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2025 DAILYLAW 31776 (KAR)

MR M S RAKSHITH v. STATE OF KARNATAKA

CRL.P/9463/2024 · 2025-02-27

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8892 CRL.P No. 9463 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9463 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: MR M S RAKSHITH S/O LATE M J NARAYANASWAMY, AGED ABOUT 34 YEARS, R/AT NO. 911, SHIVAKRUPA NILAYA, 23RD CROSS, V V NAGAR KALLAHALLI, MANDYA-571 401. …PETITIONER (BY SMT.MRS BHUSHANI KUMAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY WHITEFIELD P.S. REP BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 009. 2. SMT NAKSHITHA SHIVAKUMAR D/O M R SHIVAKUMAR, AGED ABOUT 35 YEARS, R/AT NO. 18, A.S.K LATE GARDEN, KEMAPPURA MAIN ROAD, YEMLUR, VARTHUR HOBLI AND POST, BANGALORE-560 037. …RESPONDENTS (BY SRI.TEJESH HCGP FOR R-1, SRI. ANUPAM AGARWAL,ADVOCATE FOR R-2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS PRAYING TO QUASH THE CRIMINAL CASE NO.20529/2021 REGISTERED BY WHITEFIELD POLICE, FOR THE OFFENCES P/U/S Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8892 CRL.P No. 9463 of 2024 498A, 34 OF IPC AND SECTION 3, 4 OF DOWRY PROHIBITION ACT REGISTERED AGAINST THE PETITIONER PENDING ON THE FILE OF HONBLE I ADDL. CHIEF METROPOLITAN MAGISTRATE RURAL COURT, AT BANGALORE, WHICH IS PRODUCED HEREWITH AS ANNEXURE-A. 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:- “1. Quash the entire proceedings the criminal case no.20529/2021 registered by Whitefield Police, for the offences p/u/s 498a, 34 of IPC and Section 3, 4 of Dowry Prohibition Act registered against the petitioner pending on the file of Honble I Addl. Chief Metropolitan Magistrate Rural Court, at Bangalore, which is produced herewith as Annexure-A. 2. pass such other orders and reliefs as this Hon’ble court may deems fit and proper under the circumstances of the above case, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.1 has filed an Affidavit duly signed by the petitioner and his counsel and the same is taken on record. - 3 - NC: 2025:KHC:8892 CRL.P No. 9463 of 2024 3. Petitioner – accused No.1, and learned counsel for petitioner and respondent No.2 are physically present before the Court and respondent No.2 is present through video conference and they admit the contents of the Affidavit, which reads as under:- “Affidavit “I, Mr. RAKSHITH. M.N, S/o. Narayanaswamy M.J, Aged about 35 years, R/at. KL911 Shiva Krupa Nilaya 23rd Cross, V.V Nagar Kallahalli, Mandya-571401, Now at Bangalore, do hereby Solemnly affirm and state on oath as follows: 1. I submit that I am the Petitioner in the above matter, and I am fully acquainted with the facts of the case, hence I am swearing to this affidavit. 2. I submit that the I am innocent of all the offenses as alleged by the 2nd Respondent. 3. I submit that the 2nd Respondent had filed M.C.No. 7/2022 on the file of the Hon'ble Principle Senior Civil Judge Bangaluru Rural at Bangalore seeking dissolution of the marriage dated 26.02.2020 at Thirumalagiri Lakshmi Venkateshwara Temple, J.P. Nagar, Bangalore-560078. It is submitted that myself and the 2nd Respondent being educated persons have sorted out our differences between us and have arrived at an amicable settlement. 4. I submit that as per the agreement the Hon'ble Principle Senior Civil Judge allowed the Petition in M.C.No. - 4 - NC: 2025:KHC:8892 CRL.P No. 9463 of 2024 7/2022 in terms of the Mediation report and dissolved the marriage between me and the 2nd Respondent. 5. I submit that the 2nd Respondent herein assured me before the Hon'ble Court in M.C.No. 7/2022 that respondent shall co-operate in quashing/closure of Criminal case No. 20529/2021 before the 1st Addl Chief Judicial Magistrate Rural Court Bangalore before the Hon'ble High Court of Karnataka, which was lodged by respondent against me. The 2nd Respondent has agreed to withdraw the report/complaint. If the Proceedings continue against me in Criminal Case No.20529/2021 it will result in the abuse of the process of law. 6. I submit that all the disputes and differences between me and the 2nd respondent have been settled and their will be no claim or demand in future of any nature whatsoever against each other. 7. I submit that as it is settled amicably between myself and 2nd respondent I pray that this Hon'ble court be pleased to allow this criminal petition as prayed for, by me in the interest of justice. Whatever is stated above is true and correct to the best of my knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 5 - NC: 2025:KHC:8892 CRL.P No. 9463 of 2024 ORDER (i) The petition is disposed of in terms of Affidavit dated 27.02.2025. (ii) The proceedings in C.C.No.20529/2021 (arising out of Crime No.61/2021 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 34 of IPC and Sections 3, 4 of Dowry Prohibition Act, pending on the file of I Addl. Chief Metropolitan Magistrate Rural Court, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 64