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2025 DAILYLAW 54123 (KAR)

AVINASH N v. THE STATE OF KARNATAKA

CRL.P/11381/2025 · 2025-08-05

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30657 CRL.P No. 11381 of 2025 C/W CRL.P No. 584 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11381 OF 2025 C/W CRIMINAL PETITION NO. 584 OF 2023 IN CRL.P No. 11381/2025 BETWEEN: 1. AVINASH .N AGED ABOUT 38 YEARS S/O NARAYANASHETTY R/AT NO.3296 21/A MAIN 2ND STAGE VIJAYANAGARA MYSURU-570 017. …PETITIONER (BY SRI. PRABHUGOUDA B. TUMBIGI,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAMANAGARA WOMEN POLICE STATION RAMANAGARA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560001. 2. SMT. NALINA .K AGED ABOUT 27 YEARS W/O AVINASH R/O RAJARAO ROAD J.P. EXTENSION Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30657 CRL.P No. 11381 of 2025 C/W CRL.P No. 584 of 2023 KANAKAPURA TOWN RAMANAGARA DISTRICT-562 117. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. T.G. SURESH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.944/2020 REGISTERED BY RAMANAGARA WOMEN POLICE STATION RAMANAGARA/1sT RESPONDENT FOR THE OFFENCE P/US/ 498-A OF IPC AND SEC.3 AND 4 OF DP ACT, NOW PENDING ON THE FILE OS THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, KANAKAPURA RAMANAGARA DISTRICT. IN CRL.P NO. 584/2023 BETWEEN: 1. SMT. VASANTHA AGED ABOUT 57 YEARS W/O NARAYANASHETTY 2. NARAYANASETTY AGED ABOUT 69 YEARS S/O LATE PUTTAPPA BOTH ARE RESIDING AT NO. 3296, 21/A MAIN ROAD 2ND STAGE, VIJAYANAGARA MYSURU CITY-570017. 3. SMT. PALLAVI AGED ABOUT 39 YEARS W/O SHIVAKUMAR 4. SHIVAKUMAR AGED ABOUT 52 YEARS S/O LATE SANJEEVAIAH - 3 - HC-KAR NC: 2025:KHC:30657 CRL.P No. 11381 of 2025 C/W CRL.P No. 584 of 2023 BOTH ARE RESIDING AT NO. 94, 4TH MAIN, PIPE LINE ROAD BHAHUBALI NAGARA, JALAHALLI BENGALURU-560013. ...PETITIONERS (BY SRI. PRABHUGOUDA B. TUMBIGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAMANAGARA WOMEN POLICE STATION RAMANAGARA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560001. 2. SMT. NALINA .K AGED ABOUT 27 YEARS W/O AVINASH R/O RAJARAO ROAD, J P EXTENSION KANAKAPURA TOWN RAMANAGAA DISTRICT-562117. ...RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. NAGENDRA .T, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.944/2020 REGISTERED BY RAMANAGARA WOMEN P.S., RAMANAGARA/1ST RESPONDENT FOR THE OFFENCE P/U/S 498(A) OF IPC AND SEC.3 AND 4 OF D.P. ACT NOW PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND J.M.F.C COURT, KANAKAPURA, RAMANAGARA DISTRICT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 4 - HC-KAR NC: 2025:KHC:30657 CRL.P No. 11381 of 2025 C/W CRL.P No. 584 of 2023 ORAL ORDER The captioned petitions are filed by the husband and in-laws seeking quashing of the proceedings in C.C.No.944/2020 registered by the respondent/Police for the offences punishable under Sections 498(A) of IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the Principal Civil Judge (Jr.Dn.) & JMFC Court, Kanakapura, Ramangara District. 2. An application is filed under Section 320 read with 482 of Cr.P.C. along with an accompanying joint affidavit filed by husband and wife. 3. Respondent No.2/complainant is present before this Court and has been duly identified by her learned counsel on record. Upon a specific query by the Court, she has categorically stated that she has voluntarily decided to give a quietus to the matrimonial and family dispute between herself and petitioner in - 5 - HC-KAR NC: 2025:KHC:30657 CRL.P No. 11381 of 2025 C/W CRL.P No. 584 of 2023 Crl.P.No.11381/2025 (her husband), as well as the other petitioners in Crl.P.No.584/2023, who are his family members. 4. Respondent No.2 further admits that, under the terms of the settlement arrived at between the parties, she has already received a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only). She has also acknowledged that the balance settlement amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) is agreed to be paid to her upon disposal of these petitions. She has specifically stated that the settlement has been entered into out of her own free will, without any coercion or undue influence, and that she has no objection to quashing the proceedings pending against the petitioners. 5. This Court notes that the dispute is purely matrimonial in nature, arising from differences between husband and wife, and that the complainant herself has sought to put an end to the criminal prosecution in view of - 6 - HC-KAR NC: 2025:KHC:30657 CRL.P No. 11381 of 2025 C/W CRL.P No. 584 of 2023 the amicable settlement. In such circumstances, and having regard to the principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab1 and Narinder Singh v. State of Punjab2, continuation of the criminal proceedings would serve no useful purpose and would only prolong the bitterness between the parties. 6. Accordingly, this Court finds it to be a fit case to permit the parties to compound the offences and to quash the proceedings, in exercise of the powers conferred under Section 320 of the Code of Criminal Procedure, 1973, read with Section 482 thereof, to secure the ends of justice. Accordingly, the application filed in I.A.No.1/2025 under Section 320 read with Section 482 of Cr.P.C. is allowed. 7. Consequently, the petitions are allowed. The proceedings in C.C.No.944/2020 arising out of Crime 1 (2012) 10 SCC 303 2 (2014) 6 SCC 466 - 7 - HC-KAR NC: 2025:KHC:30657 CRL.P No. 11381 of 2025 C/W CRL.P No. 584 of 2023 No.24/2020 registered by the Ramanagara Women Police Station, and now pending on the file of the Principal Civil Judge (Jr. Dn.) & JMFC Court, Kanakapura, Ramanagara District, for the offence punishable under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, insofar as they relate to the present petitioners, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 11