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2025 DAILYLAW 39607 (KAR)

SHAKUNTHALA v. STATE OF KARNATAKA

CRL.P/12285/2023 · 2025-10-28

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42867 CRL.P No. 12285 of 2023 C/W CRL.P No. 12775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12285 OF 2023 C/W CRIMINAL PETITION NO. 12775 OF 2025 IN CRL.P No. 12285/2023 BETWEEN: 1. SHAKUNTHALA W/O SHIVANNA, AGED ABOUT 52 YEARS 2. SHIVANNA S/O LATE HANUMANTHEGOWDA, AGED ABOUT 62 YEARS, BOTH ARE RESIDING AT R/O KONTHEGOWDANHALLY, SATHENAHALLI VILLAGE, HASSAN TALUK AND DISTRICT-573201 …PETITIONERS (BY SRI. MADHU M T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PSI, MYSURU CITY WOMEN P.S., MYSURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42867 CRL.P No. 12285 of 2023 C/W CRL.P No. 12775 of 2025 BANGALORE – 560001. 2. POOJA M N W/O MEGHARAJ K .S. AGED ABOUT 27 YEARS R/O NO 3169, 20TH CROSS, HEBBALA 2ND STAGE, MYSURU CITY - 570001 PRESENTLY R/O KAMMARAGI VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT - 573201 …RESPONDENTS (BY SRI.M.V.ANOOP KUMAR., HCGP FOR R1 (P/H) SRI. ABHAY R.S., ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET REGISTERED BY PSI MYSORE CITY WOMEN P.S., AT MYSURU IN CR.NO.36/2023, FOR THE OFFENCE P/U/S 498A, 323, 506 R/W SEC. 34 OF IPC AND U/S 3 AND 4 OF D.P. ACT, AS PER ANNEXURE-A AND THE SAME IS PENDING BEFORE VII ADDL. SENIOR CIVIL JUDGE AND JMFC AT MYSURU IN C.C.NO.313/2023 AND ETC. IN CRL.P NO. 12775/2025 BETWEEN: 1. MEGHARAJ K S S/O SHIVANNA, AGED ABOUT 31 YEARS, R/AT NO. 3169, 28TH CROSS, 2ND STAGE, NEAR KAVERI CIRCLE, HEBBAL, MYSORE 570001. - 3 - HC-KAR NC: 2025:KHC:42867 CRL.P No. 12285 of 2023 C/W CRL.P No. 12775 of 2025 PERMANENTLY R/O KONTHEGOWDANHALLY, SATHENAHALLI VILLAGE, HASSAN TALUK AND DISTRICT 573 212 ...PETITIONER (BY SRI. MADHU M T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PSI, MYSURU CITY WOMEN PS, MYSURU DISTRICT, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BANGALORE 560001. 2. POOJA M N W/O MEGHARAJ K S, AGED ABOUT 28 YEARS, R/O NO. 3169, 20TH CROSS, HEBBALA 2ND STAGE, MYSURU CITY 570001. PRESENTLY R/O KAMMARAGI VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DIS 573 201 ...RESPONDENTS (BY SRI.M.V.ANOOP KUMAR., HCGP FOR R1 (P/H) SRI. ABHAY R.S., ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET REGISTERED BY PSI MYSORE CITY WOMEN P.S. AT MYSURU IN CR.NO.36/2023 FOR THE OFFENCE P/U/S 498(A), 323,506 R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT AS PER ANNEXURE-A AND THE SAME IS PENDING BEFROE VII ADDL.SENIOR CIVIL JUDGE - 4 - HC-KAR NC: 2025:KHC:42867 CRL.P No. 12285 of 2023 C/W CRL.P No. 12775 of 2025 AND J.M.F.C AT MYSURU IN C.C.NO.313/2023 AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Criminal Petition No.12285/2023 is preferred by accused Nos.2 and 3. Criminal Petition No.12775/2025 is preferred by accused No.1. 2. Both the petitions arise out of Crime No.36/2023 of Mysuru City Women Police Station, which culminated in the charge sheet filed against the petitioners/accused Nos.1 to 3 for the offences punishable under Sections 498A, 323, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. 3. Complaint was lodged by the second respondent herein, on the basis of which FIR was registered against accused Nos.1 to 5. While filing the charge sheet, names of accused Nos.4 and 5 have been deleted. - 5 - HC-KAR NC: 2025:KHC:42867 CRL.P No. 12285 of 2023 C/W CRL.P No. 12775 of 2025 4. The petitioners in both the petitions are seeking to quash the charge sheet and the consequent proceedings pending before the VII Additional Senior Civil Judge and JMFC at Mysuru, in C.C.No.313/2023. 5. Applications are filed under Section 320 (2) read with Section 482 of Cr.P.C. seeking permission to compound the offences, on the ground that the parties have compromised the matter and as per the Mediation report, second respondent/de-facto complainant has agreed for quashing the entire proceedings pending against the petitioners. 6. The applications are signed by the petitioners as well as respondent No.2/de-facto complainant and the respective learned counsels appearing for the parties. The applications are accompanied with the affidavits. Respondent No.2 has filed the affidavit in support of the contents of the applications. - 6 - HC-KAR NC: 2025:KHC:42867 CRL.P No. 12285 of 2023 C/W CRL.P No. 12775 of 2025 7. It is submitted that the parties have entered into a settlement before the Family Court, Hassan, in M.C.No.50/2023, wherein the marriage solemnized between respondent no.2 and the petitioner in Crl.P.No. 12775/2025 has been dissolved. The copy of the said order has been enclosed. Further, the copy of the Mediation report is also enclosed along with the petition, in terms of the compromise agreement entered into between the parties before the Mediation Centre. 8. It is stated that in view of the settlement arrived between the parties, the second respondent/complainant does not wish to continue the criminal proceedings initiated against the petitioners and she has no objection to quash the proceedings. 9. Matter arises out of a matrimonial dispute, wherein the parties have entered into a compromise. The marriage between respondent no.2 and her husband has been dissolved by the Family Court, in terms of the compromise entered between them before the District - 7 - HC-KAR NC: 2025:KHC:42867 CRL.P No. 12285 of 2023 C/W CRL.P No. 12775 of 2025 Mediation Centre, Hassan. In that view of the matter, no purpose will be served in keeping the proceedings pending before the Trial Court. In the interest of justice, it is just and proper to allow the applications and to quash the criminal proceedings pending against the petitioners. Accordingly, the following: ORDER i) Applications are allowed. ii) Consequently, the petitions are allowed. iii) The entire proceedings pending against the petitioners in C.C.No.313/2023 on the file of the VII Additional Senior Civil Judge and JMFC at Mysuru, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE JT/- CT: JL