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2025 DAILYLAW 54944 (KAR)

SANTOSH v. THE STATE OF KARNATAKA

CRL.P/9114/2025 · 2025-07-14

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26064 CRL.P No. 9114 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9114 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SANTOSH S/O. RAM LAKSHAN MAHTO, AGED ABOUT 35 YEARS, 2. SHYAMA DEVI, W/O. RAM LAKSHAN MAHTO, AGED ABOUT 71 YEARS, 3. RAMLAKSHAN MAHTO, S/O. RAM PRASAD MAHTO, AGED ABOUT 78 YEARS, 4. SUNIL KUMAR S/O. RAM LAKSHAN MAHTO, AGED ABOUT 22 YEARS, 5. RAGINI D/O. RAM LAKSHAN MAHTO, AGED ABOUT 39 YEARS, 6. LALITA @ LALITA DEVI, D/O. RAM LAKSHAN MAHTO, AGED 41 YEARS, 7. SARITA D/O. RAM LAKSHAN MAHTO, AGED ABOUT 26 YEARS, 8. SEEMA W/O. RAM LAKSHAN MAHTO, AGED ABOUT 20 YEARS, ALL ARE RESIDING AT: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26064 CRL.P No. 9114 of 2025 NO. G-10, SAIKINGSDALE, CHIKKANANJUDDA REDDY LAYOUT, HORAMAVU, BENGALURU – 560 043 …PETITIONERS (BY SRI. SHIVAKUMAR S. B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY EAST WOMEN POLICE STATION, BENGALURU – 560 046. REPRESENTED BY ITS S.P.P KARNATAKA HIGH COURT BUILDINGS, HIGH COURT, BENGALURU – 560 001. 2. URVASHI, D/O. HARIOM GUPTA AGED ABOUT 31 YEARS, NO. G-10, SAIKINGSDALE, CHIKKANANJUDDA REDDY LAYOUT, HORAMAVU, BENGALURU – 560 043 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SMT. B. R. NETRAVATHI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AGAINST PETITIONERS NOs.1 TO 8/ACCUSED NOs.1 TO 8 IN CR.NO.352025 REGISTERED ON 22.03.2025 BY EAST WOMEN POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 115(2), 352, 190 OF BNS, 2023, U/S 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF LEARNED 11th ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL (NOW 11th ACJM) BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:26064 CRL.P No. 9114 of 2025 ORAL ORDER In this petition, the petitioners seek the following reliefs: “WHEREFORE, it is respectfully prayed that this Hon’ble Court may be pleased to quash the FIR against Petitioners No.1 to 8 / Accused No.1 to 8 in Crime No.35/2025 registered on 22.3.2025 by East Women Police, punishable under Sections 85, 115(2), 352, 190 of BNS 2023 R/w Sections 3 & 4 of Dowry Prohibition Act, 1961, which is pending on the file of the 11th Additional Chief Metropolitan Magistrate, Mayohall (Now 11th ACJM), Bengaluru and pass any such order as this Honourable deems fit in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned Additional State Public Prosecutor for the respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. Respondent No.2 is the wife of petitioner No.1, while petitioner Nos.2 and 3 are parents of petitioner No.1, petitioner Nos.4 to 8 are the remaining family members of petitioner No.1. There were matrimonial dispute between respondent No.2 and petitioner No.1 which culminated into M.C.No.2685/2025. Thereafter the said matrimonial dispute in M.C.No.2685/2025 ended up in Memorandum of Settlement dated 03.05.2025 before - 4 - HC-KAR NC: 2025:KHC:26064 CRL.P No. 9114 of 2025 the III Additional Principal Judge, Family Court, Bengaluru, in terms of which respondent No.2 has stated that she has no objection for the impugned proceedings to be quashed. 4. Learned counsel for respondent No.2 submits that despite having entered into an amicable settlement, petitioners have made false, frivolous and vexatious allegations in the present petition and the same may be struck off from the record of this Court. 5. Learned counsel for the petitioner submits that they would unconditionally withdraw all the allegations made against respondent No.2 including the allegations made in the present petition. 6. The aforesaid submissions are placed on record. 7. In view of the foresaid facts and circumstances and amicable settlement arrived at between the petitioners and respondent Nos., the impugned proceedings deserves to be quashed. 8. In the result, I pass the following: ORDER i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:26064 CRL.P No. 9114 of 2025 ii) The impugned criminal proceedings in Crime No.35/2025 registered by respondent No.1 – Police, pending on the file of the 11th Additional Chief Metropolitan Magistrate, Mayohall (Now-11th ACJM), Bengaluru, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 11 Sl No.: 16