- 1 - NC: 2025:KHC:17375 CRL.P No. 9923 of 2024 C/W CRL.P No. 9909 of 2024 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. 9923 OF 2024 C/W CRIMINAL PETITION NO. 9909 OF 2024 IN CRL.P No. 9923/2024 BETWEEN: 1. SACHIN BHARADWAJ @ SACHIN S/O KRISHNAMURTHY R, AGED ABOUT 33 YEARS, R/O NO.69, MADHWA RESIDENCY, 2ND MAIN ROAD, RHCS LAYOUT, ANNAPOORNESHWARI NAGAR, NAGARABHAVI 2ND STAGE, VISWANEEDAM, BENGALURU-01 …PETITIONER (BY SMT. SUMANGALA SIMIMATH, ADVOCATE FOR SRI. GURUDEV I GACHCHINAMATH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DAVANAGERE WOMAN POLICE STATION, DAVANGERE CITY SUB-DIVISION, REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU-01. 2. SMT. AMULYA A W/O SACHIN BHARADWAJ, AGED ABOUT 28 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17375 CRL.P No. 9923 of 2024 C/W CRL.P No. 9909 of 2024 NO.1970/36, 2ND MAIN, SS LAYOUT, DAVANAGERE-57700 KARNATAKA NOW R/OF D/O SRI NAGARAJ AWADANI, R/O ANANYA, NO.750, E BLOCK, 4TH MAIN, IST CROSS, J H PATEL BADAVANE, SHAMANUR DAVANAGERE DISTRICT-57700. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. VENKATESH S, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.1579/2024 ON THE FILE OF THE II ADD. SENIOR CIVIL JUDGE AND JMFC, DAVANGERE FOR THE ALLEGED OFFENCES P/U/S 504, 506, 323, 498A, 34, 114 OF THE IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT ARISING OUT OF CR.NO.53/2024 IN CC. NO.1579/2024 OF DAVANGERE WOMEN POLICE STATION. IN CRL.P NO. 9909/2024 BETWEEN: 1. SMT SOWMYA K AGED ABOUT 37 YEARS W/O RAMAKRISHNA RAO R/O ONKARA MATHA NEAR HARIHARESHWARA TEMPLE, HARIHAR DAVANGERE, KARANATAKA 57700. 2. SMT SOWJANYA @ SOUJANYA W/O NARASIMHA KULKARNI R/O DOOR NO 151 NEAR SHARADA TUTORIALS CHIKPET, CHITRADURGA 57756 KARNATKA (AS PER CHARGE SHEET) ACTUAL RESIDENCE FLAT NO 401, SRI TEMPLE GREENS APARTMENTS, 2ND STAGE, JAYANAGAR - 3 - NC: 2025:KHC:17375 CRL.P No. 9923 of 2024 C/W CRL.P No. 9909 of 2024 HOUSING CO OPERAITVE SOCIETY LAYOUT VTC, GUBBALA POST SUBRAMNAYAPURA DIST BENGLAURU. 3. SMT MANJULA S R D/O S N RAMACHNARA RAO NRUSHIMA NILAYA PK RAO STREET, CHIKKAPTERE 2ND CROSS NEAR SHARADA TUTORIAL CHITRADURGA DIST CHITRADURGA 57750 ...PETITIONERS (BY SMT. SUMANGALA SIMIMATH, ADVOCATE FOR SRI. GURUDEV I GACHCHINAMATH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DAVANAGERE WOMEN POLICE STATION CITY SUB DIVISION REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU 01. 2. SMT AMULYA A W/O SACHIN BHARDWAJ NO 1970/36, 2ND MAIN SS LAYOUT, DAVANGERE 57700 KARNATAKA NOW R/OF D/O SRI NAGARAJ AWADANI, R/O ANANYA NO 750, E BLOCK 4TH MAIN 1ST CROSS JH PATEL BADAVANE SHAMNUR, DAVANAGERE 57700 DIST DAVANAGERE. ...RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; - 4 - NC: 2025:KHC:17375 CRL.P No. 9923 of 2024 C/W CRL.P No. 9909 of 2024 SRI. VENKATESH S, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.1579/2024 ON THE FILE OF THE II ADD. SENIOR CIVIL JUDGE AND JMFC, DAVANGERE FOR THE ALLEGED OFFENCES P/U/S 504, 506, 323, 498A, 34, 114 OF THE IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT ARISING OUT OF CR.NO.53/2024 OF DAVANGERE WOMEN POLICE STATION. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners in these petitions, who are being prosecuted for the offences punishable under Sections 506, 504, 323, 498A, and 114 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”), and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, have approached this Court seeking appropriate relief. 2. The prosecution alleges that Accused No.1 (husband) and other accused, who are his relatives, subjected the de facto complainant to mental and physical cruelty, threatened her with dire consequences, and made unlawful demands for money from her parental home. 3. The petitioners have placed on record a copy of the memorandum of settlement filed under Section 89 of the - 5 - NC: 2025:KHC:17375 CRL.P No. 9923 of 2024 C/W CRL.P No. 9909 of 2024 Code of Civil Procedure, 1908 (for short, “CPC”), read with Rule 24 of the Mediation Rules in M.C. No.383/2024. Upon perusal, it is evident that the marriage between petitioner–Accused No.1 and the de facto complainant has been dissolved by mutual consent. As per the terms of settlement, the de facto complainant has agreed to withdraw all allegations and has expressed no objection to the quashing of the impugned criminal proceedings. The said compromise petition and memorandum of agreement are duly placed on record. 4. Though the offences alleged are cognizable and non- compoundable in nature, considering the fact that the parties have amicably resolved their matrimonial dispute, continuation of the criminal proceedings would serve no fruitful purpose. In view of the settlement, the possibility of conviction is remote and improbable. As such, allowing the proceedings to continue would amount to an abuse of the process of law. 5. In light of the above, continuation of the criminal proceedings against the petitioners is not warranted and would result in miscarriage of justice. 6. Accordingly, the petitions are allowed. The impugned proceedings in C.C. No.1579/2024 pending before the - 6 - NC: 2025:KHC:17375 CRL.P No. 9923 of 2024 C/W CRL.P No. 9909 of 2024 Court of the learned II Additional Senior Civil Judge and JMFC, Davanagere, stand quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 123