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2025 DAILYLAW 32899 (KAR)

ANIL KUMAR. N v. STATE BY KAMAKSHIPALYA POLICE

CRL.P/10236/2024 · 2025-04-08

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:14995 CRL.P No. 10236 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.10236 OF 2024 BETWEEN: 1. ANIL KUMAR .N S/O LATE H. NARASIMHA MURTHY AGED 37 YEARS. 2. LATHA .G C/O ANIL KUMAR N AGED 38 YEARS. BOTH ARE R/AT NO.1386 3RD CROSS, 3RD B MAIN ROAD E BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU - 560010. …PETITIONERS (BY SRI. SATHEESH H.K. ADV.,) AND: 1. STATE BY KAMAKSHIPALYA POLICE REPRESENTED BY PUBLIC PROSECUTOR. 2. SMT. MANGALA .G W/O ANILKUMAR .N D/O GANGALINGAPPA AGED ABOUT 36 YEARS NO.1370, 1ST MAIN, 8TH CROSS SANNAKKI BAYALU VRUSHABHAVATHINAGARA KAMAKASHIPALYA BENGALURU - 560079 PRESENTLY R/AT NO.1386, 3RD CROSS 3RD B MAIN ROAD E BLOCK, 2ND STAGE RAJAJINAGAR, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14995 CRL.P No. 10236 of 2024 BENGALURU - 560010. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 SMT. SHYAMAL MAJUMDAR, ADV., FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDING IN C.C.NO.3209/2024 PENDING ON THE FILE OF THE XXIV ACMM (24TH ACMM) AT BENGALURU ARISING OUT OF CRIME NO.40/2023 OF KAMAKSHIPALYA POLICE STATION WHICH IS REGISTERED FOR THE OFFENCES P/U/S 498A, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS & ETC. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners — accused Nos.1 and 2, who are being prosecuted for the offences punishable under Sections 498A and 506 read with Section 34 of the Indian Penal Code — are before this Court seeking appropriate reliefs. 2. The prosecution alleges that accused No.1 (husband) and accused No.2 (sister-in-law) subjected the de facto complainant to mental and physical cruelty and also threatened her with dire consequences. 3. The parties are present before this Court and have filed affidavits stating that they have amicably resolved the dispute among themselves. As per the settlement, the de facto complainant has reunited with - 3 - NC: 2025:KHC:14995 CRL.P No. 10236 of 2024 accused No.1 and is presently leading a cordial marital life. The de facto complainant has also agreed to withdraw all allegations against the petitioners and has no objection to the quashing of the impugned proceedings. 4. The affidavits filed by the parties are placed on record. 5. Although the alleged offences are cognizable and non-compoundable in nature, considering the fact that the dispute is private in nature and the parties have amicably resolved the matter, it would be a futile exercise to subject the petitioners to trial. In light of the settlement and reconciliation, the likelihood of conviction is remote and bleak. Therefore, continuation of the criminal proceedings would only amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 3209/2024 on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR/List No.: 1 Sl No.: 184