Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6854 CRL.P NO.14498 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.14498 OF 2024 BETWEEN:
1.
SRI. VENUGOPAL S/O KRISHNAPPA AGED ABOUT 40 YEARS.
2.
SMT. MANJAMMA W/O KRISHNAPPA AGED ABOUT 60 YEARS.
3.
SRI. RAMAMURTHY S/O KRISHNAPPA AGED ABOUT 37 YEARS.
ALL ARE RESIDING AT:
BYATHA VILLAGE, URDIGERE HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 140. …PETITIONERS (BY SRI. SHEKAR L., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE STATION REP. BY THE S.P.P., HIGH COURT BUILDING BENGALURU - 560 001.
2.
SMT. MEGHA R.
W/O VENUGOPAL D/O RAMACHAR AGED ABOUT 29 YEARS NO.610, 2ND MAIN, 2ND CROSS,
Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka
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NC: 2025:KHC:6854 CRL.P NO.14498 OF 2024
NGF LAYOUT, NAGARABHAVI, BENGALURU CITY, KARNATAKA - 560 072.
PRESENT ADDRESS:
NO.20/2, 1ST MAIN ROAD, 1ST CROSS, SANJEEVININAGAR, HEGGANAHALLI CROSS, BENGALURU - 560 091. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1;
NOTICE TO R2 IS DISPENSED WITH V/O DATED 17.02.2025)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE (UNDER SECTION 528 OF BNNS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS CULMINATED IN C.C.NO.10594/2018 INSTITUTED BY THE RESPONDENT NO.1 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498(A) OF THE INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT PENDING ON THE FILE THE XLVI ACJM COURT, BENGALURU CITY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek following relief:
"(a) Quash the entire proceedings culminated in C.C.No.10594/2018 instituted by the First Respondent for the offences punishable under Section 498(A) of IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the
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NC: 2025:KHC:6854 CRL.P NO.14498 OF 2024
XLVI ACJM Court, Nrupathunga Road,Bangalore City, under the facts and circumstances of the case; and (b) Pass any other appropriate order or orders or direction as this Hon'ble Court may deems fit to grant by considering the facts and circumstances of the case, in the interest of justice and equity."
2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent No.1 and perused the material on record. 3. For the order proposed, notice to respondent No.2 is dispensed with. 4. A perusal of the material on record will indicate that the petitioner No.1 is the husband of respondent No.2 and petitioners 2 and 3 are the mother and brother of the petitioner No.1 respectively. The respondent No.2, wife of the petitioner No.1 filed instant complaint which was registered as F.I.R. in Crime No.75/2018 by the Chandra Layout Police Station, Bengaluru City and same is pending before the XLVI Additional Chief Judicial Magistrate, Bengaluru in C.C. No.10594/2018, which is assailed before this Court in the present petition. - 4 -
NC: 2025:KHC:6854 CRL.P NO.14498 OF 2024
5. During the pendency of the above said proceedings, the matrimonial proceedings between the petitioner No.1 and respondent No.2 in M.C. No.2379/2018 culminated in memorandum of settlement dated 08th July, 2024, in which the petitioner No.1 and respondent No.2 agreed to quash the impugned proceedings by way of amicable settlement. Clause No.8 of the memorandum of settlement entered into between the petitioner No.1 and respondent No.2 reads as under:
"8. In view of this settlement, the petitioner has agreed to cooperate with the 1st respondent in closing C.C.No.10594/2018 pending before the 46th ACMM, Bengaluru filed against the 1st respondent under Section 498-A of IPC. Further, the petitioner agrees to withdraw C.C.No.53679/2023 pending before the 31st ACMM, Bengaluru filed against the 1st respondent. Likewise, the 1st respondent agrees to withdraw C.C.No.23681/2023 filed against the petitioner herein, pending before the 31st ACMM, Bengaluru."
6.
In view of the settlement arrived at between the petitioner No.1 and the respondent No.2 in M.C. No.2379/2018, in which both the petitioner No.1 and respondent No.2 have jointly undertaken and agreed that the impugned proceedings in C.C. No.10594/2018 pending before the XLVI Additional Chief Judicial
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NC: 2025:KHC:6854 CRL.P NO.14498 OF 2024
Magistrate, Bengaluru would be quashed, I am of the considered opinion that the impugned proceedings deserves to be quashed. 7. In the result, I pass the following:
O R D E R 1) Criminal Petition is allowed; 2) The entire proceedings in C.C. No.10594/2018 pending before the XLVI Additional Chief Judicial Magistrate, Bengaluru for the offences punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act qua the petitioner-accused Nos.1 to 3 are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE
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