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2025 DAILYLAW 53228 (KAR)

NANDYALA DELEEP S/O NANDYALA SUBRAMANYAM v. THE STATE OF KARNATAKA

CRL.P/102202/2023 · 2025-04-22

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:6728 CRL.P No. 102202 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.102202 OF 2023 BETWEEN: 1. NANDYALA DELEEP S/O. NANDYALA SUBRAMANYAM, OCC: SOFTWARE ENGINEER AT USA, AGE: 32 YEARS, DOOR NO. 36/323-96-6 VENKATESHWARA COLONY, KADAPA, ANDRA PRADESH – 516 001, PRESENTLY RESIDING AT ST. LOIUS, MO, USA. 2. NANDYALA SUBRAMANAYAM S/O. NANDYALA NARASIMHULU, OCC: RETRD TEACHER, AGE: 61 YEARS, DOOR NO.36/323-96-6 VENKATESHWARA COLONY, KADAPA, ANDRA PRADESH – 516 001, PRESENTLY RESIDING AT CALIFORNIA, USA. 3. NANDYALA PADAMAVATHI W/O. NANDYALA SUBRAMANYAM, OCC: HOUSE WIFE, AGE: 54 YEARS, DOOR NO. 36/323-96-6 VENKATESHWARA COLONY, KADAPA, ANDRA PRADESH – 516 001, PRESENTLY RESIDING AT CALIFORNIA, USA. …PETITIONERS (BY SRI. C. V. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6728 CRL.P No. 102202 of 2023 HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH SIRUGUPPA POLICE STATION, BALLARI DISTRICT. 2. SMT. SUSHMITHA TIRUPATHI W/O. NANDYALA DELEEP, AGE: 29 YEARS, OCC: SOFTWARE ENGINEER, PRESENTLY RESIDING AT NO.1088 212/62, 2ND CROSS, 2ND MAIN ROAD, ANJENAYAYASWAMI TEMPLE, KAMLANAGAR, BENGALURU – 560 072. PERMANENT ADDRESS: T.G.SRINIVAS 9TH WARD, NEAR LAKSHMI VENTEKSHWAR KALAYAN MANTAP, SIRUGUPPA TOWN, BELLARY DISTRICT PIN CODE 583 121. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. ANWAR BASHA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE COMPLIANT DATED 23.05.2023(ANNEXURE-A) AND THE FIRST INFORMATION REPORT REGISTERED IN CR NO. 0097/2023 DATED 23.05.2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT 1961 AND SECTION 498A READ WITH 34 OF IPC 1860 AND ALL FURTHER PROCEEDINGS IN CRIME NO. 97/2023 BEFORE THE SIRUGUPPA POLICE STATION, SIRUGUPPA OF BELLARY DISTRICT AGAINST THE PETITIONERS i.e., ACCUSED NO. 1, 2 AND 3. AND TO QUASH TE FINAL REPORT/CHARGESHEET LAID BY THE RESPONDENT NO.1 IN CC NO 1634/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC SIRAGUPPA AND ALL FURTHER PROCEEDINGS FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 498A OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT 1961 AGAINST PETITIONERS I.E. ACCUSED NO. 1, 2 AND 3 IN THE ENDS OF EQUITY AND JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - NC: 2025:KHC-D:6728 CRL.P No. 102202 of 2023 ORAL ORDER This petition is filed by petitioners-accused Nos.1 to 3 under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.1634/2023 pending on the file of the Civil Judge and JMFC, Siraguppa, registered for the offences punishable under Sections 498A r/w 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. On the complaint of respondent No.2, a case came to be registered against the petitioners and another in C.C.No.1634/2023 pending on the file of the Civil Judge and JMFC, Siraguppa Crime No.97/2023 of Siraguppa P.S. for the aforesaid offences. The police after investigation filed a chargesheet against the petitioners for the aforesaid offences. Based on the said chargesheet, a case came to be registered against the petitioners in C.C.No.1634/2023 for the said offences and it is pending on the file of Civil Judge and JMFC, Siraguppa. The proceedings of the said case are sought to be quashed. - 4 - NC: 2025:KHC-D:6728 CRL.P No. 102202 of 2023 3. Petitioners No.1 to 3 and respondent No.2 are present. Application under Section 359 of BNSS r/w Section 320 of Cr.P.C. is filed and it is signed by petitioners and respondent No.2 and their respective counsels. Respondent No.2 who is present before this Court submits that the matter is settled between her and the petitioners and she has no objection for quashing the proceedings against the petitioners in C.C.No.1634/2023 pending on the file of the Civil Judge and JMFC, Siraguppa. She further submits that there is no force or undue influence on her for entering into compromise. 4. Considering the said compromise between the parties, the proceedings against the petitioners in C.C.No.1634/2023 pending on the file of the Civil Judge and JMFC, Siraguppa are quashed. Accordingly, petition is disposed off. SD/- (SHIVASHANKAR AMARANNAVAR) JUDGE VMB CT-ASC List No.: 1 Sl No.: 40