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2025 DAILYLAW 45563 (KAR)

L BHARATH SINGH v. STATE OF KARNATAKA

CRL.P/2572/2025 · 2025-02-25

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8596 CRL.P No. 2572 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2572 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: L. BHARATH SINGH, AGED ABOUT 33 YEARS, S/O LAKSHMINARAYANA SINGH, R/AT NO.9, 1ST CROSS, BEHIND GOVT. MIDDLE SCHOOL, AYAPPASWAMY TEMPLE BACKSIDE, KADUGODI, BENGALURU – 560 067. …PETITIONER (BY SRI. VIJAYAKUMAR R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE, EAST ZONE, PULIKESHINAGAR SUB-DIVISION, BENGALURU CITY, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 2. SMT. SHOBHA BAI M. B., AGED ABOUT 31 YEARS, W/O SRI L. BAHARATH SINGH, R/AT NO.201 2ND FLOOR, NO.13, MANJUNATHA NILAYA, 9TH CROSS, MUNINANJAPPA LAYOUT, RAMAMURTHY NAGAR, BENGLAURU – 560 016. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1 SRI. S.R.SREEPRASAD, ADV. FOR R-2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8596 CRL.P No. 2572 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.33302/2023 PENDING ON THE FILE OF THE 11TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “Wherefore, the Petitioner respectfully prays this Hon’ble Court be pleased to Quash the entire proceedings in C.C.No.33302/2023 pending on the file of 11th Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru and further be pleased to grant such as the relief or relief’s as this Hon’ble Court deem fit to grant in the facts and circumstance of the case.” 2. A perusal of the material on record will indicate that the petitioner is the husband of respondent No.2 have entered into amicable settlement in M.C.No.33302/2023 dated 17.02.2025. Clause-5 of the said Memorandum of Settlement reads as under: “5. It is agreed between both the parties, the first petitioner under takes that she will withdraw the cases in Crl.Mis No.37/2023 pending on the file of 1st Metropolitan Magistrate Traffic Court at Mayohall Bengaluru and Dowry - 3 - NC: 2025:KHC:8596 CRL.P No. 2572 of 2025 case in CC No.33302/2023 pending on the file of 6th Addl. Chief Metropolitan Magistrate at Bengaluru against petitioner No.2 and his Father Lakshmi Narayan Singh and mother Latha Bai and the first petitioner is the registered owner of a two wheeler scooter bearing No.KA-51-HR-1683 and the first petitioner shall continue to pay the remaining EMI pending before Tata Capital Finance and further the second petitioner has paid a down payment of Rs.50,000/- and paying the EMI also.” 3. Learned counsel for the petitioner – accused and learned counsel for respondent No.2 – complainant have filed a Joint Memo dated 25.02.2025 duly signed by the petitioner, respondent No.2 and their respective counsel and the same is taken on record. 4. Petitioner – accused, respondent No.2 - complainant and his counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- ““JOINT MEMO The petitioner and 2nd respondent state as under: (1) That in M.C.5801/2024, the parties have already agreed for a decree of divorce by mutual consent and accordingly they entered into an agreement before KMC, which has since been accepted by the Hon’ble Court and passed an order in terms thereof. - 4 - NC: 2025:KHC:8596 CRL.P No. 2572 of 2025 (2) The 2nd respondent agrees and undertakes that she has no objection for the quashing of the proceedings in C.C.No.33302/2023 (arising out of FIR No.0213/2022) lodged with the 1st respondent, in view of the fact that the parties have settled their dispute amicably. Wherefore, both pray for kind orders.” 5. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent before this Court as well as before the Trial Court, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 25.02.2025. (ii) The proceedings in C.C.No.33302/2023 (arising out of Crime No.213/2022 of 1st respondent – Police) registered for the offences punishable under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the 11th Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 2 Sl No.: 120