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High Court of Karnataka · body

2025 DAILYLAW 30945 (KAR)

SMT VEENA H N v. STATE OF KARNATAKA

CRL.P/9782/2022 · 2025-03-07

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:10082 CRL.P No. 9782 of 2022 C/W CRL.P No. 12565 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9782 OF 2022 C/W CRIMINAL PETITION NO. 12565 OF 2024 IN CRL.P No. 9782/2022: BETWEEN: 1. SMT. VEENA H.N., W/O. RAJENDRAPRASAD T.C., AGED ABOUT 49 YEARS. 2. RAJENDRAPRASAD T.C., S/O T. CHIKKAIAH, AGED ABOUT 45 YEARS. BOTH ARE R/AT NO.139, SRI. RAGHAVENDRA KRUPA, 3RD 'A' CROSS, NEAR SOUNDARYA SCHOOL, HAVANOOR EXTENSION, BENGALURU-560 073. …PETITIONERS (BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ANNAPOORNESHWARINAGARA Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10082 CRL.P No. 9782 of 2022 C/W CRL.P No. 12565 of 2024 POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. RAMYA H.D., W/O. SHASHIDHAR, AGED ABOUT 33 YEARS, R/AT NO.965, CHOWDESHWARI NILAYA, MALAI MAHADESHWARA LAYOUT, NAGARABHAVI 2ND STAGE, BENGALURU-560 072. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W SMT. K.P. YASHODHA, HCGP FOR R1; SRI. PRAKASH B.S., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.27776/2022 PENDING ON THE FILE OF V A.C.M.M. AT BENGALURU ARISING OUT OF CR.NO.154/2022 OF ANNAPOORNESHWARI NAGAR P.S., BENGALURU REGISTERED FOR AN OFENCE P/U/S 498A, 504 R/W 34 OF IPC SO FAR AS PETITIONERS ARE CONCERNED. IN CRL.P NO. 12565/2024: BETWEEN: 1. SRI. SHASHIDHAR H.N., SON OF NARAYANASWAMY, AGED ABOUT 48 YEARS. 2. SMT. PADMA @ PADMAMMA, WIFE OF NARAYANASWAMY, AGED ABOUT 74 YEARS. - 3 - NC: 2025:KHC:10082 CRL.P No. 9782 of 2022 C/W CRL.P No. 12565 of 2024 PETITIONERS NO.1 TO 2 ARE RESIDING AT NO. 965, SRI. CHOWDESWARINILAYA, MALLIMAHADESWRA BADAVANE, NARAGABAVI 2ND STAGE, BANGALORE 560 072 ...PETITIONERS (BY SRI. VIJAYAKUMAR PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA ANNAPOORNESHWARINAGAR, POLICE STATION, NOW REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001. 2. RAMYA H.D., W/O. SHASHIDHAR, AGED ABOUT 35 YEARS, RESIDING AT NO. 965, CHOWDESHWARI NILAYA, MALAI MAHADESHWARA LAYOUT, NAGARABHAVI 2ND STAGE, BANGALORE 560 072 ...RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W SMT. K.P. YASHODHA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASHING OF THE CHARGE SHEET AND PROCEEDINGS FILED BY THE FIRST RESPONDENT ANNAPOORNESHWARINAGAR POLICE IN - 4 - NC: 2025:KHC:10082 CRL.P No. 9782 of 2022 C/W CRL.P No. 12565 of 2024 C.C.NO.27776/2022 (CRIME NO.154/2022) PENDING ON THE FILE OF THE VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU FOR OFFENCE P/US/ 498-A, 504 R/W SEC.34 OF IPC AT ANNEXURE A. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Vijaykumar Prakash, learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl.SPP along with Smt. K.P. Yashodha, learned HCGP appearing for respondent No.1, Sri. B.S. Prakash, learned counsel appearing for respondent No.2 and have perused the material on record. 2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint memo along with an affidavit. The joint memo reads as follows: - 5 - NC: 2025:KHC:10082 CRL.P No. 9782 of 2022 C/W CRL.P No. 12565 of 2024 "JOINT MEMO OF THE PETITIONERS AND SECOND RESPONDENT 1. The petitioners herein are arraigned as accused in C. C. No. 27776/2022, pending on the file of the VI Additional Chief Metropolitan Magistrate Bangalore City, for offences punishable under sections 498 (A), 504 read with 34 of IPC. 2. It is submitted that during the pendency of the proceedings before the trial court, parties herein have settled the matter between themselves and in view of the same, continuation of criminal proceedings would amount to abuse of process. 3. It is submitted that the offences are not heinous in nature and do not have a serious impact on the society. 4. It is submitted that the offences are private in nature, arising out of matrimonial relationship. 5. It is submitted that in view of the settlement no purpose is served by continuing the criminal proceedings. 6. The proceeding before the Hon'ble trial Court is at the nascent stage. 7. The first petitioner herein and the second respondent have settled their dispute amicably in mediation and the case pending before the Principal Judge Family Court at Bangalore in M.C. No. 4879/2024 came to be decreed as per terms of compromise, by order dated 18-10-2024. 8. It is submitted that under the terms of the said compromise, first petitioner has undertaken to pay a sum of Rs.12, 25, 000/- to the second respondent as full and final settlement of all claims. The first petitioner has paid a sum of Rs.7, 00, 000/- by way of demand draft on 18- 10-2024, before the Principal Family Court at Bangalore and the second respondent has acknowledged receipt of the same. The final installment of Rs.5, 25, 000/- is due to be paid before this Hon'ble High Court at the time of - 6 - NC: 2025:KHC:10082 CRL.P No. 9782 of 2022 C/W CRL.P No. 12565 of 2024 quashing, the proceeding pending before the Hon'ble Trial Court. Wherefore, it is prayed that this Hon'ble Court be pleased to quash the charge sheet/proceedings filed by the first respondent Police, in C. C. No. 27776/2022, (Crime no. 154/2022) pending on the file of the VI Additional Chief Metropolitan Magistrate Bangalore City, for offences punishable under sections 498 (A), 504 read with 34 of IPC at ANNEXURE-A, in the interest of justice." 3. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the joint memo and close the proceedings against these petitioners in these petitions. 4. For the aforesaid reasons, the following: ORDER i. Criminal Petitions are disposed. ii. Proceedings in C.C.No.27776/2022 pending before the V Additional C.M.M., Bengaluru, stands quashed qua the petitioners. Sd/- ______________________ JUSTICE M.NAGAPRASANNA SJK List No.: 2 Sl No.: 1/CT:SNN