- 1 - NC: 2025:KHC:15830 CRL.P No. 11390 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 11390 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. HARISH S. S/O SHASHIDHAR, AGED ABOUT 30 YEARS, PRIVATE EMPLOYEE, R/O NO.100, 2ND CROSS, WEAVERS COLONY, BG ROAD, BANGALORE-560 083 CURRENTLY RESIDING AT DUBAI (NAME AS PER AADHAAR). 2. SHASHIKALA W/O SHASHIDHAR, AGED ABOUT 51 YEARS, R/O NO.100, 2ND CROSS, WEAVERS COLONY, BG ROAD, BANGALORE-560 083 (NAME AS PER AADHAAR) 3. K SHASHIDHAR S/O N KRISHNAPPA, AGED ABOUT 57 YEARS, R/O NO.100, 2ND CROSS, WEAVERS COLONY, BG ROAD, BANGALORE-560 083. (NAME AS PER AADHAAR) …PETITIONERS (BY SRI. A. ASHOK KUMAR, ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15830 CRL.P No. 11390 of 2024 AND: 1. THE STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION, BANGALORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. LIYOMAL ASHOK W/O HARISH S. D/O ASHOK RAJA, AGED ABOUT 25 YEARS, R/O KANIVILAKAM, TATTEKAD P O, KOTHAMANGALAM, KEERAMPARA, ERNAKULAM, CHELAD JUNCTION, KERALA-686 681. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. A.C. BALARAJ, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS HEREIN IN C.C.NO.25960/2024 (CRIME NO.178/2024) REGISTERED BY RESPONDENT NO.1 KONANAKUNTE POLICE STATION, BANGALORE, PENDING ON THE FILE OF THE HON'BLE 30TH ADDL. CHIEF JUDICIAL MAGISTRATE BANGALORE FOR THE ALLEGED OFFENCE U/S 498A R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners - accused Nos.1 to 3, who are sought to be prosecuted for the offences punishable under Section 498A, r/w section 34 IPC are before this Court seeking relief. - 3 - NC: 2025:KHC:15830 CRL.P No. 11390 of 2024 2. The Prosecution alleges that the accused No.1 is the husband and other accused are parents-in-laws and they subjected the respondent No.2 to cruelty both mentally and Physically. 3. The petitioner-accused No.1 has filed a memo enclosing the copy of the memorandum of settlement under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 4. Perusal of the same indicated that the parties have amicably resolved the dispute among themselves and in terms of the settlement the marriage of accused No.1 with respondent No.2 has been dissolved mutually in M.C.No.773/2025 and in terms of the settlement the accused No.1 has agreed to pay a sum of Rs.13,00,000/- towards permanent alimony as full and final settlement and respondent No.2 has agreed to withdraw all the allegations and has no objections for quashing the impugned proceedings. 5. The memo is placed on record. 6. Though the offences are cognizable and non- compoundable, however, having regard to the fact that, the parties have amicably resolved the dispute among themselves, and the respondent No.2 having agreed to withdraw all the allegations made by her, it would be futile exercise if the petitioners -accused are subjected to trial, since the probability - 4 - NC: 2025:KHC:15830 CRL.P No. 11390 of 2024 of their conviction is remote and bleak in view of the settlement. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned proceeding in C.C.No.25960/2024 pending on the file of the 30th Additional Chief Metropolitan Magistrate Court, Bengaluru, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 5 Sl No.: 21