihood of conviction is remote. Therefore, continuing the criminal proceedings against the petitioners would amount to an abuse of the process of law.
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NC: 2025:KHC:17366 CRL.P No. 9387 of 2023
5. In view of the above, continuation of the criminal investigation against the petitioners would amount to an abuse of the judicial process.
6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.134/2023, pending on the file of the learned 7th Additional Civil Judge (Senior Division) and JMFC, JLB Road, Mysuru City, are hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM List No.: 1 Sl No.: 120