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2025 DAILYLAW 40019 (KAR)

ANANDA BABU ELUMALAI v. STATE BY WHITEFIELD

CRL.P/11841/2025 · 2025-11-27

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49674 CRL.P No. 11841 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11841 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. ANANDA BABU ELUMALAI S/O LATE ELUMALAI AGED 30 YEARS 2. SMT. CELLAK KILI, W/O LATE ELUMALAI AGED ABOUT 55 YEARS, PRESENTLY R/AT: NO.34, 4TH CROSS ROAD NEAR ST. ANTHONY CHURCH, TC PALYA MAIN ROAD, KR PURAM, BANGALORE CITY - 560036 PERMANENT RESIDENT OF NO.189, PALLATHU STREET, ADIANNAMALAI, THIRUVANNAMALAI, TAMIL NADU - 606604 …PETITIONERS (BY SRI. MOHAN KUMAR.B.M., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49674 CRL.P No. 11841 of 2025 AND: 1. STATE BY WHITEFIELD WOMEN'S POLICE STATION 2. KARTHIKHA VARSHINI AGED ABOUT 29 YEARS W/O ANANDA BABU NO.34, 4TH CROSS ROAD, NEAR ST. ANTHONY CHURCH, TC PALYA MAIN ROAD, KR PURAM, BANGALORE CITY - 560036 …RESPONDENTS (BY SRI. RAHUL RAI.K., HCGP FOR R1; SRI. ANTHONY FREDDY.S., ADV. FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED 11.04.2024 (ANNEXURE B) AND QUASH THE FIR IN CR.NO.14/2024 DATED 11.04.2024 (ANNEXURE A) REGISTERED FOR THE ALLEGED O/P/U/S 498A, 323, 506, 34 OF IPC AND SEC.3 AND 4 OF D.P ACT AS AGAINST THE ACCUSED PENDING ON THE FILE OF HON'BLE COURT OF THE XXIX ACJM, BANGALORE (TRAIL COURT) AGAINST THE PETITIONERS AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:49674 CRL.P No. 11841 of 2025 ORAL ORDER Petitioners are seeking to quash the FIR in Crime No.14/2024 registered at Whitefield Women Police Station, Bengaluru City and the consequential proceedings pending on the file of the XXIX Additional CJM, Bengaluru in C.C.No.76048/2024. 2. The matter arises out of a matrimonial dispute, wherein respondent No.2 has set the law in motion, consequent to which, the proceedings are initiated against the petitioners for the offence punishable under Section 498A, 323, 506 read with Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. 3. The petitioners and respondent No.2 are present before the Court. It is submitted that the dispute has been amicably settled and joint petition was filed under Section 13B of the Hindu Marriage Act, 1955, before the Family Court, Tiruvallur, seeking dissolution of the marriage by mutual consent. Before this Court, a petition is filed under Section 320 read with Section 482 of Code of Criminal Procedure, 1973, seeking permission to permit the parties to compound the case - 4 - HC-KAR NC: 2025:KHC:49674 CRL.P No. 11841 of 2025 and to quash the entire proceedings. The said petition is supported by the affidavits of petitioner No.1 and respondent No.2. 4. The respondent No.2/defacto complainant is present before the Court and submits that she has given her voluntary consent to withdraw the case and she has no objection if the criminal proceedings pending against the petitioners are quashed. 5. The petition and the affidavits of the parties are placed on record. 6. A memo is filed by the learned counsel for the petitioners stating that in light of the amicable settlement arrived at between the parties, petitioner No.1 has paid an amount of Rs.4,50,000/- towards full and final settlement to respondent No.2 by way of Demand Draft bearing No.685229 for Rs.2,50,000/- and Demand Draft bearing No.685671 for Rs.2,00,000/- respectively drawn on State Bank of India, Gandhi Nagar, Tiruvannamalai Branch, in addition to - 5 - HC-KAR NC: 2025:KHC:49674 CRL.P No. 11841 of 2025 Rs.3,00,000/- already paid to respondent No.2 before the Family Court, Tiruvallur. Memo is placed on record. 7. Receipt of the demand drafts is acknowledged by respondent No.2 and the learned counsel. 8. Considering that the matter arises out of matrimonial dispute and since the parties have entered into an amicable settlement and respondent No.2 having expressed no objection for quashing the proceedings pending against the petitioners, to secure the ends of justice, it is expedient to allow the petition and quash the proceedings, as continuation of proceedings would serve no useful purpose. Hence, the following: ORDER (i) Petition in allowed, consequently the entire proceedings pending against the petitioners in C.C.No.76048/2024 on the file of the XXIX Additional CJM, Bengaluru, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE SMJ; List No.: 1 Sl No.: 40