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2025 DAILYLAW 51256 (KAR)

MR HARUSHOTHAMA S C v. THE STATE OF KARNATAKA

CRL.P/5443/2023 · 2025-09-16

J M Khazi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36964 CRL.P No. 5443 of 2023 C/W CRL.P No. 4352 of 2023 CRL.P No. 4463 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 5443 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 4352 OF 2023 CRIMINAL PETITION NO. 4463 OF 2023 IN CRL.P No. 5443/2023 BETWEEN: MR HARUSHOTHAMA S C S/O MR.M.CHANNEGOWDA, AGED ABOUT 38 YEARS, R/AT NO.22185, BUILDING 2, TOWER-2, PRESTIGE JINDAL CITY, BANGALORE-560076. &PETITIONER (BY SRI. TULSI KUMAR B.N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MADANAYAKANAHALLY POLICE STATION, NELAMANGALA SUB DIVISION, BENGALURU DISTRICT-562162 REP SPP, HIGH COURT BUILDING COMPLEX, AMBEDKAR VEEDHI, BENGALORE-01. 2. MRS SHILPA HARUSHOTHAMA WIFE OF MR HARUSHOTHAMA, AGED ABOUT 36 YEARS, R/AT NO.22185, BUILDING 2, TOWER 2, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36964 CRL.P No. 5443 of 2023 C/W CRL.P No. 4352 of 2023 CRL.P No. 4463 of 2023 PRESTIGE JINDAL CITY, BANGALORE-560076. &RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; SRI.K.S.MOHITH KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS PETITION AND TO QUASH THE FIR IN CR.NO.258/2023 BY MADANAYAKANAHALLI POLICE STATION AGAINST THE PETITIONER U/S 498A, 323, 504, 506, 114 R/W 34 OF IPC (ANNEXURE-A) BEFORE THE ADDITIONAL CIVIL JUDGE (JR.) AND JMFC COURT, NELAMANGALA AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HONBLE COURT DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. IN CRL.P NO. 4352/2023 BETWEEN: 1. MR M CHANNEGOWDA S/O LATE MALAVEGOWDA, AGED ABOUT 68 YEARS 2. SMT. PUTTATHAYAMMA WIFE OF SRI.CHANNEGOWDA AGED ABOUT 58 YEARS 1 & 2 ARE R/AT S.M.DODDI, HALAVARA VILLAGE, SOSALI HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT 3. SMT. SUMATHI W/O SRI.KRISHNE GOWDA, AGED ABOUT 45 YEARS - 3 - HC-KAR NC: 2025:KHC:36964 CRL.P No. 5443 of 2023 C/W CRL.P No. 4352 of 2023 CRL.P No. 4463 of 2023 4. MS SHRUTHI K. D/O SRI KRISHNE GOWDA, AGED ABOUT 34 YEARS, 3 & 4 ARE R/AT UTTARAHALLI, BANGALORE CITY. ...PETITIONERS (BY SRI. TULSI KUMAR B.N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION, NELAMANGALA SUB DIVISION, BENGALURU DISTRICT-562162 REP. BY THE STATION HOUSE OFFICER, HIGH COURT BULDING COMPLEX, AMBEDKAR VEEDHI, BENGALURU - 560001 2. SMT.SHILPA HARUSHOTHAMA, W/O SRI.HARUSHOTHAMA, AGED ABOUT 36 YEARS, NO.22185, BUILDING, TAWAR-2, PRESTIGE JINDAL, CITY, BANGALORE BANGALORE CITY-560076. PRESENT ADDRESS: NO.199, 5TH CROSS, BEHIND GANGA BAR, KARIM SAB LAYOUT, HEGGANAHALLI, BENGALURU-91 ...RESPONDENTS (BY SRI.B.LAKHSMAN, HCGP FOR R1; SRI.VASANTHAPPA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.258/2023 REGISTERED BY MADANAYAKANAHALLI P.S., AGAINST THE PETITIONERS - 4 - HC-KAR NC: 2025:KHC:36964 CRL.P No. 5443 of 2023 C/W CRL.P No. 4352 of 2023 CRL.P No. 4463 of 2023 UNDER SEC.498(A),323,504,506,114 R/W 34 OF IPC (ANNEXURE-A) BEFORE THE ADDL.CIVIL JUDGE (JR) AND J.M.F.C COURT, NELAMANGALA. IN CRL.P NO. 4463/2023 BETWEEN: MS. A. RITHU D/O MR R ANANTHARAMAN, AGED ABOUT 23 YEARS, R/AT NO 04, 1ST MAIN, 1ST CROSS, GANAPATHI NAGAR, LAGGERE, BENGALURU NORTH, BANGALORE 560058 ...PETITIONER (BY SRI. TULSI KUMAR B.N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MADANAYAKANAHALLY POLICE STATION, NELAMANGALA SUB DIVISION BENGALURU DISTRICT-562162 REP BY THE STATION HOUSE OFFICER, REP BY SPP, HIGH COURT BUILDING COMPLEX, AMBEDKAR VEEDI, BANGALORE-01. 2. MRS SHILPA HARUSHOTHAMA W/O MR HARUSHOTHAMA AGED ABOUT 36 YEARS, NO.22185, BUILDING, TAWAR-2, PRESTIGE JINDAL, CITY, BANGALORE PRESENT ADDRESS: NO.199, 5TH CROSS, BEHIND GANGA BAR, KARIM SAB LAYOUT, HEGGANAHALLI, BENGALURU-91 ...RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; - 5 - HC-KAR NC: 2025:KHC:36964 CRL.P No. 5443 of 2023 C/W CRL.P No. 4352 of 2023 CRL.P No. 4463 of 2023 SRI.K.S.MOHITH KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.258/2023 REGISTERED BY MADANAYAKANAHALLI POLICE STATION AGAINST THE PETITIONERS U/S 498A, 323, 504, 506, 114 R/W 34 OF IPC (ANNEXURE A) BEFORE THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, NELAMANGALA AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HONBLE COURT DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner/Accused No.1 and respondent No.2/complainant as well as their respective learned counsel are present. 2. Since these petitions are arising out of same crime number, the petitions are clubbed together and disposed off by a common order. 3. These petitions are filed by accused Nos.1 to 6 under Section 482 of Cr.P.C, to quash the criminal proceedings in Crime No.258/2023 of Madanayakanahalli - 6 - HC-KAR NC: 2025:KHC:36964 CRL.P No. 5443 of 2023 C/W CRL.P No. 4352 of 2023 CRL.P No. 4463 of 2023 Police Station, Bengaluru district, for the offences punishable 498A, 323, 504, 506, 114 r/w Section 34 of I.P.C. 3. I.A.No.1/2025 is filed in Crl.P.No.5443/2023 in the form of compromise petition under Section 320 r/w 482 of Cr.P.C., supported by joint affidavit duly signed by accused No.1 and respondent No.2/complainant. 4. Joint affidavit filed by accused No.1 and respondent No.2/complainant reads as under: " JOINT AFFIDAVIT FILED BY PETITIONER & RESPONDENT NO. 2 We, 1). Mr. Harushothama S.C,. S/o. Mr. M. Channegowda, aged about 40 years, & Mrs. Shilpa Harushothama, D/o Kempegowda Aged about 38 years, residing at No.22185, Building No.2, Tower No.2, Prestige Jindal City, Bengaluru-560076 and at No.199, 5th Cross Karemsab Layout, Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. The 1st party herein is the petitioner in the above case and the 2nd party herein is the Complaint/Respondent No.2, and we are aware of the facts and circumstances of the case. 2. We state that, during the pendency of criminal proceedings against the 1% Party, due to the intervention of the elders and well-wishers, we have decided to enter a compromise by way of mutual and oral understanding between us before this Hon'ble court. - 7 - HC-KAR NC: 2025:KHC:36964 CRL.P No. 5443 of 2023 C/W CRL.P No. 4352 of 2023 CRL.P No. 4463 of 2023 3. That, the 2nd Party has no objection for quashing of the criminal case in Crime No.258/2023 pending on the file of the Additional Civil Judge (Jr.) and JMFC Court, Nelamangala, against the petitioners in Crl. Pets. No.5443/2023, No.4352/ 2023 and 4463/2023 for the alleged offences punishable under sections 498(A), 323, 504, 506, 114 read with 34 IPC, as per their mutual and oral understanding between them. 4. The Respondent No.2 further state that there is no coercion or compulsion on her to compound the offence, as she is filing the accompanying application and this affidavit on her own freewill and volition and has agreed to compound the case. 5. In the circumstances stated above, we most respectfully pray that, this Hon'ble Court may be pleased to allow the accompanying application and quash the entire proceedings in Crime No.258/2023 pending on the file of the Additional Civil Judge (Jr.) the and JMFC Court, Nelamangala, against petitioners in all these three criminal petitions for the alleged offences punishable under sections 498(A), 323, 504, 506, 114 read with 34 IPC, in the interest of justice and equity. 6. We do hereby solemnly affirm and state on oath that the contents of this affidavit are true and correct to the best of our knowledge, information and belief. This is our true name and signature". 5. Respondent No.2/complainant admit the compromise and submits that she has no objection to allow the petitions. Accordingly, I.A.No.1/2025 is allowed, consequently, the following; - 8 - HC-KAR NC: 2025:KHC:36964 CRL.P No. 5443 of 2023 C/W CRL.P No. 4352 of 2023 CRL.P No. 4463 of 2023 ORDER (i) The petitions filed by petitioners/accused Nos.1 to 6 under Section 482 Cr.P.C, are allowed. (ii) The entire criminal proceedings in Crime No.258/2023 of Madanayakanahalli Police Station, Bengaluru, for the offences punishable 498A, 323, 504, 506, 114 r/w Section 34 of I.P.C is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. In view of the disposal of petitions, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 4