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2025 DAILYLAW 57114 (KAR)

MR VINAY KUMAR HONNUR v. THE STATE OF KARNATAKA

CRL.P/13519/2025 · 2025-09-26

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39180 CRL.P No. 13519 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. 13519 OF 2025 BETWEEN: 1. MR VINAY KUMAR HONNUR S/O BHIMANNA HONNUR, AGED ABOUT 36 YEARS RESIDING AT NO. 197, DODDAMANE, 8TH B MAIN ROAD, SRINIDHI LAYOUT, NTI GROUND, VIDYARANYAPURA, BANGALORE - 560 097. 2. MR. BHIMANNA HONNUR S/O HANUMANTHAPPA AGED ABOUT 80 YEARS, RESIDING AT NO. 197, DODDAMANE, 8TH B MAIN ROAD, SRINIDHI LAYOUT, NTI GROUND, VIDYARANYAPURA, BANGALORE - 560 097. 3. GEETA HONNUR W/O. MR. BHIMANNA HONNUR AGED ABOUT 67 YEARS, RESIDING AT NO. 197, DODDAMANE, 8TH B MAIN ROAD, SRINIDHI LAYOUT, NTI GROUND, VIDYARANYAPURA, BANGALORE - 560 097. …PETITIONERS (BY SRI. PRIYANKA YAVAGAL, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39180 CRL.P No. 13519 of 2025 AND: 1. THE STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, BANGALORE CITY BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SMT. SHREEVIDYA.B.T D/O THIMAPPA B.R AGED ABOUT 34 YEARS, RESIDING AT NO. 806, M.S. PALYA 3RD MAIN ROAD, VIDYARANYAPURA, BANGALORE - 560 097 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SMT. KUSUM RANGANATH, ADVOCATE 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 CC NO.37159/2022 ARISING OUT OF CR.NO.154/2022 OF VIDYARANYAPURA P.S, PENDING ON THE FILE OF THE LD.XLI ACMM COURT AT BANGALORE, U/S 323, 498A, R/W 34 OF IPC, 1860 AND SEC.3 AND 4 OF D.P ACT, 1961. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:39180 CRL.P No. 13519 of 2025 ORAL ORDER This petition is filed by the husband and in-laws seeking quashing of the proceedings pending in C.C.No.37159/2022 arising out of Crime No.154/2022 registered by Vidyaranyapura police station and pending on the file of the XLI Additional Chief Metropolitan Magistrate Court, Bangalore, for the offence punishable under sections 323, 498A read with Section 34 of IPC and sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Today, the husband, mother-in-law, father-in-law, and respondent No.2/wife are present before this Court. A joint affidavit has been filed indicating that the parties have amicably settled the dispute before the Family Court, where the marriage between the husband and wife has been dissolved. 3. Respondent No.2 is present before this Court and, on being queried, she confirms that the marriage with accused No.1/husband now stands dissolved. She further submits that, in view of the settlement before the Family Court, she intends to withdraw all allegations and has no objection to quashing the present proceedings. - 4 - HC-KAR NC: 2025:KHC:39180 CRL.P No. 13519 of 2025 4. Since the marital discord has been put to rest by dissolution of marriage and as respondent No.2 has expressly consented to quashing the proceedings, this Court finds it a fit case to exercise its inherent jurisdiction under Section 482 of Cr.P.C. Though the offence under Section 498A IPC is not ordinarily compoundable, in view of the settlement and dissolution of marriage, this Court deems it just and proper to invoke its inherent powers to secure the ends of justice and to prevent abuse of process of law. 5. Accordingly, for the foregoing reasons, the following order is passed: ORDER i. The criminal petition is hereby allowed; ii. The proceedings in C.C.No.37159/2022 arising out of Crime No.154/2022 registered by Vidyaranyapura Police Station and pending on the file of the XLI Additional Chief Metropolitan Magistrate, Bangalore, for the offences punishable under Sections 323, 498A read with Section 34 IPC and Sections 3 and 4 - 5 - HC-KAR NC: 2025:KHC:39180 CRL.P No. 13519 of 2025 of the Dowry Prohibition Act, 1961, in so far as the petitioners are concerned, stand quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 2 Sl No.: 31 CT: BHK