Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35363 CRL.P No. 8920 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 8920 OF 2021 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1. JOSEPH
S/O LATE ARMUGADAS, AGED 33 YEARS,
2. ESTHERAMMA, W/O LATE ARMUGADAS, AGED ABOUT 60 YEARS,
BOTH ARE R/A.NO.109, GANDHIRAMA, NEW POTTERY TOWN, BENSON TOWN, BENGALURU 560 048.
3. MARIYAMMA, D/O.LATE ARMUGADAS, W/O YASHBABAU, AGED ABOUT 40 YEARS, R/AT NO.22, 1ST CROSS, GANDHIRAMA, NEW POTTERY TOWN, BENSON TOWN, BENGALURU 560 048.
…PETITIONERS (BY SRI. B RAMESH., ADVOCATE)
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35363 CRL.P No. 8920 of 2021
AND:
1.
STATE BY JC NAGAR POLICE BENGALURU CITY, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU-560 001.
2. SWAROOPA, W/O JOSEPH, D/O DEVARAJ, AGED 29 YEARS, R/AT NO.18, RA ROAD, 5TH CROSS, EJIPURA MAIN ROAD, VIVEKNAGAR, BENGALURU-560 047.
…RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1 SRI.M.M.MUNIREDDY, ADV. FOR R2.)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.17346/2020 ON THE FILE OF VIII ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 498A, 323, 504, 506 R/W 34 OF IPC PURSUANT TO THE COMPLAINT LODGED BY THE 2ND RESPONDENT.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
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HC-KAR NC: 2025:KHC:35363 CRL.P No. 8920 of 2021
ORAL ORDER
Sri.M.M.Munireddy, learned counsel has filed NOC vakalath for respondent No.2. 2. Petitioner Nos.1 to 3/accused Nos.1 to 3 and respondent No.2/complainant and their respective counsel are present. 3. This petition is filed by accused Nos.1 to 3 under Section 482 of Cr.P.C, to quash the entire proceedings in C.C.No.17346/2020, for the offences punishable 323, 504, 506, r/w Section 34 of I.P.C.
4. A compromise petition under Section 320 of Cr.P.C, duly signed by both petitioners and respondent No.2 and their respective counsel is filed. 5. The terms and conditions of settlement arrived at between the parties reads as under:
2. It is submitted that, at the instance of well wishers, family friends and relatives the dispute between the petitioners and respondent No.2 have been amicable resolved and both the parties had
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HC-KAR NC: 2025:KHC:35363 CRL.P No. 8920 of 2021
filed this application by settling the dispute among themselves as per the following terms and conditions: a. The 2nd respondent who is wife of 1st petitioner herein whose marriage was held on 19.09.2018 had agreed and undertaken that she would withdraw the entire allegations made against the petitioners and also withdraw the complaint lodged by her before the 1st respondent. b. The 2nd respondent had also agreed that she would not pursue or prosecute the proceedings initiated against the petitioners in CC No. 17346/2020 before the 8th Additional Chief Metropolitan Magistrate at Bengaluru pursuant to the complaint lodged by her against the petitioners in future. C. Further, 2nd respondent has also agreed and undertaken she would not make any nature of allegations against the petitioner or any other family members of the petitioners in future. d. Both 1st petitioner and 2nd respondent in terms of the settlement arrived between both the family members had agreed and undertaken that they would initiate appropriate proceedings before the competent Court for dissolution of their marriage held on 19.09.2018.
e. The 2nd respondent has also agreed and undertaken that she is not interested to lead a family
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HC-KAR NC: 2025:KHC:35363 CRL.P No. 8920 of 2021
life with the 1st petitioner and hence, 2nd respondent has agreed that she would file a petition for divorce along with the 1st petitioner and obtain a mutual divorce by dissolving their marriage and also agreed that the said proceedings shall be initiated with a period of 15 days from the date of acceptance of this compromise petition. f. Both the parties have agreed that there is no claims against each in any nature or any manner against each other in future. The 2nd respondent has also agreed that she would voluntarily appear before the competent court for obtaining mutual divorce and would not make any nature of claim against the petitioners in future. g. The 2nd respondent has agreed and undertaken that she shall jointly file a petition for divorce along with 1st petitioner and if she fail to appear and fail to initiate the said proceeding than the 1st petitioner on his own initiate the said proceeding and obtain divorce based on this compromise petition. h. The 2nd respondent had also agreed that she do not have any of her belongings in the house of petitioners and she has voluntarily taken away her belonging. i. The 2nd respondent has no objection for quashing the proceedings initiated by her against the petitioners in CC No.17346/2020 on the file of the 8th
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HC-KAR NC: 2025:KHC:35363 CRL.P No. 8920 of 2021
Additional Chief Metropolitan Magistrate at Bengaluru. 3. Both the parties have agreed that the above stated contents mentioned above is explained to them in the language known to them i.e, Telugu and after they understanding the contents of the application/joint memo have affixed their signature out of their will and wish without any coercion or force.
WHEREFORE, both the parties above named respectfully prays that this Hon'ble Court be pleased to quash the entire proceedings in CC No.17346/2020 on the file of the 8th Additional Chief Metropolitan Magistrate at Bengaluru, in the interest of justice and equity. 6. Respondent No.2/complainant admits the compromise and submits that she has no objection to allow the petition. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following:
ORDER (i) The petition filed under Section 482 of Cr.P.C is allowed.
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HC-KAR NC: 2025:KHC:35363 CRL.P No. 8920 of 2021
(ii) The entire proceedings in C.C.No.17346/2020 on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith.
Sd/- (J.M.KHAZI) JUDGE
KBM List No.: 1 Sl No.: 14