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2025 DAILYLAW 40600 (KAR)

MR DHIRAJ KUMAR SINGH v. STATE OF KARNATAKA

CRL.P/12410/2025 · 2025-09-02

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34380 CRL.P No. 12410 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12410 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR DHIRAJ KUMAR SINGH SON OF MR. SATYENDRA SINGH, AGED ABOUT 30 YEARS, RESIDING AT B502, ARISTO PALMS, ANANTHANAGARA, PHASE 2, HUSKUR GATE, KAMASANDRA ELECTRONIC CITY, BENGALURU – 560100 2. MR. SATENDRA SINGH, SON OF MUNDRIKA SINGH, AGED ABOUT 56 YEARS, R/ AT B502, ARISTO PALMS, ANANTHANAGARA, PHASE - 2, HUSKUR GATE, KAMASANDRA ELECTRONIC CITY, BENGALURU – 560100 3. MRS. ARTI SINGH WIFE OF MR. SATYENDRA SINGH, AGED ABOUT 51 YEARS, R/AT B502, ARISTO PALMS, ANANTHANAGARA, PHASE - 2, HUSKUR GATE, KAMASANDRA ELECTRONIC CITY, BENGALURU 560100 …PETITIONERS (BY SRI. ANKUR TRIPATHI., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34380 CRL.P No. 12410 of 2025 AND: 1. STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, ANEKAL SUB- DIVISION, ELECTRONIC CITY, BOMMASANDRA, BENGALURU DISTRICT - 560099 REPTD BY. SPP. HIGH COURT BUILDING BANGALORE. 2. MRS. PRIYA KUMARI, WIFE OF MR. DHIRAJ KUMAR SINGH, AGED ABOUT 29 YEARS, RESIDING AT DOOR NO.T-03, WHITE ORCHID APARTMENT, 14TH CROSS, ANANTHNAGAR, HUSKUR GATE, ELECTRONIC CITY, BANGALORE DISTRICT - 560100 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 SRI. CHETAN TAYAL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7538/2024 (ANNNEXURE-C AND D) PENDING BEFORE THE IV ADDL.CIVIL JUDGE AND J.M.F.C, AT ANEKAL ARISEN OUT OF CR.NO.567/2024 BEFORE THE HEBBAGODI P.S. I.E RESPONDENT NO.1 (ANNEXURE-A AND B) FOR THE OFFENCE P/U/S 85,91,115(2),118(1),352 OF BNS 2023 AND SEC.3 AND 4 OF THE D.P ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34380 CRL.P No. 12410 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by husband/ accused No.1 as well as in-laws seeking quashment of the proceedings pending under Sections 85, 91, 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Today, a joint affidavit has been filed by the spouses as well as the in-laws, indicating that the matter has been amicably settled. It is stated therein that respondent No.2 – de facto complainant has returned to her matrimonial home and has resumed cohabitation with accused No.1. On enquiry, respondent No.2, who is present before this Court, has affirmed the factum of settlement recorded in M.C. No.641/2024 on the file of the Family Court at Delhi. - 4 - HC-KAR NC: 2025:KHC:34380 CRL.P No. 12410 of 2025 3. In view of such settlement, respondent No.2 has unequivocally expressed that she does not wish to pursue the criminal prosecution any further. 4. It is true that the offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023 is not compoundable. However, having regard to the fact that the matrimonial dispute has been amicably resolved, and respondent No.2 has resumed marital life with petitioner No.1, this Court is of the considered opinion that in order to prevent abuse of the process of law and to secure the ends of justice, the petition deserves to be allowed in exercise of the inherent powers under Section 482 Cr.P.C. 5. Accordingly, the settlement having been duly recorded, the criminal proceedings against the petitioners are liable to be quashed. 6. Hence, this Court proceeds to pass the following: - 5 - HC-KAR NC: 2025:KHC:34380 CRL.P No. 12410 of 2025 ORDER i) The Criminal Petition is hereby allowed. ii) The proceedings in C.C. No.7538/2024 pending on the file of the IV Additional Civil Judge and JMFC, Anekal, arising out of Crime No.567/2024, for the offences punishable under Sections 85, 91, 115(2), and 352 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SKS List No.: 3 Sl No.: 1