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2025 DAILYLAW 54724 (KAR)

SRI RAGULADHASAN KALIMUTHU v. STATE BY EAST ZONE WOMEN POLICE STATION

CRL.P/13394/2025 · 2025-09-19

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37825 CRL.P No. 13394 of 2025 C/W CRL.P No. 5701 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13394 OF 2025 C/W CRIMINAL PETITION NO. 5701 OF 2025 IN CRL.P NO.13394/2025 BETWEEN: SRI. RAGULADHASAN KALIMUTHU S/O KALIMUTHU, AGED ABOUT 38 YEARS, RESIDING AT NO.19/01, PATHINETTAMPADI NAGR, ALAGAPPAPURAM, SIVAGANGA, TAMIL NADU -630003A-4. …PETITIONER (BY SRI. SATHIES KUMAR S., ADVOCATE) AND: 1. STATE BY EAST ZONE WOMEN POLICE STATION, PULAKESHI NAGAR SUB DIVISION, (REPRESENTED BY SPP) HIGH COULD BUILDING, BANGALORE-560001. 2. MRS. PRATHIBA MURUGESAN, W/O RAGULADHASAN KALIMUTHU, AGED ABOUT 37 YEARS, RESIDING AT NO- G 11, GNR PLATINUM FORT, HORAMAVU AGARA MAIN ROAD, BABUSAPALYA, BENGALURU, KARNATAKA-560043. …RESPONDENTS (BY SRI. ANOOP KUMAR M N., HCGP FOR R1; SMT. PRATHIBA MURUGASEN, ADVOCATE FOR R2) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37825 CRL.P No. 13394 of 2025 C/W CRL.P No. 5701 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) PRAYING TO QUASH THE FIR AGAINST THE PETITIONER ARISING OUT OF FIR NO.29/2025 REGISTERED AT THE EAST WOMEN P.S., FOR THE OFFENCES P/U/S 85, 115(2), 352, 351(2), 3(5) OF BNS, 2023, U/S 3 AND 4 OF D.P ACT, 1961, PENDING ON THE FILE OF XI ACMM, MAYO HALL, BANGALORE. IN CRL.P NO. 5701/2025 BETWEEN: 1. USHADEVI K, AGED ABOUD 41 YEARS, W/O KANNAN, R/O NO 7 F4, 15TH AVENUE, BANU NAGAR, PUTHUR, ABMATTUR, TIRUVALLUR, TAMIL NADU - 600053. 2. KANNAN M AGED ABOUT 19 YEARS, S/O MUTHU, R/O NO 7 F4, 15TH AVENUE, BANU NAGAR, PUTHUR, ABMATTUR, TIRUVALLUR, TAMIL NADU-600053. 3. KALIMUTHU KARUPPAN. AGED ABOUT 73 YEARS, S/O KARUPPAN, 19/01, PATHINETTAMPADI NAGAR, ALAGAPPAPURAM, SIVAGANGA DISTRICT, TAMIL NADU-630003. - 3 - HC-KAR NC: 2025:KHC:37825 CRL.P No. 13394 of 2025 C/W CRL.P No. 5701 of 2025 4. KALIYAMMAL KALIMUTHU. AGED ABOUT 62 YEARS, W/O KALIMUTHU 19/01, PATHINETTAMPADI NAGAR, ALAGAPPAPURAM, SIVAGANGA DISTRICT, TAMIL NADU-630003. …PETITIONERS (BY SRI. MOHAMMED SHAKEEB M MULLA, ADVOCATE) AND: 1. STATE BY EAST WOMEN POLICE STATION PULAKESHI NAGAR SUB DIVISION, (REPRESENTED BY SPP) HIGH COURT BUILDING, BANGALORE - 560001. 2. SMT. PRATIBHA MURUGESAN. ARED ABOUT 37 YEARS, NO- G 11, GNR PLATINUM FORT, HORAMAVU AGARA MAIN ROA, BABUSAPALYA, BANGALURU, KARNTAKA-560043. …RESPONDENTS (BY SRI. M N ANOOP KUMAR, HCGP FOR R1; SMT. PRATHIBA MURUGASEN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AGAINST THE PETITIONER ARISING OUT OF FIR NO.0029/2025, REGISTERED AT THE EAST WOMEN POLICE STATION, FOR OFFENCES P/U/S 85, 115(2), 352, 351(2), 3(5) OF BNS, 2023 AND SEC. 3 AND 4 OF - 4 - HC-KAR NC: 2025:KHC:37825 CRL.P No. 13394 of 2025 C/W CRL.P No. 5701 of 2025 D.P. ACT, 1961 AND ON THE FILE OF XI ADDL. CMM, MAY HALL, BANGALORE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Today, joint affidavits have been filed by accused No.1 (husband), his family members, and respondent No.2 (wife/complainant) in both these petitions. Respondent No.2 is also present before this Court. The joint affidavits disclose that the dispute between the parties has been amicably resolved before the Mediation Centre, Bengaluru, on 10.09.2025. As per the terms of settlement, the property which was jointly standing in the names of the husband and respondent No.2 has been released in favour of respondent No.2 by execution of a duly registered release deed. 2. Respondent No.2/complainant, who is present before this Court, confirms the factum of settlement. She categorically states that, in terms of the compromise, - 5 - HC-KAR NC: 2025:KHC:37825 CRL.P No. 13394 of 2025 C/W CRL.P No. 5701 of 2025 the residential house which was jointly owned is now exclusively transferred in her name. She further admits that the original registered document pertaining to the said property has also been handed over to her. Having thus received her lawful share in terms of settlement, she expresses that she has no subsisting grievance against the petitioners and requests this Court to quash the criminal proceedings so that the dispute is brought to a permanent quietus. 3. Learned counsel appearing for both sides submit that, as part of the settlement, the spouses have agreed to dissolve their marriage by mutual consent and that on the next date of hearing in the matrimonial case, they will jointly place their consent for dissolution before the competent Court. 4. Taking into account the joint affidavits filed by the parties, the statement of respondent No.2 recorded before this Court, and the fact that the dispute between the parties is essentially matrimonial in nature and has now been settled amicably, this Court finds that no useful purpose would be served by allowing continuation of the criminal proceedings. Accordingly, this Court deems it just and proper to exercise its - 6 - HC-KAR NC: 2025:KHC:37825 CRL.P No. 13394 of 2025 C/W CRL.P No. 5701 of 2025 inherent powers to secure the ends of justice and thereby quash the proceedings in Crime No.0029/2025 registered at East Women Police Station, Pulikeshi Nagar Sub-Division, on 13.03.2025 for the offences punishable under Sections 85, 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 5. In view of the above, this Court proceeds to pass the following: ORDER (i) Criminal Petition No.5701/2025 filed by the parents, sister and brother-in-law of accused No.1/husband of complainant and Criminal Petition No.13394/2025 filed by accused No.1/husband are allowed. (ii) The proceedings pending in Crime No.0029/2025, registered at East Women Police Station, Pulikeshi Nagar Sub-Division, Bengaluru, on 13.03.2025 for the offences punishable under Sections 85, 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 - 7 - HC-KAR NC: 2025:KHC:37825 CRL.P No. 13394 of 2025 C/W CRL.P No. 5701 of 2025 of the Dowry Prohibition Act, 1961, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 4 Sl No.: 2