Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8361 CRL.P No. 6588 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 6588 OF 2022 BETWEEN:
1.
MR. RAHUL SOMANNA, G.U., S/O. LATE G.S UTHAPPA, AGED ABOUT 34 YEARS,
2.
MRS. LEELA PONNAMMA, W/O G.S UTHAPPA, AGED ABOUT 59 YEARS,
3.
MR. AJAY AYYAPPA, S/O G.S UTHAPPA, AGED ABOUT 31 YEARS,
4.
MR. KARUN KARYAPPA G, S/O G.S UTHAPPA, AGED ABOUT 26 YEARS,
ALL PETITIONERS ARE ALSO RESIDING AT NO.528, 2ND CROSS, APPA AMMA, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BENGALURU - 560 098 (AS SHOWN IN FIR) …PETITIONERS (BY SRI. GAURAV G.K., ADVOCATE) AND:
1.
STATE OF KARNATAKA THROUGH THE RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA
Digitally signed by SWAPNA V Location: high court of karnataka
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NC: 2025:KHC:8361 CRL.P No. 6588 of 2022
BENGALURU - 560 001
2.
MRS. PAVITHRA CHANGAPPA, W/O. RAHUL SOMANNA, AGED ABOUT 30 YEARS, RESIDING AT NO.528, 2ND CROSS, APPA AMMA, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BENGALURU - 560 098.
PRESENTLY R/AT. NO. 144, 2ND FLOOR, 2ND MAIN, 1ST CROSS, VHBCS LAYOUT, SHANKARMUTT, BENGALURU - 560 086 …RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1 SRI. BALASUBRAMANYA .B.N., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASHING THE FIR REGISTERED IN CR.NO.168/2022 OF RAJARAJESHWARI NAGAR POLICE STATION, FOR THE ALLEGED OFFENCE P/U/S.3 AND 4 OF DP ACT 1961 AND SEC.498-A, 323, 504, 506, 34 OF IPC AGAINST THE PETITIONER ARRAYED AS ACCUSED NO.1 TO 4.
THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
Learned counsel for the petitioners and respondent No.2 submit in unison that the parties have settled their dispute amicably.
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NC: 2025:KHC:8361 CRL.P No. 6588 of 2022
2. Petitioner - accused No.1 and respondent No.2 are present before the Court along with their counsel. The parties are identified by their respective counsel.
3.
Learned counsel for the petitioners has filed IA No.1 of 2025 under Section 320 of Cr.PC, seeking permission of the Court to compound the offences. The offences alleged against accused Nos.1 to 4 being the petitioners herein are punishable under Sections 498A, 323, 504 and 506 read with Section 34 of Indian Penal Code ( for short 'the IPC') and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short 'the DP Act'). The application reads as under:
"The Petitioner submits as follows:
1. The Respondent No. 2 is the de-facto complainant FIR registered in Crime No. Crime No. 0168/2022 of Rajarajeshwari Nagar Police Station, Bengaluru for the alleged offences punishable under Section 3 & 4 of Dowry Prohibition Act, 1961 and Section 498 (A), 323, 504, 506 & 34 of IPC. The Petitioner has filed the above petition being aggrieved by the said proceedings. 2. The Petitioner No. 1 submits that several other proceedings were initiated arising out of the matrimonial differences between the Petitioner and the Respondent No. 2. The Petitioner submits that on the advice of
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NC: 2025:KHC:8361 CRL.P No. 6588 of 2022
parents and well wishers, the Petitioner and the Respondent No. 2 have decided to withdraw all litigations pending between them in several Courts of law as per the agreed terms of settlement. 3. The Petitioner submits that the Respondent No. 2 does not have any objections to this Application being allowed by this Hon'ble Court as is forthcoming in the affidavit filed by the Respondent No. 2. 4. The Petitioner and the Respondent No.2 have out of their own free will, volition and consent without any coercion or any other influence, decided to join each other and lead a matrimonial life and therefore, this application is filed. 5. The Petitioner submits that the offences charged in the impugned proceedings are compoundable by this Hon'ble Court. Wherefore, it is prayed that this Hon'ble Court may be pleased to compound the offences charged against the Petitioner in FIR registered in Crime No. Bengaluru Crime No. 0168/2022 of Rajarajeshwari Nagar Police Station, Bengaluru, for the alleged A offences punishable under Section 3 & 4 of Dowry Prohibition Act, 1961 and Section 498 (A), 323, 504, 506 & 34 of IPC., in the interest of justice."
4.
Respondent No.2, who is present before the Court personally filed the affidavit while admitting the compromise
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NC: 2025:KHC:8361 CRL.P No. 6588 of 2022
entered into between the parties and seeking compounding of the offence. The affidavit reads as under:
"I, Pavithra Changappa, D/o. Madhu Changappa/o. Pramod Nafaria, D/o. Sri. Rajkumar, Aged about 32 years, presently residing at No. 144, 2nd Floor, 2nd Main, 1st Cross, VHBCS Layout, Shankarmutt, Bengaluru 560086, do hereby state and affirm as follow:
1. I am the de-facto complainant in FIR registered in Crime No. Crime No. 0168/2022 of Rajarajeshwari Nagar Police Station, for the alleged offences punishable under Section 3 & 4 of Dowry Prohibition Act, 1961 and Section 498 (A), 323, 504, 506 & 34 of IPC. Aggrieved by the same, the above petition is filed. 2. I do not have any objections to the Application filed by the Petitioner under Section 320 of CrPC being allowed by this Hon'ble Court. I do not have any objections if the above Petition is allowed and this Hon'ble Court passes orders quashing FIR registered in Crime No. Crime No. 0168/2022 of Rajarajeshwari Nagar Police Station, for the alleged offences punishable under Section 3 & 4 of Dowry Prohibition Act, 1961 and Section 498 (4), 323, 504, 506 & 34 of IPC. The offences charged against the petitioner are compoundable by this Hon'ble Court. 3. I have out of my own free will, volition and consent without any coercion or any other influence, have agreed to compound the offences charged against the Petitioner in FIR registered in Crime No. Crime No.
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NC: 2025:KHC:8361 CRL.P No. 6588 of 2022
0168/2022 of Rajarajeshwari Nagar Police Station, for the alleged offences punishable under Section 3 & 4 of Dowry Prohibition Act, 1961 and Section 498 (A), 323, 504, 506 & 34 of IPC, as the Petitioner and I have agreed to settle.
Wherefore, it is prayed that this Hon'ble Court may be pleased to compound the offences charged against the Petitioner in FIR registered in Crime No. Crime No. 0168/2022 of Rajarajeshwari Nagar Police Station, for the alleged offences punishable under Section 3 & 4 of Dowry Prohibition Act, 1961 and Section 498 (A), 323, 504, 506 & 34 of IPC, all proceedings pursuant to the same may be quashed, in the interest of justice."
5. Petitioner No.1 and respondent No.2 admit terms of the application as well as the affidavit and respondent No.2 specifically states that, she has no objection to allow the petition and to quash the criminal proceedings initiated against the petitioners. 6. In view of the compromise, IA No.1 of 2025 filed under Section 320 read with Section 482 of Cr.PC is allowed. Permission is accorded to compound the offences. - 7 -
NC: 2025:KHC:8361 CRL.P No. 6588 of 2022
7. In view of the above, the criminal proceedings initiated against the petitioners is liable to be quashed. Accordingly, I proceed to pass the following:
ORDER (i) The petition is allowed. (ii) The criminal proceedings initiated in Crime No.168/2022 of Rajarajeshwari Nagar Police Station, registered for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of IPC and Sections 3 and 4 of DP Act, is hereby quashed against the petitioners. In view of disposal of the main petition, pending IA No.1 of 2024 stands disposed of.
Sd/- (M G UMA) JUDGE
SPV List No.: 1 Sl No.: 18