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2025 DAILYLAW 36005 (KAR)

SRI. VENKATAPPA C T v. THE STATE OF KARNATAKA

CRL.P/14028/2024 · 2025-06-26

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22700 CRL.P No. 14028 of 2024 C/W CRL.P No. 8378 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14028 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 8378 OF 2025 (482(Cr.PC) / 528(BNSS) IN CRL.P No. 14028/2024 BETWEEN: 1. SRI. VENKATAPPA C. T., SON OF THIMMEGOWDA, AGED ABOUT 67 YEARS, RESIDING AT NO 57, 5TH CROSS, 7TH MAIN ROAD, SRIRAMPURA, BENGALURU – 560 021 2. SMT. MEENAKSHI H. D. WIFE OF VENKATAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO 57, 5TH CROSS, 7TH MAIN ROAD, SRIRAMPURA, BENGALURU – 560 021 …PETITIONERS (BY SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU DISTRICT – 560 001 2. SMT. ASHITHA P., WIFE OF VINOD C. V., AGED ABOUT 40 YEARS, RESIDING AT NO 2352/3, JPM LAYOUT, PUTTE GOWDA BUILDING, HALAGURU POST, MALAVALLI TALUK, MANDY – 571 421 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; R2 SERVED BUT UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22700 CRL.P No. 14028 of 2024 C/W CRL.P No. 8378 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.10730/2022 ON THE FILE OF XXXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BANGALORE, AGAINST THE PETITIONERS, FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A) R/W 34 OF IPC, SEC.4 OF DOWRY PROHIBITION ACT, IN CR.NO.160/2021 BY THE BASAVANAGUDI WOMEN POLICE AS PER ANNEXURE-A BY ALLOWING THE ABOVE PETITION. IN CRL.P NO. 8378/2025 BETWEEN: SRI VINOD C., SON OF VENKATAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO. 57, 5TH CROSS, 7TH MAIN ROAD, SRIRAMPURA, BENGALURU – 560 021. ...PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU DISTRICT - 560 001. 2. SMT. ASSITHA P., WIFE OF VINOD C. V., DAUGHTER OF H. R. PRAKASH, AGED ABOUT 40 YEARS, RESIDING AT NO. 2352/3, JPM LAYOUT, PUTTE GOWA BUILDING, HALAGURU POST, MALAVALLI TALUK, MANDYA – 571 421. ...RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.10730/2022 ON THE FILE OF XXXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A OF THE IPC AND SEC.4 OF DOWRY PROHIBITINO ACT IN CR.NO.160/2021 BY - 3 - HC-KAR NC: 2025:KHC:22700 CRL.P No. 14028 of 2024 C/W CRL.P No. 8378 of 2025 THE BASAVANAGUDI WOMEN POLICE AS PER ANNEXURE-A BY ALLOWING THE ABOVE PETITION. THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Both these petitions arise out of the impugned proceedings in C.C.No.10730/2022 arising out of Crime No.160/2021 pending before the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 498A read with Section 34 of IPC and Section 4 of Dowry Prohibition Act. In the said proceedings, the petitioner in Crl.P.No.8378/2025 is the husband of respondent No.2/Smt.Ashitha P, while petitioners in Crl.P.No.14028/2024 are the parents-in-law of respondent No.2- complainant being the parents of the husband. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest this petition. - 4 - HC-KAR NC: 2025:KHC:22700 CRL.P No. 14028 of 2024 C/W CRL.P No. 8378 of 2025 4. A perusal of the material on record will indicate that in matrimonial proceedings in M.C.No.421/2021 between Vinod C.V., and Ashitha P., settlement has been arrived at mediation and has filed memorandum of settlement in which respondent No.2 undertook as under: “9. The respondent undertakes to withdraw/close/quash the following cases: a) Crl.Misc.No.33/2022 filed against the petitioner under D.V.Act pending before VI MMTC, Bengaluru. b) Crl.Misc.No.190/2023 filed against the petitioner pending on the file of VI MMTC, Bengaluru. c) C.C.No.10730/202 filed against the petitioner under section 498A of IPC pending on the file of 32nd ACMM, Bengaluru.” 5. In view of the settlement arrived at between the parties – Vinod C.V and Ashitha P., I am of the view that the impugned proceedings insofar as the petitioners are concerned in both the petitions deserves to be quashed. - 5 - HC-KAR NC: 2025:KHC:22700 CRL.P No. 14028 of 2024 C/W CRL.P No. 8378 of 2025 6. Accordingly, I proceed to pass the following: ORDER i) The petitions are hereby allowed. ii) The impugned proceedings in C.C.No.10730/2022 arising out of Crime No.160/2021 pending before the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 498A read with Section 34 of IPC and Section 4 of Dowry Prohibition Act insofar as the petitioners in both the petitions are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 1