Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9628 CRL.P No. 10986 of 2024 C/W CRL.P No. 2046 of 2024
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. 10986 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 2046 OF 2024 (482(Cr.PC) / 528(BNSS)
IN CRL.P No. 10986/2024 BETWEEN:
SRI SANDEEP A S S/O SATHYANARAYANA AGED ABOUT 40 YEARS OCC BUSINESSMAN R/O NO. 20, 17TH MAIN NEAR TEMPLE STREET ROAD GIRINAGAR 560 085. …PETITIONER (BY SMT. BHARATHI. G. BHAT, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION REPRESENTED BY HCGP HIGH COURT BUILDING BANGALORE.
2.
SMT. DIVYA B K W/O SANDEEP A S AGED ABOUT 30 YEARS OCC: MAKE OVER ARTIST # 395/1,5TH MAIN ROAD NAGENDRA BLOCK BANGALORE - 560 050. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1)
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET FILED BY THE BASAVANAGUDI WOMEN POLICE STATION AGAINST THE PETITIONER U/SS 498(A), 506 R/W 34 OF IPC IN CR.NO.241/2021 AND PENDING BEFORE THE COURT XXXVI A.C.M.M., BANGALORE IN C.C.NO.14675/2022.
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:9628 CRL.P No. 10986 of 2024 C/W CRL.P No. 2046 of 2024
IN CRL.P NO. 2046/2024 BETWEEN:
1.
SMT SHOBHAS A S W/O NAGARAJU, AGED ABOUT 50 YEARS, OCC: BUSINESS R/O NO. 20, 17TH MAIN,
NEAR TEMPLE STREET ROAD, GIRINAGAR-560 085.
2.
SRI SAGAR N S/O NAGARAJ AGED ABOUT 31 YEARS OCC: PRIVATE JOB R/O NO. 20, 17TH MAIN,
NEAR TEMPLE STREET ROAD, GIRINAGAR-560 085. ...PETITIONERS (BY SMT. BHARATHI G BHAT, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN P.S REP BY SPP HIGH COURT BUILDING BENGALURU - 560 001.
2.
SMT DIVYA B K W/O SANDEEP A S AGED ABOUT 30 YEARS, OCC MAKE OVER ARTIST NUMBER 395/1, 5TH MAIN ROAD, NAGENDRA BLOCK,
BANGALORE-560 050. ...RESPONDENTS (BY SRI.THEJESH, HCGP FOR R-1 R-2 SERVED)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET FILED BY THE BASAVENAGUDI WOMEN POLICE STATION, AGAINST THE PETITIONERS U/S 498A, 506 R/W 34 OF IPC, IN CR.NO.241/2021 AND PENDING BEFORE THE XXXVII ADDL.C.M.M., BENGALURU IN C.C.NO.14675/2022.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:9628 CRL.P No. 10986 of 2024 C/W CRL.P No. 2046 of 2024
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In Crl.P.No.10986/2024, petitioner has sought for the following relief:-
“To quash the entire charge sheet filed by the Basavanagudi Women Police Station, against the petitioners U/Secs 498(a), 506 R/w 34 of IPC in Cr.No. 241/2021 and pending before the Court XXXVII A.C.M.M, Bangalore in C.C.No.14675/2022, in the interest of justice and equity.”
2. In Crl.P.No.2046/2024, petitioners have sought for the following relief:-
“To quash the entire charge sheet filed by the Basavanagudi Women Police Station, against the petitioners U/Secs 498(a), 506 R/w 34 of IPC in Cr.No. 241/2021 and pending before the Court XXXVII A.C.M.M, Bangalore in C.C.No.14675/2022, in the interest of justice and equity.”
2. In Crl.P.No.10986/2024, petitioner-accused No.1 is the husband of respondent No.2-complainant. In Crl.P.No.2046/2024, the petitioner Nos.1 and 2 – accused Nos.2 and 3 are the sister and sister’s son of accused No.1 i.e., petitioner in Crl.P.No.10986/2024. - 4 -
NC: 2025:KHC:9628 CRL.P No. 10986 of 2024 C/W CRL.P No. 2046 of 2024
In both the petitions, learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent No.2 – complainant have filed an application under Section 320 r/w. Section 482 of the Code of Criminal Procedure r/w. Section 528 of the BNSS Act, duly signed by the petitioners-accused Nos.1 to 3, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3 and respondent No.2- complainant are physically present along with their respective Counsel, before the Court and they admit the contents of the aforesaid application, which reads as under:-
“APPLICATION FILED UNDER SECTION 320 R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE R/W 528 OF THE BNSS ACT, R/W SECTION 359. The petitioners and Respondent No.2 jointly submit before this Hon’ble court as follows;
1. The Respondent No. 2 has lodged a complaint dated: 03.12.2024 before the Respondent No.1 Police which came to be registered as Cr.No. 241/2021 and further charge sheet was filed against the petitioners in C.C.No. 14675/2022 on the file of the XXXVIITH Additional Chief Metropolitan Magistrate, at Bengaluru by the Respondent by the Respondent No.1 for the offences punishable under Sections 498A, 506 R/w 34 of the Indian Penal Code. - 5 -
NC: 2025:KHC:9628 CRL.P No. 10986 of 2024 C/W CRL.P No. 2046 of 2024
2.
The Petitioners and the 2nd Respondent submit that at the intervention of well-wishers, the petitioners and the 2nd respondent are intending to compound the case and the victim /2nd Respondent is not intending to proceed further with the case against the petitioners. 3. The Petitioners/Accused No.1 7 3 are of tender age and the 2nd respondent is also a young lady carrying on her profession as Makeover Artist at Bengaluru and also on humanitarian ground in the better interest of the only daughter of the Petitioner No.1/Accused No.1 and the 2nd respondent, they are entering into this compromise deed. 4. There has been a lot of changes in the circumstances from the date on which the complaint was filed to this day and the circumstances no warrant that the petitioner/Accused No.1 and the victim /2nd Respondent decided to go for divorce on Mutual consent before the Family Court in Bengaluru, where the M.C.No. 78/2022 is already pending which has been filed by the petitioner No.1/Accused No.1 against the 2nd respondent herein and is pending for adjudication, with the kind permission of this Hon’ble Court. Further the Accused No.1 husband agreed to deposit Rs. 10,00,000/- (Ten Lakhs Only) in the name of the daughter Sanvi until she attains Majority for which the Respondent No.2 will be the Nominee and she is at liberty to draw the interest and use the same for the education of the daughter. 5. The Accused No.1/husband and Respondent No.2/wife agreed that they will exchange some of the gold
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NC: 2025:KHC:9628 CRL.P No. 10986 of 2024 C/W CRL.P No. 2046 of 2024
ornaments at the time of Divorce by mutual consent. Further the wife agreed to have the custody of the daughter and the husband will be having visitation right. 6. The victim/2nd respondent submits that there is no coercion or compulsion on her to compound the offences and on her free will agreed to compound the case. Hence, this application seeking kind permission of this Hon’ble Court to compound the offences.
WHEREFORE, this Hon’ble Court be pleased to accord permission to compound the offences in Cr.No.241/2021 and further charge sheet filed against the Petitioners/Accused No.1 to 3 in C.C.No.14675/2022 PENDING ON THE FILE OF THE XXXVITH Additional Chief Metropolitan Magistrate, Bengaluru, under Sections 498A, 506 R/w 34 of the Indian Penal Code and consequently be pleased to allow both the petitions filed under Section 482 of the Code of Criminal Procedure as prayed for there in the interest of justice and equity.”
4. In view of the aforesaid settlement entered into between the petitioners – accused Nos.1 to 3 and respondent No.2-complainant, I pass the following:
ORDER
(i) The petitions are disposed of in terms of the application under Section 320 r/w. Section 482 of the Code of
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NC: 2025:KHC:9628 CRL.P No. 10986 of 2024 C/W CRL.P No. 2046 of 2024
Criminal Procedure r/w. Section 528 of the BNSS Act, dated
25.02.2025.
(ii) The proceedings in C.C.No.14678/2022 (arising out of Crime No.241/2021 of 1st respondent – Police) registered for the offences punishable under Sections 498-A, 506 R/w. 34 of IPC pending on the file of the XXXVII ACMM, Bengaluru, insofar as the petitioners in both petitions are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 13 Sl No.: 1