Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11528 CRL.P No. 11662 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 11662 OF 2024 BETWEEN:
1.
SRI. MANU. D, S/O DEVARAJ, AGED ABOUT 34 YEARS, RESIDING AT NO. 5/1, 6TH CROSS, SHAMANNA LAYOUT, KANAKADASA LAYOUT, LINGARAJAPURA, BENGALURU - 560 084.
2.
SMT. SELVI W/O DEVARAJ, AGED ABOUT 53 YEARS, RESIDING AT NO. 5/1, 6TH CROSS, SHAMANNA LAYOUT, KANAKADASA LAYOUT, LINGARAJPURA, BENGALURU - 560 084.
3.
SMT. USHA D D/O C. DEVARAJU, AGED ABOUT 38 YEARS, RESIDING AT NO. 5/1, 6TH CROSS, SHAMANNA LAYOUT, KANAKADASA LAYOUT, LINGARAJPURA, BENGALURU - 560 084.
4.
MR. KARTHIGEYAN K, S/O K. KRISHNAMURTHY, AGED ABOUT 43 YEARS, RESIDING AT NO. 5/1, 6TH CROSS, SHAMANNA LAYOUT, KANAKADASA LAYOUT, LINGARAJAPURA, BENGALURU - 560 084. …PETITIONERS (BY SRI. NARAYANA SWAMY M, ADVOCATE)
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
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NC: 2025:KHC:11528 CRL.P No. 11662 of 2024
AND:
1.
THE STATE OF KARNATAKA BY EAST ZONE WOMEN P.S, BENGALURU.
REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
2.
SMT. SHOBANA R, W/O MANU D, AGED ABOUT 32 YEARS, NO.14-24TH B CROSS, MUNESHWARA LAYOUT, EIJIPURA, BENGALURU - 47. …RESPONDENTS (BY SRI. M.R. PATIL, HCG FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR FILED IN CRIME NO.95/2023 BY EAST ZONE WOMEN PS POLICE STATION, BENGALURU WITH REGARDING TO THE OFFENCE P/U/S 498A, 323, 504, 34 OF IPC AND UNDER SECTION 4 OF THE DOWRY PROHIBITION ACT, 1961 WHICH IS PENDING ON THE FILE OF THE VITH ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Learned HCGP accepts notice for the respondent - State.
2. The petitioners/accused, who have been charge- sheeted for offences punishable under Sections 498A, 323, and 504 read with Section 34 of the IPC and Section 4 of the Dowry Prohibition Act, are before this Court seeking relief.
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NC: 2025:KHC:11528 CRL.P No. 11662 of 2024
3. The prosecution alleges that petitioner/accused No.1 (husband), along with his parents-in-law and other relatives, subjected the complainant to both physical and mental cruelty and demanded that she bring money from her parental home.
4. The memorandum of settlement, executed under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure Mediation Rules, 2005, is annexed to the petition as Annexure C. Perusal of the memorandum of settlement indicated that the Petitioner/accused No.1 had filed M.C. No.716/2023 seeking the dissolution of marriage under Section 13(1)(1)(a) of the Hindu Marriage Act. In the said proceedings, the parties amicably resolved their dispute. As per the terms of the settlement, the complainant has reunited with her husband and continues to lead a cordial marital life. She has further agreed to withdraw all allegations against the petitioners and has no objection to quashing the impugned proceedings.
5. Although the alleged offences are cognizable and non- compoundable, given that the parties have amicably resolved their dispute and the complainant has reunited with her husband, subjecting the petitioners to trial would serve no meaningful purpose. The probability of their conviction is remote and bleak. In such circumstances, continuing criminal proceedings would amount to an abuse of the process of law, particularly since the likelihood of the police proceeding with the charge sheet is minimal in light of the settlement.
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NC: 2025:KHC:11528 CRL.P No. 11662 of 2024
ORDER
i. Accordingly, the petition is allowed. The impugned First Information Report in Crime No.95/2023 registered by the East Zone Women Police Station, Bangalore, is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
TIN List No.: 1 Sl No.: 8 CT: BHK