Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:10674 CRL.P No. 14320 of 2024 C/W CRL.P No. 1012 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14320 OF 2024 C/W CRIMINAL PETITION NO. 1012 OF 2025
IN CRL.P No. 14320/2024: BETWEEN:
1. MR NAGESH S/O MR K S MANJAPPA GOWDA AGED ABOUT 37 YEARS NO 25, PAWAMMA NAGAR J P NAGAR 8TH PHASE B K CIRCLE, BANGALORE 560078. ALSO AT: NO.417, SEETANILAYA SEEBINAKERE, BETTAMAKKI, TIRTHAHALLI, SHIVAMOGGA KARNATAKA-577 432. 2. MR. MANJAPPA K G AGE ABOUT 67 YEARS S/O LATE GIDDAPPA GOWDA R/AT NO 417, BETTAMAKKI TIRTHALLI SEEBINAKERE, SHIMOGA SHIMOGGA 577 432. 3. MRS SEETHAMMA W/O K G MANJAPPA AGED ABOUT 62 YEARS R/AT NO 417, BETTAMAKKI TIRTHALLI SEEBINAKERE, SHIMOGA SHIMOGGA 577 432. …PETITIONERS
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:10674 CRL.P No. 14320 of 2024 C/W CRL.P No. 1012 of 2025
(BY SRI. FEROZE NIZAM A., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY WOMENS POLICE STATION EAST ZONE, BANGALORE 560001 REP BY SPP,HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. MRS. GOWTHAMI AGED ABOUT 33 YEARS D/O. MR. MANJAPPA GOWDA W/O MR. K M NAGESH NO 69/2, 1ST FLOOR 10TH CROSS, JOGUPALYA HALASUR, BENGALURU 560 008. …RESPONDENTS (BY SRI. MOHAMMED MUJASSIM, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN CC. NO.17714/2021 PENDING ON THE FILE OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT-MAYO HALL, BANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 R/W SECTION 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT. IN CRL.P NO. 1012/2025: BETWEEN:
1. MR GAGAN S/O. MR. MANJAPPA AGED ABOUT 27 YEARS, RESIDENT OF BASGERI, HEGGODU POST, THIRTHALLI TALUK, SHIVAMOGGA DISTRICT-577 432. …PETITIONER (BY SRI. MOHAMMED MUJASSIM., ADVOCATE)
- 3 -
NC: 2025:KHC:10674 CRL.P No. 14320 of 2024 C/W CRL.P No. 1012 of 2025
AND:
1. STATE OF KARNATAKA RAMAMURTHYNAGAR POLICE STATION RAMAMURTHYNAGAR BANGALORE, REPRESENTED BY S.P.P, HIGH COURT OF KARNTAKA AT BENGALURU-560 001. 2. MR. NAGESH.K.M S/O. K.G. MANJAPPA GOWDA AGED ABOUT 36 YEARS, NO. 25, PAWAMMA NAGAR, J.P. NAGAR 8TH PHASE, B.K. CIRCLE, BANGALORE - 560078. …RESPONDENTS (BY SRI. FEROZE NIJAM A., ADVOCATE FOR R2; SRI.
M R PATIL, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN S.C NO. 566/2023 PENDING ON THE FILE OF THE XIII ADDITIONAL CITY AND SESSIONS JUDGE (CCH-2), MAYO HALL, BENGALURU, ARISING OUT OF CRIME NO. 96/2022 OF RAMAMURTHY NAGAR POLICE STATION, FOR OFFENCES UNDER SECTIONS 307 AN 506 OF IPC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER Crl.P.No.14320/2024:
The petitioners-accused No.1, 2 and 3 who are charge sheeted for the offence punishable under Section 498A, 504 of IPC, and Section 3 and 4 of Dowry Prohibition Act, is before this Court Seeking relief.
- 4 -
NC: 2025:KHC:10674 CRL.P No. 14320 of 2024 C/W CRL.P No. 1012 of 2025
2. The prosecution alleges that petitioners-accused No.1-husband and accused Nos.2 and 3 parents-in-laws subjected the defacto-complainant to cruelty both mentally and physically, and also demanded to bring money from the parental home.
Crl.P.No.1012/2025:
3. The petitioner-accused No.1 who is charge sheeted for the offence punishable under Sections 307, 506 of IPC, is before this Court Seeking relief.
4. The prosecution alleges that the petitioner-accused No.1 who is the brother-in-law of the defacto complainant and there was marital conflict between the husband and wife and in that context, the petitioner-accused No.1 assaulted, and threatened the complainant with dire consequences.
5. The parties are present before this Court and have filed a joint memo stating that the marital conflict between the accused No.1 in Crl.P.No.14320/2024 and the defacto complainant have been amicably resolved among themselves and in terms of the settlement their marriage has been dissolved mutually and the complainants in both the petitions have agreed to withdraw all the allegations made against each other and have no objection for quashing the impugned proceedings.
- 5 -
NC: 2025:KHC:10674 CRL.P No. 14320 of 2024 C/W CRL.P No. 1012 of 2025
6. In terms of the settlement, accused No.1 in Crl.P.No.14320/2024 has agreed to pay a sum of Rs.30,00,000/- towards permanent alimony, and Rs.20,00,000/- is already paid before the Trial Court and balance amount of Rs.10,00,000/- is paid through Demand Draft before this Court and the same is received by the wife, subject to realization.
7. The joint memo is placed on record.
8. Though the offences alleged against the petitioners are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioners-accused are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement arrived between the parties. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following:
ORDER i) The petitions are allowed.
ii) The impugned proceedings in C.C.No.17714/2021, on the file of the XI Additional Chief Metropolitan Magistrate, Mayo hall, Bangalore, insofar it relates to the petitioners in Crl.P.No.14320/2024 stands quashed.
- 6 -
NC: 2025:KHC:10674 CRL.P No. 14320 of 2024 C/W CRL.P No. 1012 of 2025
iii) The impugned proceedings in S.C.No.566/2023, on the file of the XIII Additional City and Sessions Judge (CCH-22) insofar it relates to the petitioner herein in Crl.P.No.1012/2025 stands quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR List No.: 1 Sl No.: 40