Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 54396 (KAR)

CHIRAG v. STATE OF KARNATAKA

CRL.P/4030/2025 · 2025-09-26

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:39179 CRL.P No. 4030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 4030 OF 2025 BETWEEN: 1. CHIRAG SON OF LATE KALLEGOWDA, AGED ABOUT 36 YEARS, R/AT. KALYANNAGARA 4TH STAGE, BYPASS ROAD, CHIKMAGALURU - 577 102. 2. SMT. HEMAVATHI, W/O LATE KALLEGOWDA, AGED ABOUT 62 YEARS, R/AT. KALYANNAGARA 4TH STAGE, BYPASS ROAD, CHIKMAGALURU - 577 102. 3. SRI. NAGARAJ S. D. SON OF LATE DODDEGOWDA, AGED ABOUT 65 YEARS, R/AT. KALYANNAGARA 4TH STAGE, BYPASS ROAD, CHIKMAGALURU - 577 102 …PETITIONERS (BY SRI. LEELADHAR H.P, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHANIVARASANTHE P.S. SOMAWARPET TALUK, KODAGU DISTRICT, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39179 CRL.P No. 4030 of 2025 REPRESENTED BY SPP HIGH COURT BUILDINGS BENGALURU - 560 001. 2. SMT. HARSHITHA.J WIFE OF CHIRAG, AGED ABOUT 29 YEARS, R/AT. KERAGANAHALLI VILLAGE, KODLIPETE HOBLI SOMWARPET TALUK, KODAGU DISTRICT571236 …RESPONDENTS (BY SMT. RASHMI JADHAV, HCGP FOR R1; SRI. C.P. PUTTARAJA, HCGP FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.525/2024 WHICH IS OUT COME OF REGISTRATION OF CR.NO.97/2024 REGISTERED BY THE SHANIVARASANTHE POLICE STATION, FOR THE OFFENCE P/U/S 498A, 323, 506, 34 OF IPC AND SEC. 3, 4 OF D.P. ACT, 1961, NOW PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT SOMAWARAPETE KODAGU DISTRICT AGAINST THE PETITIONERS VIDE ANNEXURES-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the husband and in-laws seeking quashing of the proceedings pending in C.C.No.524/2024 arising out of Crime No.97/2024 for the offence punishable under sections 498(A), 323, 506, 34 of IPC and sections 3 and 4 of the Dowry Prohibition Act, 1961. - 3 - HC-KAR NC: 2025:KHC:39179 CRL.P No. 4030 of 2025 2. Today, when the matter was taken up, both parties were kept present before this Court for the purpose of recording the compromise. Respondent No.2, the de facto complainant, is present before this Court. On being specifically queried, she submits that the matter was amicably settled before the Mediation Centre, and pursuant thereto, a Memorandum of Settlement has been drawn. The said settlement has already been placed before the Family Court in M.C.No.5202/2025 for recording dissolution of marriage. In terms of the settlement, respondent No.2 has categorically stated that she intends to withdraw all allegations made against the petitioners and she has no objection to quashing of the present proceedings. 3. Recording the submission of respondent No.2, and in view of the fact that the matrimonial dispute between the parties has been substantially resolved in the pending proceedings for dissolution of marriage, this Court is satisfied that no fruitful purpose would be served by allowing the criminal prosecution to continue. Since the husband and wife have mutually agreed to part ways by securing a decree of - 4 - HC-KAR NC: 2025:KHC:39179 CRL.P No. 4030 of 2025 divorce, continuation of the present criminal proceedings would only amount to an abuse of process of law and would cause unnecessary hardship to both sides. 4. For the foregoing reasons, this Court finds it a fit case to exercise its inherent jurisdiction under Section 482 of the Code of Criminal Procedure to secure the ends of justice. ORDER i. The criminal petition is hereby allowed. ii. The proceedings pending in C.C.No.525/2024, arising out of Crime No.97/2024 registered by Shanivarasanthe police station, and pending on the file of the Senior Civil Judge And Jmfc Court Somawarapete, Kodagu District for the offence punishable u/s 498A, 323, 506, 34 OF IPC AND section 3, 4 of the Dowry Prohibition Act, 1961, in so far as the petitioners are concerned, stand quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE hdk