- 1 - NC: 2025:KHC:8098 CRL.P NO.2044 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.2044 OF 2025 BETWEEN: SRI. CHIDANAND C.P., S/O C.B. PRAKASH, AGED ABOUT 36 YEARS, OCC: SOFTWARE ENGINEER IN GERMANY, PERMANENTLY R/AT: MANJUNATHA NILAYA, 3RD MAIN CROSS, SAMPIGE ROAD, GOKULA EXTENSION, BADDIHALLY, TUMAKURU - 572 101. …PETITIONER (BY SRI. PRAVEEN KUMAR K.S., ADVOCATE) AND: 1. THE STATE BY WOMEN POLICE, TUMAKURU, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MEGHANA D.S. D/O RAVIKANTH S.S. GOWDA, AGED ABOUT 30 YEARS, OCC: SOFTWARE ENGINEER, R/O ARUN PACTICS APARTMENTS, KENCHENHALLI, YALAHANKA, BENGALURU - 560 063. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SMT. ANN MARY TOMY, ADVOCATE FOR R2) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8098 CRL.P NO.2044 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE CODE (U/S 528 OF BNSS), PRAYING TO SET-ASIDE THE ORDER DATED 13.09.2023 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, TUMAKURU IN C.C. NO.475/2023 THEREBY TAKING THE COGNIZANCE OF OFFENCES PUNISHABLE UNDER SECTIONS 498A OF THE INDIAN PENAL CODE AND SECTION 3 OF THE DOWRY PROHIBITION ACT AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS THEREON INSOFAR AS IT RELATES TO THE PRESENT PETITIONER HEREIN WHO IS ARRAYED AS ACCUSED NO.1. 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 petitioner seeks following relief: "(a) Call for the entire records; (b) Set-aside the order dated 13.09.2023 passed by Hon'ble II Addl. Senior Civil Judge ad J.M.F.C. Court, Tumakuru in C.C.No.475/2023 thereby taking the cognizance of offences punishable under section 498-A of IPC and Section 3 of D.P. Act and consequently quash the entire proceedings thereon insofar as it relates to the present petitioner herein who is arrayed as Accused No.1; and (c) Pass such other order/s as this Hon'ble Court deems fit under the circumstances of the case, in the interest of justice and equity." - 3 - NC: 2025:KHC:8098 CRL.P NO.2044 of 2025 2. Heard learned counsel for the petitioner; learned Additional State Public Prosecutor for the respondent No.1 and learned counsel for the respondent No.2. 3. A perusal of the material on record will indicate that the petitioner is the husband of the respondent No.2, between whom the compromise was entered into in M.C. No.895/2023 whereby, both the petitioner and the respondent No.1 agreed that the impugned proceeding in C.C. No.475/2023 pending on the file of the II Additional Senior Civil Judge ad JMFC., Tumakuru would be quashed. In addition thereto, the respondent No.2 filed affidavit before this Court, which reads as under: "AFFIDAVIT I, Mrs. Meghana Dharmappa Shobha, D/o Ravikanth S.S. Gowda, aged about 32 years residing at C-106, Arun Patrios Apartment, Eshwara Temple Road, Kenchenahalli, Bengaluru-560064 do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the Respondent No.2 in the above matter and I am well acquainted with the facts of the case. 2. The Petitioner and I were formerly husband and wife. I had instituted proceedings seeking dissolution of marriage before the Hon'ble IV - 4 - NC: 2025:KHC:8098 CRL.P NO.2044 of 2025 Additional Family Court in M.C. No.895/2023. Additionally, I had also initiated proceedings under domestic violence Act bearing Crl. Misc. No.94/2023 before the Hon'ble VI MMTC. 3. I submit that the dispute between the Petitioner and me was amicably resolved through mediation on 18.02.2025. In light of the said settlement, both the Petitioner and I mutually agreed to withdraw all pending cases filed against each other. Therefore, it is most humbly prayed that the Hon'ble Court be pleased to quash and treat as withdrawn C.C.No.475/2023 pending before the II ADDL. Senior Civil Judge and JMFC., Tumkuru. I submit that in the light of the abovementioned, I hereby most humbly request that this Hon'ble Court may be pleased to consider the same in the interest of justice and equity." 4. In view of the settlement entered into between the petitioner-accused and the respondent No.2 as stated in the affidavit filed by the respondent No.2-complainant, I pass the following: O R D E R (1) The Criminal Petition is allowed; - 5 - NC: 2025:KHC:8098 CRL.P NO.2044 of 2025 (2) Order dated 13.09.2023 passed by the II Additional Senior Civil Judge and JMFC., Tumakuru in C.C. No.475/2023, taking cognizance of offences punishable under Section 498A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act against the petitioner- accused No.1 is set-aside, consequently, the entire proceedings thereon qua the petitioner- accused No.1 are hereby quashed. Sd/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 50