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2025 DAILYLAW 57436 (KAR)

PRASHANTH KUMAR v. STATE OF KARNATAKA

CRL.P/2147/2025 · 2025-09-16

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36751 CRL.P No. 2147 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 2147 OF 2025 BETWEEN: PRASHANTH KUMAR S/O.LATE RAMAPPA, AGED ABOUT 44 YEARS, NO.4, BUCHAPPA LAYOUT, SUBBAIAHNAPALYA, BENGALURU. …PETITIONER (BY SRI. GIRISH N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASWADI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE- 560 001. 2. SMT. S.USHA D/O. M.SRINIVAS, AGED ABOUT 34 YEARS, RESIDING AT NO.29, 2ND MAIN, 2ND CROSS, SRINIDHI LAYOUT, CHUNCHUNGHATTA, KONANKUNTE CROSS, BENGALURU-560062. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1; SRI. PREMNATH T N., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONER IN C.C NO.51526/2016 FOR THE OFFENCE P/U/S 498A R/W 34 OF IPC 3 AND 4 D.P ACT Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36751 CRL.P No. 2147 of 2025 INITIATED BY THE 1ST RESPONDENT POLICE PENDING ON THE FILE OF THE 11TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the petitioner–husband seeking quashing of the proceedings pending in C.C. No.51526/2016, registered for the offences punishable under Section 498A read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 on the file of the 11th Additional Chief Judicial Magistrate, Bengaluru. 2. Today, an affidavit has been filed by respondent No.2–Complainant, who is also present before this Court. The complainant has sworn the affidavit and, upon being queried regarding the existence of any settlement acknowledges that an amicable settlement has been arrived at in the matrimonial proceedings before the Karnataka Mediation Centre, wherein a Memorandum - 3 - HC-KAR NC: 2025:KHC:36751 CRL.P No. 2147 of 2025 of Settlement was duly recorded. As per the terms of the Memorandum of Settlement, the marriage between the petitioner and Respondent No.2 has been dissolved, and the petitioner–husband was required to pay an amount of Rs.27,50,000/- under Clause-C, in addition to other amounts specified in the remaining clauses. 3. The complainant further acknowledges that an amount of Rs.27,50,000/- has today been transferred to her account by way of RTGS. She also confirms that, in total, she has received a sum of Rs.75,00,000/- towards full and final settlement of all claims. In view of this amicable settlement, and notwithstanding the fact that the offence under Section 498A IPC is non-compoundable, this Court is of the considered view that, since the husband and wife have voluntarily and mutually resolved their marital discord and disputes, to prevent abuse of the process of law, the criminal proceedings are liable to be quashed. - 4 - HC-KAR NC: 2025:KHC:36751 CRL.P No. 2147 of 2025 4. The complainant has also expressly consented to the quashing of the proceedings, and taking into account the averments made in her affidavit together with the terms of the settlement produced on record, the proceedings are liable to be quashed insofar as the present petitioner is concerned. 5. Accordingly, the Court passes the following order: ORDER (i) The petition is allowed. (ii) The proceedings pending in C.C.No.51526/2016 on the file of the 11th Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Section 498A read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are hereby quashed insofar as the present petitioner is concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 24