Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10352 CRL.P No. 965 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 965 OF 2025 BETWEEN:
1.
SRI. VENKATESH K S/O. KRISHNAPPA, AGED ABOUT 40 YEARS, R/AT. HOLAGERE, KALLHALLI VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT BANGALORE 562 106. …PETITIONER (BY SRI. KOPRESH., ADVOCATE)
AND:
1.
STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, VARTHUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU 560 001.
2.
SMT. S. BHARATHI, W/O. VENKATESH D/O. LATE SRINIVAS, AGED ABOUT 34 YEARS, R/AT. GUNDAPPA STREET, BEHIND MANJULAMMA BANGLE STORE, NEAR GANDHI CIRCLE, VARTHUR, BANGALOE-560 087. …RESPONDENTS (BY SRI. GAGAN RAJ, ADVOCATE FOR R2;
SRI. M V ANOOPKUMAR, HCGP FOR R1)
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:10352 CRL.P No. 965 of 2025
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) THAT TO QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING C.C.NO.344/2024 PENDING ON THE FILE OF THE HONBLE 2ND ADDL. CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL DISTRICT, BANGALORE, THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.1 FOR THE ALLEGED OFFENCE U/S 448, 427, 504, 506, 509 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The learned High Court Government Pleader accepts notice on behalf of Respondent No. 1 – State.
2. Sri Gagan Raj, learned counsel, has filed a power of attorney on behalf of Respondent No. 2.
3. The petitioner (Accused No. 1), who has been charge-sheeted for offences punishable under Sections 448, 427, 504, 506, and 509 read with Section 34 of the IPC, is before this Court seeking relief.
4. The prosecution alleges that Accused No. 1, who is the husband of the de facto complainant, criminally trespassed into the house, abused, and threatened her with dire consequences.
5. The petitioner filed a petition for dissolving his marriage under Section 13(1)(i-a) of the Hindu Marriage
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NC: 2025:KHC:10352 CRL.P No. 965 of 2025
Act, 1955. In those proceedings, the petitioner and the de facto complainant amicably resolved their dispute; as per the settlement, the marriage was dissolved, the de facto complainant agreed to withdraw all allegations made against the petitioner, and she raised no objection to quashing the impugned proceedings.
6. The petitioner has annexed a copy of the memorandum of settlement under Section 89 of the CPC, read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, to the petition.
7. Given that the parties have amicably resolved their dispute, although the offences alleged against the petitioner (accused) are cognizable and non- compoundable, subjecting him to trial would serve no purpose. In light of the settlement, the probability of the petitioner’s conviction is remote and bleak.
8. In view of the above, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law.
9. Accordingly, the petition is allowed. The impugned proceedings in CC No. 344/2024 pending on the file of the learned II Additional Chief Judicial Magistrate, Bangalore Rural District, Bangalore, are hereby quashed.
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NC: 2025:KHC:10352 CRL.P No. 965 of 2025
10. The petitioner has handed over a demand draft for a sum of Rs.5,00,000/- (Rupees five lakh) as full and final settlement to the de facto complainant, who is before this Court, and the same is acknowledged subject to realization.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM List No.: 2 Sl No.: 1