Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8907 CRL.P No. 12417 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12417 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SRI KUSHAL KUMAR N S/O V NAGARAJU AGED ABOUT 32 YEARS
2.
SRI NAGARAJU V S/O LATE VENKATASWAMAPPA AGED ABOUT 63 YEARS
PETITIONER NO. 1 AND 2 ARE
R/AT NO. 07 3RD CROSS
HANUMAPPA LAYOUT NEAR ROYAL ORCHID RESORT
ALLALASANDRA, YELAHANKA
BENGALURU – 560 065. …PETITIONERS (BY SRI. C R RAGHAVENDRA REDDY.,ADVOCATE) AND:
1.
STATE OF KARNATAKA BY KANAKAPURA TOWN POLICE REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
2.
SMT D P NAMRATHA W/O KUSHAL KUMAR AGED ABOUT 28 YEARS R/AT NO. 13 MIG-2, KHB COLONY KANAKAPURA TOWN - 562 117. …RESPONDENTS (BY SRI.THEJESH.P, HCGP FOR R-1 SRI. M.MOHAN KUMAR, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:8907 CRL.P No. 12417 of 2024
PETITIONER IN C.C.NO.876/2024 (CRIME NO.60/2024) OF RESPONDENT NO.1 KANAKAPURA TOWN POLICE STATION FOR OFFENCE P/US/498- A,448,323,354,504,506 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT 1961 PENDING ON THE FILE OF THE HONBLE III ADDL. CIVIL JUDGE AND JMFC KANAKAPURA RAMANAGARA.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following relief:-
“Wherefore, the Petitioners in the above matter most respectfully prays that this Hon’ble court may be pleased to quash the entire proceedings against the petitioners in CC No.876/2024 (Crime No. 60/2024) of Respondent No.1 Kanakapura Town Police Station, for offences Punishable under Sections 498(A), 448,323,354, 504, 506 R/W 34 IPC and section 3 and 4 of Dowry Prohibition Act-1961 Pending on the file of Hon’ble III Addl Civil Judge and JMFC, Kanakapura, Ramanagara, in the interest of justice.”
2. Learned counsel for the petitioners – accused Nos. 1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 27.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel. The same is taken on record. - 3 -
NC: 2025:KHC:8907 CRL.P No. 12417 of 2024
3. Petitioners – accused Nos. 1 and 2 and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:-
“JOINT AFFIDAVIT FILED BY THE PETITIONER NO.1/ACCUSED NO.1 SRI. KUSHAL KUMAR.N, PETITIONER No.2/ACCUSED No.2 SMT. NAGARAJU.V AND RESPONDENT N0.2/COMPLAINANT SMT. D.P.NAMRATHA
We, (1) Sri. Kushal Kumar.N S/o V. Nagaraju, Aged about 32 years (2). Sri. Nagaraju.V S/o late Venkataswamappa, Aged about 63 years, R/at No. 07, 3rd Cross, Hanumappa Layout, Near Royal Orchid Resort Allalasandra, Yelahanka, Bengaluru-560065 (3). Smt. D.P. Namratha W/o Kushal Kumar, Aged about 28 years, R/at No. 13, MIG-2, KHB Colony, Kanakapura Town 562117 today at Bengaluru do hereby solemnly affirm and state on oath as follows:-
1. We state that we are the petitioners and respondent No.2/complainant in the above case and we are well conversant with the facts and circumstances of the case. Hence we are swearing to this affidavit. 2.
I, the respondent No.2/complainant submits that I lodged a complaint against the petitioners and another before the respondent No.1 police station and same was registered in Crime No. 60/2024 for the offence punishable under sections 498(A), 504, 506, 448,354 R/W 34 IPC and section 3 and 4 of Dowry Prohibition Act-1961 against the
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NC: 2025:KHC:8907 CRL.P No. 12417 of 2024
petitioners and accused No.3 subsequently after investigation, the respondent No.1 police have submitted their charge sheet against the petitioners for the offence punishable under sections 498(A), 448, 323, 354, 504, 506 R/W 34 IPC and section 3 and 4 of Dowry Prohibition Act- 1961 in CC. No. 876/2024 Pending on the file of Hon'ble 3rd Addl Civil Judge and JMFC, Kanakapura and the respondent No.1 police dropped the accused No.3 in charge sheet
3. We the petitioners and respondent No.2/complainant submits that due to the advise of elders and well wishers of both the sides now We compromised the matter between us and we have decided to put an end to the litigation and we don't want to continue the said case. 4. I, the respondent No.2/ complainant further submits that I am not interested in prosecuting/proceeding the above case filed by me, leading the case further will not yield any result and it leads to wastage of valuable time of the Hon'ble court and accrues financial loss to the government exchequer. Hence, we most respectfully pray that this Hon'ble court may be pleased to pass necessary orders as this Hon'ble court deemed fit in the circumstance of the case, in the interest of Justice.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
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NC: 2025:KHC:8907 CRL.P No. 12417 of 2024
ORDER
(i) Petition is disposed of in terms of the Joint Affidavit dated 27.02.2025.
(ii) All further proceedings in C.C.No.876/2024 arising out of Crime No.60/2024 registered by the 1st respondent – Police for the offences punishable under Sections 498-A, 448, 323, 354, 504, 506 r/w 34 of IPC and Sections 3 and 4 of D.P.Act, pending on the file of III Addl.Civil Judge and JMFC, Kanakapura, Ramangara, insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl.