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2025 DAILYLAW 36807 (KAR)

RAKESH SAMA v. STATE BY RAMANAGARA WOMEN POLICE STATION

CRL.P/842/2025 · 2025-06-17

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21126 CRL.P No. 842 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 842 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. RAKESH SAMA S/O SATYANARAYANA MUJANESATYA AGED ABOUT 38 YEARS, R/AT NO. 69, MANGALA MUNJANE NILAYA K.H.B COLONY, BIDADI TOWN, RAMANAGARA – 562 109. 2. SATYANARAYANA S/O ANNAYYAPPA. AGED ABOUT 78 YEARS, R/AT NO. 69, MANGALA MUNJANE NILAYA K.H.B COLONY, BIDADI TOWN, RAMANAGARA – 562 109. 3. MANGALA GOWRI W/O SATYANARAYANA @ MUJANESATYA AGED ABOUT YEARS, R/AT NO. 69, MANGALA MUNJANE NILAYA K.H.B COLONY, BIDADI TOWN, RAMANAGARA – 562 109. …PETITIONERS (BY SRI. K B K SWAMY, ADVOCATE) AND: 1. STATE BY RAMANAGARA WOMEN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU- 560 001. 2. SINDHUSHRI.N W/O RAKESH SAMA AGED ABOUT 31 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21126 CRL.P No. 842 of 2025 R/AT NO. 69, MANGALA MUNJANE NILAYA K.H.B COLONY, BIDADI TOWN, RAMANAGARA – 562 109. …RESPONDENTS (BY SRI. NAGESHWARAPPA.K, HCGP FOR R-1 SRI. ANIL.R, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE PROCEEDINGS IN S.C.NO.19/2021 (CRIME NO.44/2019) REGISTERED BY RAMANAGARA WOMEN POLICE STATION, RAMANAGARA FOR THE OFFENCES P/U/S 498(A), 307, 506 OF IPC AND SECTION 3 AND 4 OF DOWRY PROBATION ACT, NOW PENDING ONT HE FILE OF HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT 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 seeks for the following reliefs:- I. Quash the proceedings in S.C.No.19/2021 (Crime No.44/2019) registered by Ramanagara women Police Station, Ramanagara for the offences punishable under section 498(A), 307, 509 of IPC and Section 3 and 4 of Dowry Prohibition Act, now pending on the file of Hon’ble Principal District and Sessions Judge, at Ramangara. II. Pass such other orders as this Hon’ble Court deems to fit in the circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:21126 CRL.P No. 842 of 2025 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 17.06.2025 duly signed by the petitioner No.1, 2nd respondent and their respective counsel and the same is taken on record. It is submitted that petitioners 2 and 3, who are the parents of the petitioner No.1, are not present before the Court due to their ill health. 3. Petitioner – accused No.1 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT WE, RAKESH SAMA S/o Satyanarayana @ Mujanesatya, Aged about 39 years, R/at 69, Mangala Munjane Nilaya, K.H.B. Colony, Bidadi Town, Ramanagar District – 562 109, today at Bengaluru, and SINDHUSHRI.N W/o Rakesh Sama, Aged about 32 years, R/at 69, Mangala Munjane Nilaya, К.Н.В. Colony, Bidadi Town, Ramanagar District - 562109., do hereby solemnly affirm and state on oath as follows: 1. We State that we were Husband and Wife and both of us are fully acquainted with the facts and - 4 - HC-KAR NC: 2025:KHC:21126 CRL.P No. 842 of 2025 circumstances of the case. We are competent to swear to this affidavit. 2. We state that the above Petition under Sec. 482, Cr.P.C. is filed for quashing the proceedings in S.C.NO: 19/2021 (CRIME NO.44/2019) pending on the file of the learned Principal District and Sessions Judge, at Ramanagara by permitting Petitioner Nos. 1, 2 and 3 and Respondent. No 2 to compound the offences punishable under Secs. 498-A, 307, 509 of L.P.C. and under Sec. 3 and 4 of the Dowry Prohibition Act. The said case arises out of the complaint which the Respondent No.2 had filed against Petitioner Nos. 1, 2 and 3. we further state that the case is now pending as aforesaid and Petitioner Nos. 1, 2 and 3 have been arraigned as Accused Nos. 1, 2 and 3 respectively in the said case. 3. We state that the Petitioner No.1 had filed a case against the Respondent No.2 for restitution of conjugal rights in M.C. No: 629/2021, on the file of II Addl. Family Judge, at Mysore. At the intervention of well-wishers, elders and friends from both the sides, Petitioner No. 1 and Respondent No.2 have settled our differences and agreed to stay together and lead the matrimonial life. The Respondent No.2 had agreed to compound the offences alleged against Petitioner Nos. 1, 2 and 3 in the said case and thus, this - 5 - HC-KAR NC: 2025:KHC:21126 CRL.P No. 842 of 2025 Criminal Petition has been filed. The Respondent No. 2 have agreed to withdraw all the allegations made in the complaint and nut interested in proceeding against petitioner Nos. 1, 2 and 3. 4. The petitioner No. 1 submit that, he will take care of the Respondent 2 and his children well being without further taking law into his hands. The other petitioners also agreed to take care of the Respondent No.2 in good manner and her children's up bringing and vice verse. 5. We state that in view of the fact that the offences alleged by the Respondent No.2 are non- compoundable, the petitioners have filed the above petition and we are praying this Hon'ble Court to permit us to compound the offences, We state that petitioner No.1 and the Respondent No.2 have settled their dispute. Hence this affidavit. 6. We State that the closure of the case would not cause any damage to the state, as the entire dispute is with regard to the marital discord, no public cause or interest is involved. The pendency of the litigation would further widen the rift among us. It will eventually cause deep distress and damage the harmony. Continuation of the Criminal Proceedings will result in waste of precious time of the Hon'ble trial court and cause loose of the exchequer. Mere continuation of the proceedings would not serve any purpose. - 6 - HC-KAR NC: 2025:KHC:21126 CRL.P No. 842 of 2025 Wherefore, it is most respectfully prayed that the proceedings in S.C.No. 190/2021 pending on the file of the learned principal District and sessions Judge Ramanagara for the offences punishable under section 498-A, 307, 509 of I.P.C. and under section 3 and 4 of the Dowry Prohibition Act, registered by the Ramanagara Women Police Station, Ramanagar in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 17.06.2025. (ii) The proceedings in S.C.No.19/2021 arising out of Crime No.44/2019 registered by the 1st respondent – Police for the offences punishable under Sections 498-A, 307 and 509 of IPC and Sections 3 and 4 of the D.P.Act, pending on the file of Prl.District and Sessions Judge, Ramanagara, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.