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2025 DAILYLAW 32940 (KAR)

SRI SANTHOSH KUMAR v. STATE OF KARNATAKA BY

CRL.P/10653/2024 · 2025-01-29

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4192 CRL.P No. 10653 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10653 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI SANTHOSH KUMAR S/O SREENIVAS, AGED ABOUT 30 YEARS, NO.16, ROSE GARDEEN BABA, 2ND MAIN ROAD, NEAR BHARATHI PUBLIC SCHOOL, BABA NAGAR, DWARAKA NAGAR, BANGALORE NORTH, YELHANKA, BANGALORE – 560 064. …PETITIONER (BY SRI. SRINATHA.B.V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU – 560 001. 2. SMT.DEVIKA R W/O SANTHOSH KUMAR AGED ABOUT 23 YEARS, R/AT RAMA MANDIR ROAD, CHIKKATIGALAPETE, HOSAKOTE, BANGALORE RURAL – 562 114. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP. FOR R-1 R-2 IS H/S) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.1718/2022 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4192 CRL.P No. 10653 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioners has filed a memo indicating that Hand summons issued by this Court has been served upon the grand mother of 2nd respondent. Hence, notice to 2nd respondent is held sufficient 2. In this petition, petitioner has sought for the following reliefs:- “ i) Call for LCR in C.C.No. 11718/2022 on the file of the principal civil judge & JMFC, Devanahalli. ii) Quash the entire proceedings in CC No. 11718/2022 on the file of the Principal Civil Judge & JMFC, Devanahalli. iii) Pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice.” 3. A perusal of the material on record will indicate that the petitioner is the husband of 2nd respondent-complainant, who filed M.C.No.2417/2022 for dissolution of marriage. The parties have amicably settled all the disputes between them including agreeing to quash the instant proceedings as is clear from paragraph-6 of the Memorandum of Settlement entered into between the petitioner - 3 - NC: 2025:KHC:4192 CRL.P No. 10653 of 2024 and 2nd respondent, before the Family court, which reads as under:- “ In view of this settlement, the respondent has agreed to co-operate in closing/ quashing Crime No. 80/2022 filed against the petitioner herein for the offences punishable under Section 498-A r/w 34 of IPC and Sections 3 & 4 of D.P. Act, now pending on the file of Civil Judge and JMFC, Devanahalli, in accordance with law. In the event, the petitioner filed a criminal petition under Section 482 of Cr.P.C for quashing of the above criminal complaint before the Hon’ble High Court of Karnataka, the respondent undertakes to co-operate in closing/ quashing the said proceedings.” 4. The aforesaid memorandum of settlement clearly establishes that the 2nd respondent had unequivocally undertaken to co-operate with the petitioner for quashing the impugned proceedings in terms of the aforesaid memorandum of settlement, which is placed on record. 5. In view of the above, I pass the following:- ORDER (i) Petition is hereby allowed. - 4 - NC: 2025:KHC:4192 CRL.P No. 10653 of 2024 (ii) The impugned proceedings in C.C.No.11718/2022 arising out of Crime No.80/2022 registered by the 1st respondent – Police pending on the file of Prl.Civil Judge and JMFC, Devanahalli, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 2 Sl No.: 47