Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36988 WP No. 16971 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 16971 OF 2024 (GM-RES)
BETWEEN:
1.
SRI. S. LOHIT S/O. K. S. SOMESHWAR REDDY, AGED ABOUT 37 YEARS, NO.01, 2ND CROSS, 6TH BLOCK, OPP. IBP PETROL BUNK OF 80 FEET ROAD, KORAMANGALA, VI BK, BENGALURU CITY, KARNATAKA-560 095.
2.
SMT. S. HEMALATHA W/O.SOMESHWAR REDDY, AGED ABOUT 52 YEARS, NO.01, 2ND CROSS, 6TH BLOCK, OPP. IBP PETROL BUNK OF 80 FEET ROAD, KORAMANGALA, VI BK, BENGALURU CITY, KARNATAKA-560 095.
…PETITIONERS
(BY SRI. SANDEEP C.T., ADVOCATE)
Digitally signed by AL BHAGYA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36988 WP No. 16971 of 2024
AND:
1.
STATE OF KARNATAKA BY SOUTH EAST, MADIVALA SUB-DIVISION (SD), BENGALURU CITY, REP STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2.
SMT. MADHUMITHA W/O. LOHIT. S, AGED ABOUT 32 YEARS, NO.01, 2ND CROSS, 6TH BLOCK, OPP COCO (IBP), PETROL BUNK, KORAMANGALA, BENGALURU CITY, KARNATAKA-560 095.
…RESPONDENTS
(BY SRI. M.R.PATIL, HCGP FOR R1;
SRI. H V SUBRAMANYA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT DTD.
12.06.2024 IN CRIME NO. 47/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504, 34 OF IPC-1860 AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961 SOUTH EAST WOMEN POLICE STATION, MADIVALA SUB- DIVISION, BENGALURU CITY VIDE ANNX-A AND B OF THE WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:36988 WP No. 16971 of 2024
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned petition is filed by the husband and mother-in-law of respondent No.2/complainant seeking quashing of the proceedings pending in Crime No.47/2024 for the offences punishable under Sections 498A, 323, 504, 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. Today, a joint memo has been filed by the petitioners and respondent No.2. Along with the joint memo, the decree passed in M.C.No.4606/2025 and the memorandum of settlement recorded by the Mediation Centre have also been produced.
3. Perusal of the memorandum of settlement reveals that the marriage between petitioner No.1 and respondent No.2 has been dissolved, and the terms of settlement are detailed in paragraphs 4 to 6. In compliance with the condition stipulated in paragraph 6, respondent No.2 has, today, returned her wedding valuables, as listed therein, which have been duly acknowledged by petitioner No.1. Reciprocally, petitioner No.1
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HC-KAR NC: 2025:KHC:36988 WP No. 16971 of 2024
has also returned the gold ornaments specified in paragraph 7 in open Court. Respondent No.2 has verified the items delivered in open Court and has confirmed that the gold ornaments belonging to her have been returned.
4. In view of the amicable settlement and the dissolution of marriage, respondent No.2/complainant has no objection to the quashing of the proceedings pending in Crime No.47/2024. Considering that the parties have voluntarily exchanged their respective gold ornaments, this Court is satisfied that it is appropriate to exercise its jurisdiction under Section 482 of the Cr.P.C. to quash the proceedings. Though the offence under Section 498A IPC is non-compoundable, the circumstances of the present case justify such exercise of jurisdiction.
5. Accordingly, this Court proceeds to pass the following:
ORDER (i) The petition is allowed;
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HC-KAR NC: 2025:KHC:36988 WP No. 16971 of 2024
(ii) The proceedings in Crime No.47/2024, registered by the respondent/Police for offences punishable under Sections 498A, 323, 504, 34 of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, insofar as they relate to the petitioners, are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 4 Sl No.: 1