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2025 DAILYLAW 57589 (KAR)

SRI H G RAMACHANDRA @ SRINIDHI v. THE STATE BY C S PURA POLICE

CRL.P/5085/2025 · 2025-08-19

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32376 CRL.P No. 5085 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 5085 OF 2025 BETWEEN: SRI. H. G RAMACHANDRA @ SRINIDHI, S/O SRI GOVINDARAJU, AGED ABOUT 27 YEARS, RESIDING AT TIRUMALA P G, OPP. TO HINDUSTAN AVIATION ACADEMY, KALAMANDIR BACK SIDE, MARATHAHALLI, BENGALURU - 560 037. ALSO R/AT NO.199/A, HINDISIGERE VILLAGE, GUBBI TALUK, TUMKUR DISTRICT - 572 213. …PETITIONER (BY SRI. NARAYANA, ADVOCATE) AND: 1. THE STATE BY C S PURA POLICE GUBBI TALUK, TUMAKURU DISTIRCT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT, BENGALURU - 560 001. 2. SMT. G K SHILPA W/O H. G. RAMACHANDRA @ SRINIDHI, D/O SRI KRISHNA MURTHY, AGED ABOUT 24 YEARS, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32376 CRL.P No. 5085 of 2025 R/O 2ND MAIN ROAD, BILLEPALYA ROAD, GOSALA NAGAR, GUBBI TOWN, TUMKURU - 572 216. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1; SRI. RAVI M C., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET FILED BY 1st RESPONDENT AGAINST THE PETITIONER P/U/S 352, 85 OF BNS 2023, U/S 3 AND 4 OF D.P ACT, BY ALLOWING THIS PETITION IN C.C.NO.429/2025 (CRIME NO.119/2024), PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, GUBBI, TUMAKURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, 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 challenging the proceedings pending in CC No. 429/2025 for the offence punishable under Sections 85, 352 read with Sections 3 and 4 of Dowry Prohibition Act,1961. 2. Today, respondent No.2/complainant is present before this Court. On being specifically queried, she has acknowledged that both she and her husband have mutually agreed to dissolve their marriage. It is further - 3 - HC-KAR NC: 2025:KHC:32376 CRL.P No. 5085 of 2025 stated that a petition under Section 13(B) of the Hindu Marriage Act, 1955, is already pending consideration before the Family Court, and the matter is scheduled to be settled on 23.08.2025. The terms of settlement are reduced into writing and are recorded at paragraphs 5 to 7 of the joint memo. 3. In light of the anticipated settlement before the Family Court, respondent No.2/wife has categorically stated that she has no objection for quashing of the criminal proceedings pending in C.C.No.429/2025. 4. Though an application is filed under Section 320(6) of the Code of Criminal Procedure, seeking compounding of the offences, it is well settled that the offence punishable under Section 498A of the IPC is non- compoundable. However, bearing in mind that the parties have amicably resolved their matrimonial disputes, have gracefully decided to part ways, and are in the process of obtaining a decree of divorce by mutual consent under - 4 - HC-KAR NC: 2025:KHC:32376 CRL.P No. 5085 of 2025 Section 13(B) of the Hindu Marriage Act, this Court is of the considered view that continuance of the criminal proceedings would serve no fruitful purpose. Since respondent No.2 herself has expressed her willingness to bring the proceedings to an end, this Court, in exercise of its inherent jurisdiction under Section 482 Cr.P.C., deems it just and proper to quash the proceedings in order to secure the ends of justice and to prevent abuse of process of law. 5. Accordingly, in view of the settlement arrived at between the parties, the petition is allowed. The proceedings pending in C.C.No.429/2025, on the file of the Civil Judge & JMFC, Gubbi, Tumkur District, for the offences punishable under Sections 352 and 85 of the Bharatiya Nyaya Sanhita, 2023, and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 3 Sl No.: 1