Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8151 CRL.P No. 1067 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1067 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SRI MAHESH R S/O SRI RAJENDRA K M AGED ABOUT 31 YEARS,
2.
SRI RAJENDRA K M S/O LATE MURUGESH, AGED ABOUT 56 YEARS
3.
SMT. GEETHA R W/O SRI RAJENDRA K M AGED ABOUT 49 YEARS .
4.
SMT. SUSHEELAMMA W/O LATE MURUGESH AGED ABOUT 71 YEARS
ALL ARE R/A NO.9, OPP S100/1 AND 101, 3RD STAGE, 4TH BLOCK, KIRLOSKAR COLONY, BASAVESHWARANAGAR BANGALORE - 560079. …PETITIONERS (BY SRI. SHIVARAM B R.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY BANGARPET POLICE STATION,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8151 CRL.P No. 1067 of 2025
KOLAR DIST - 563 114 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BANGALORE - 560001.
2.
SMT. JEEVITHA G D/O SRI KUMAR G AGED ABOUT 24 YEARS R/A NO.19, 4TH CROSS, KUPPASWAMY MUDALIAR LAYOUT, BANGARPET KOLAR (D) - 563114 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL, SPP FOR R1;
NOTICE TO R2 IS D/W V/O DATED 24.02.2025)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.1809/2023 IN CRIME NO.09/2023 REGISTERED BY BANGARPET P.S (1ST RESPONDENT) FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 498(A), 504, 506 R/W 34 OF THE I.P.C AND PENDING ON THE FILE OF LEARNED PRL.CIVIL JUDGE AND JMFC COURT, BANGARPET, KOLAR DIST., AND TO ACQUIT THE PETITIONERS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs:
"Quash the entire proceedings in CC.No.1809/2023 in Crime No.09/2023 registered by Bangarpet P.S (1st respondent) for the alleged offence punishable under Section 498(A), 504, 506 R/w 34 of IPC and pending on the file of
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NC: 2025:KHC:8151 CRL.P No. 1067 of 2025
learned Prl. Civil Judge and JMFC Court, Bangarpet, Kolar Dist., and to acquit the petitioners."
2. Heard learned counsels for the parties and perused the material on record. For the order proposed, notice to the respondent No.2 stands dispensed with. 3. A perusal of the material on record will indicate that the respondent No.2 is the wife of the petitioner No.1, while the petitioner Nos.2 and 3 are the parents of petitioner No.1 and petitioner No.4 is the grandmother of petitioner No.1.In pursuance of the complaint dated 11.01.2023 filed by the respondent No.2 against the petitioners, which was registered as Crime No.9/2023 for the offences punishable under Sections 498A, 504, 506 and 34 of IPC, the proceedings in C.C.No.1809/2023 are pending before the trial Court. 4. In the meanwhile, matrimonial proceedings in M.C.No.170/2024 were pending between the petitioner No.1 and respondent No.2 before the Family Court in which, compromise petition dated 11.09.2024 was filed between the petitioner No.1 and respondent No.2. Clause 9 of the said compromise petition reads as under:
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NC: 2025:KHC:8151 CRL.P No. 1067 of 2025
"9. The respondent has agreed to withdraw the petition in CMC No.41/2023 and CMC No.403/2024 which is pending adjudication on the file of Hon'ble Prl. Civil Judge and JMFC at Bangarpet and shall not claim any relief in the said matters and agreed to report the compromise in the said matters. The respondent has no any objections for the petitioner to quash the criminal proceedings in CC.No.1809/2023 pending on the file of the Hon'ble Prl. Civil Judge and JMFC at Bangarpet, by filing necessary application before the Hon'ble High Court of Karnataka and if requires the respondent had agreed to appear before the Hon'ble High Court for giving consent to quash the criminal proceedings, as and when requested by the petitioner." The said compromise petition was accepted by the trial Court, which disposed of the said proceedings by passing the compromise decree dated 11.09.2024. 5.
In view of the aforesaid compromise arrived at between the petitioner No.1 and respondent No.2 vide compromise decree dated 11.09.2024 passed in M.C.No.170/2024, no useful purpose would be served by continuing the impugned proceedings, which deserve to be quashed. 6. Hence, the following:
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NC: 2025:KHC:8151 CRL.P No. 1067 of 2025
ORDER i. The petition is hereby allowed. ii. The impugned proceedings in C.C.No.1809/2023 arising out of Crime No.09/2023 pending on the file of the Principal Civil Judge and JMFC Court, Bangarpet, Kolar District qua the petitioners are quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
RB