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High Court of Karnataka · body

2025 DAILYLAW 39650 (KAR)

MR.RAMESH AGRAWAL v. STATE OF KARNATAKA

CRL.P/1653/2024 · 2025-09-25

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38975 CRL.P No. 1653 of 2024 C/W CRL.P No. 13132 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 1653 OF 2024 C/W CRIMINAL PETITION NO. 13132 OF 2025 IN CRL.P No. 1653/2024 BETWEEN: 1. MR.RAMESH AGRAWAL S/O GULABCHAND AGRAWAL, AGED ABOUT 64 YEARS, R/AT KALIMPONG, RC MINTRI ROAD, WARD NO.3, KALIMPONG-1, KALIMPONG, DARJEELING, WEST BENGAL - 734 301. 2. MR. DHIRAJ AGRAWAL C/O RAMESH AGRAWAL, AGED ABOUT 35 YEARS, R/AT KALIMPONG, RC MINTRI ROAD, WARD NO.3, KALIMPONG-1, KALIMPONG, WEST BENGAL - 734 301. 3. MR. MEETH MEDAPPA M P S/O M P PEMMAIAH, AGED ABOUT 36 YEARS, R/AT NALVATHOKLU AMMATHI, KODAGU - 5712108 …PETITIONERS (BY SRI. ROHAN S, ADVOCATE FOR SRI. M.R. BALAKRISHNA, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38975 CRL.P No. 1653 of 2024 C/W CRL.P No. 13132 of 2025 AND: 1. STATE OF KARNATAKA BY HSR LAYOUT PS, BENGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. YAMINI D. RAO W/O RAHUL AGRAWAL, AGED ABOUT 34 YEARS, R/AT NO. 10C/1, GROUND FLOOR, IST MAIN, IAS COLONY, 6TH SECTOR, HSR LAYOUT, BENGALURU CITY - 560 102 PRESENTLY R/AT NO.1917, BCCHS LAYOUT, KANAKAPURA MAIN ROAD, VAJRAHALLI PO, TALAGHATTAPURA, BENGALURU - 560 062 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; SRI. S. NAGENDRA DIKSHIT, ADVOCATE FOR R-2) *** THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLIANT IN CRIME NO.44/2024 DATED 07.02.2024 PENDING ON THE FILE OF THE HON'BLE XXXVII ACMM COURT AT BENGALURU FOR THE ALLEGED OFFENCES P/U/S.498-A, 354, 354-A, 354-B, 323, 504, 506 R/W SEC.34 OF IPC REGISTERED BY THE RESPONDENT NO.1/HSR LAYOUT PS BASED ON THE COMPLIANT FILED BY THE RESPONDENT NO.2, ETC. - 3 - HC-KAR NC: 2025:KHC:38975 CRL.P No. 1653 of 2024 C/W CRL.P No. 13132 of 2025 IN CRL.P NO. 13132/2025 BETWEEN: MR. RAHUL AGRAWAL S/O. RAMESH AGRAWAL, AGED ABOUT 38 YEARS, R/AT NO. 10C/1, GROUND FLOOR 1ST MAIN, IAS COLONY, VI - SECTOR,HSR LAYOUT, BENGALURU - 560 102. ...PETITIONER (BY SRI. BALAKRISHNA M R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT PS, BENGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. YAMINI D. RAO W/O RAHUL AGRAWAL, AGED ABOUT 34 YEARS, R/AT NO. 10C/1, GROUND FLOOR, IST MAIN, IAS COLONY, 6TH SECTOR, HSR LAYOUT, BENGALURU CITY - 560 102 PRESENTLY R/AT NO.1917, BCCHS LAYOUT, KANAKAPURA MAIN ROAD, VAJRAHALLI PO, TALAGHATTAPURA, BENGALURU - 560 062 ...RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. S. NAGENDRA DIKSHIT, ADVOCATE FOR R2) - 4 - HC-KAR NC: 2025:KHC:38975 CRL.P No. 1653 of 2024 C/W CRL.P No. 13132 of 2025 THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLIANT IN CRIME NO.44/2024 DATED 07.02.2024 PENDING ON THE FILE OF THE HONBLE XXXVII ACMM COURT AT BENGALURU CITY FOR THE ALLEGED OFFENCE P/U/S/ 498-A, 354, 354-A, 354-B, 323, 504, 506 R/W SEC.34 OF IPC REGISTERED BY THE RESPONDENT NO.1/HSR LAYOUT POLICE STATION BASED ON THE COMPLAINT FILED BY THE RESPONDENT NO.2, ETC. THESE CRL.PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER These two petitions are filed by husband and in-laws of respondent No.2, seeking quashing of the proceedings pending in Crime No.44/2024, for the offence punishable under Section 498A, 354, 354A, 354B, 323, 504, 506 read with Section 34 IPC. 2. Today, a joint affidavit has been filed by the husband/petitioner in Crl.P.No.13132/2025 and the second respondent/wife. In the joint affidavit, it is stated that the - 5 - HC-KAR NC: 2025:KHC:38975 CRL.P No. 1653 of 2024 C/W CRL.P No. 13132 of 2025 matter between the parties, in M.C. No.846/2024, has been amicably settled. Pursuant to the settlement, the marriage between the petitioner/husband and the second respondent/wife has been dissolved, as reflected in the divorce decree dated 10.09.2025. The second respondent/complainant, who is present before this Court, admits that the marriage has been legally dissolved and, in view thereof, has requested that the proceedings pending in the above-mentioned crime number be quashed. 3. Although the matter has been amicably settled, the offences under Section 498A IPC are non- compoundable. In light of the dissolution of marriage and in the interest of giving a quietus to the dispute, this Court finds it appropriate to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the criminal proceedings. 4. Accordingly, this Court passes the following: - 6 - HC-KAR NC: 2025:KHC:38975 CRL.P No. 1653 of 2024 C/W CRL.P No. 13132 of 2025 ORDER (i) The petitions are allowed. (ii) The proceedings pending in Crime No.44/2024, for offences punishable under Sections 498A, 354, 354A, 354B, 323, 504, 506 read with Section 34 IPC, before the learned XXXVII ACMM Court, Bengaluru, are hereby quashed. (iii) Pending interlocutory applications in both petitions stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BMV* List No.: 2 Sl No.: 25 CT: BHK