- 1 - NC: 2025:KHC:10512 CRL.P No. 11673 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 11673 OF 2024 BETWEEN: 1. SRI M ALLAUDDEEN S/O LATE MALIKA DEENNA AGED ABOUT 42 YEARS R/AT PLAT NO.68 JAYPEE GATEWAY ANTHIWADI HOSURU-635 109 TAMIL NADU STATE. 2. SMT. PYAREEJAN W/O LATE MALLIK JAN AGED ABOUT 70 YEARS R/AT PLAT NO.68 JAYPEE GATEWAY ANTHIWADI, HOSURU-635 109 TAMIL NADU STATE. 3. SMT. MUMTAJ W/O AMMERA AGED ABOUT 50 YEARS R/AT PLAT NO.68 JAYPEE GATEWAY ANTHIWADI HOSURU-635 109 TAMIL NADU STATE. …PETITIONERS (BY SRI. BASAVANNA M.D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS BASAVANAGUDI WOMEN POLICE STATION Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10512 CRL.P No. 11673 of 2024 BANGALORE REP. BY GOVERNMENT PLEADER HIGH COURT BUILDING COMPLEX BENGALURU-01. 2. SMT. RAKHEEBA TASEEN W/O M ALAUDDEEN D/O M BASHEER AHMED AGED ABOUT 36 YEARS R/AT NO.32, 9-C CROSS JNANAJYOTHI NAGARA-560 056 BENGALURU DISTRICT. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; SRI. SYED KALEEL PASHA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH PROCEEDINGS INITIATED BY THE COMPLAINANT IN CRIME NO.188/2021 FOR OFFENCE P/U/S 498-A OF IPC R/W SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AND CONSEQUENTLY, TO QUASH ENTIRE CHARGE SHEET FILED IN C.C.NO.14731/2022, ON THE FILE OF 37TH ACMM AT BANGALORE FOR OFFENCES P/U/S 498-A OF IPC R/W SECTION 3 AND 4 OF DOWRY PROHIBITION ACT PRODUCED UNDER ANNEXURE-A AND B AND ETC. 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 who are sought to be prosecuted for the offences punishable under Section 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act are before this Court seeking relief. - 3 - NC: 2025:KHC:10512 CRL.P No. 11673 of 2024 2. The prosecution alleges that, accused No.1 husband, accused Nos.2 is the mother-in-law and accused No.3, is the sister-in-law of the defacto complainant and they subjected the defacto-complainant to cruelty, both mentally and physically, and also a demand was made to bring money from her parental home. 3. Heard the learned counsel for the parties. 4. The Petitioners-accused No.1 and accused No.2 are present before this Court. The petitioner No.1 has annexed a copy of the joint memo filed by accused No.1 and the defacto-complainant in Crl.Misc.No.35/2020 filed under Section 12 of the Domestic Violence Act, 2005. In the said proceedings, the parties have amicably resolved the dispute, and in terms of the settlement, the marriage of accused No.1 with the defacto-complainant has been dissolved and the defacto complainant has agreed to withdraw all the allegations, and has no objection for quashing the impugned proceedings. The petitioner No.1 had complied the terms of the settlement arrived between the parties and under takes to pay a sum of Rs.5,000/- p.m., to the defacto-complainant. 5. Though the offences alleged against the petitioners-accused herein are cognizable and non- compoundable, however, having regard to the fact that - 4 - NC: 2025:KHC:10512 CRL.P No. 11673 of 2024 the parties have amicably settled the dispute among themselves, and the respondent No.2 having no objection for quashing the impugned proceedings, it would be a futile exercise, if the petitioners are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in C.C.No.14731/2022 pending on the file of the XXXVII Additional Chief Metropolitan Magistrate Court, Bengaluru, insofar it relates to the petitioners-accused Nos.1 to 3 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 118