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2025 DAILYLAW 67727 (KAR)

SRI RAKESH PALADI v. THE STATE OF KARNATAKA

CRL.P/178/2025 · 2025-10-30

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43492 CRL.P No. 178 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 178 OF 2025 BETWEEN: SRI. RAKESH PALADI SON OF LATE KRISHNAMURTHY PALADI, AGED ABOUT 36 YEARS, RESIDENT OF VILLA NO.53, MANASAROVAR VILLAS, PHASE-II, KANAJIGUDA, DAIRY FARM ROAD, TIRUMALGHERRY, SECUNDRABAD-500 115, ANDHRA PRADESH. …PETITIONER (BY SRI. PRASANNA KUMAR NAYAKA S.H., ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT. MEGHA DAUGHTER OF T.S. SIDDARAMAYYA, AGED ABOUT 50 YEARS, RESIDENT OF NO.287/6-1, 4TH CROSS, BMP LAYOUT, CHANDRA LAYOUT, BANGALORE-560 040. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43492 CRL.P No. 178 of 2025 (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. SOMNATH H.S., ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) CALL FOR RECORDS IN C.C.NO.27228/2022 ON THE FILE OF THE 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU; (B) QUASH THE ENTIRE CHARGE SHEET IN C.C.NO. 27228/2022 (CRIME NO.83/2022) FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 504, 506 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT VIDE ANNEXURE C WHICH IS PENDING BEFORE THE 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU LODGED BY 2ND RESPONDENT AGAINST THE PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the entire chargesheet in C.C.No.27228/2022 registered for the offence punishable under Section 498A, 504, 506 of IPC and Section 3 and 4 of the Dowry Prohibition Act, now pending on the file of the Court of 37th Additional Chief Metropolitan Magistrate at Bengaluru. - 3 - HC-KAR NC: 2025:KHC:43492 CRL.P No. 178 of 2025 2. Learned counsel for petitioner submits that now the case is transferred and pending before the 24th Additional Chief Metropolitan Magistrate at Bengaluru. 3. Respondent No.2 is the defacto complainant who set the law in motion and on her complaint, a case in Crime No.83/2022 was registered at Basavanagudi Police Station, which culminated in filing of chargesheet against the petitioner. 4. An application is filed under Section 482 of Cr.P.C., for compounding the offence. 5. It is submitted that respondent No.2 has filed M.C.No.972/2025 seeking divorce against the petitioner, before the 1ST Additional Principal Family Court at Bengaluru. The said case was referred to Mediation and on 30.10.2025, pursuant to the memorandum of settlement filed by the parties, matter has been settled. It is further stated that petitioner has agreed to pay a sum of Rs.25,00,000/- to respondent No.2 in full and final - 4 - HC-KAR NC: 2025:KHC:43492 CRL.P No. 178 of 2025 settlement of all claims, out of which 20,00,000/- was already paid and balance of Rs.5,00,000/- is being paid today. 6. The petitioner and respondent No.2 are present before the Court. They submit that the matter has been settled. Respondent No.2 submits that in view of the settlement, she is not interested in proceeding against the petitioner in the criminal case pending before the trial Court. She submitted that she has no objection to quash the trial proceedings. 7. A DD No.033501 for a sum of Rs.5,00,000/- drawn in the name of respondent No.2 towards full and final settlement of all claims, has been handed over to respondent No.2 who has acknowledged the same. 8. The Hon'ble Supreme Court in the case of JITENDRA RAGHUVANSHI AND OTHERS vs. BABITA RAGHUVANSHI AND ANOTHER reported in 2013 (2) Crimes 90 (SC) has held that, the inherent - 5 - HC-KAR NC: 2025:KHC:43492 CRL.P No. 178 of 2025 powers of the High Court under Section 482 of Criminal Procedure Code are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non- compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR. 9. Matter arises out a matrimonial dispute, wherein the parties have settled the dispute among themselves. In view of the same, no useful purpose is likely to be served by continuing the proceedings pending against the petitioner. Hence, to meet the ends of justice, it is just and proper to quash the proceedings. Accordingly, the following: ORDER Application is allowed. - 6 - HC-KAR NC: 2025:KHC:43492 CRL.P No. 178 of 2025 Criminal Petition is allowed. The entire proceedings now pending against the petitioner on the file of the 24th Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.27228/2022 stands quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 2 Sl No.: 1