- 1 - HC-KAR NC: 2025:KHC:24575 CRL.P No. 6874 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6874 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: R. CHETHAN ALIAS SUNIL, S/O. RAJEGOWDA AGED ABOUT 33 YEARS, RESIDING AT VIDYANAGAR, CHANNARAYAPATNA TOWN, HASSAN DISTRICT. …PETITIONER (BY SRI. MANJUNATHA B. V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, KAMAKSHIPALYA POLICE STATION BENGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BENGALURU – 560 001. 2. SMT. NISHA, W/O. CHETHAN @ SUNIL AGED ABOUT 22 YEARS, RESIDING AT NO.190/3, 2ND CROSS, BAIRAVESHWARANAGAR, SUNKADAKATTE, BENGALURU – 560 091. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 R2 NOTICE IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND QUASH Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24575 CRL.P No. 6874 of 2025 THE ENTIRE PROCEEDINGS IN C.C.NO.27029/2022 (ARISING OUT OF CRIME NO.343/2021) OF KAMAKSHIPALYA POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 498- A OF IPC AND SEC.3 AND 4 OF DP ACT PENDING ON THE FILE OF THE HON’BLE XXXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. 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, petitioner seeks for the following reliefs:- “Wherefore, the Petitioner prays that this Hon’ble Court be pleased to allow the Petition and quash the entire proceedings in C.C.No.27029/2022( arising out of Crime No.343/2021) of Kamakshipalya Police Station for the alleged offence punishable under Section 498A of IPC and Section 3 and 4 of Dowry Prohibition Act pending on the file of Hon’ble XXXIX Additional Chief Metropolitan Magistrate at Bengaluru City, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent and perused the material on record. For the order proposed, notice to 2nd respondent is dispensed with. 3. A perusal of the material on record will indicate that respondent No.2-complainant filed a complaint before respondent No.1 police in Crime No.343/2021, which culminated in C.C.No.27029/2022 before the Trial Court for offences punishable - 3 - HC-KAR NC: 2025:KHC:24575 CRL.P No. 6874 of 2025 under Section 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act. Further, the matrimonial dispute filed by respondent No.2 against the petitioner-husband in M.C.No.3348/2023, ended up in settlement, wherein both parties settled the matrimonial dispute with mutual consent and further agreed to co-operate for quashing of C.C.No.27029/2022 pending before the Trial Court. The relevant portion of the said Memorandum of Settlement dated 26.03.2025 filed before the Family Court reads as under: “ 8. In view of the settlement the respondent has agreed to withdraw/quash/ close the following cases as per the prevailing law of the land, they are: a) The respondent has filed Crl.Misc. No.573/2022 against the petitioner u/s 125 of Cr.P.C. for maintenance which is pending before the IV Addl.Family Court, Bengaluru. b) The respondent has filed C.C.No.27029/2022 against the petitioner under section 498(A) of IPC and Section 3 & 4 of D.P.Act against the petitioner which is pending before the 24th ACMM, Bengaluru.” 4. In view of the aforesaid facts and circumstances and the fact that the petitioner-accused and respondent No.2- complainant have settled the matrimonial dispute and also agreed - 4 - HC-KAR NC: 2025:KHC:24575 CRL.P No. 6874 of 2025 to co-operate for quashing the criminal proceedings in C.C.No.27029/2022 pending before the Trial Court, continuation of criminal proceedings against the petitioner would amount to an abuse of process of law and the same deserves to be quashed. 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned criminal proceedings in C.C.No.27029/2022 (arising out of Crime No.343/2021 registered by respondent No.1-Police), offences punishable under Section 498-A of IPC and Sections 3 and 4 of the D.P.Act, pending on the file of XXXIX ACMM, Bengaluru, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 5 Sl No.: 7