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2025 DAILYLAW 68176 (KAR)

SRI SANTHOSH R v. THE STATE OF KARNATAKA BY

CRL.P/3339/2025 · 2025-09-08

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35113 CRL.P No.3339/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.3339/2025 BETWEEN: 1. SRI. SANTHOSH R AGED ABOUT 37 YEARS S/O S. RAMU. 2. SRI. RAMU S AGED ABOUT 70 YEARS S/O SAMPANGI RAMIAH. 3. SMT. AMBUJA W/O SRI. S. RAMU AGED ABOUT 60 YEARS. ALL ARE R/AT NO.305, 3RD FLOOR B1 BLOCK, BDA INDRAPRASTHA APPARTMENT, VH-5, RV NIKETHAN MYSORE ROAD, BENGALURU-560060. …PETITIONERS (BY MS. PRIYANKA G, ADV.,) AND: 1. THE STATE OF KARNATAKA BY KENGERI POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU. 2. SMT. SUDHA P.P. D/O SRI. PUTTARAJU Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35113 CRL.P No.3339/2025 AGED ABOUT 55 YEARS R/@ NO.150, PALYA, ALURU TALUK HASSAN, KARNATAKA. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1/STATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO CALL FOR RECORDS IN CC NO.2769/2024 PENDING ON THE FILE OF 6TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY AT BENGALURU. QUASH THE CHARGESHEET AND ENTIRE PROCEEDING FILED BY RESPONDENTS IN CC NO.2769/2024 PENDING ON THE FILE OF 6TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY AT BENGALURU AND PASS SUCH OTHER ORDERS IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by husband and in-laws seeking quashing of the proceedings pending in C.C.No.2769/2024 for the offence punishable under Sections 506, 498A, 504 and 323 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Today, a joint affidavit is placed on record, duly signed by the first petitioner-husband, his family members (in- laws), and the second respondent-wife. In the said affidavit, it is unequivocally stated that the marriage between the first - 3 - HC-KAR NC: 2025:KHC:35113 CRL.P No.3339/2025 petitioner and the second respondent has already been dissolved by mutual consent before the competent Family Court. It is further stated that subsequent to the dissolution of marriage, the second respondent has entered into a fresh marriage and is presently leading her matrimonial life with her second husband. At paragraph No.4 of the joint affidavit, the second respondent has also disclosed that she is expecting a child from her second husband. 3. The second respondent-complainant is personally present before this Court and acknowledges the factum of dissolution of marriage with the first petitioner. She also affirms before this Court that she has remarried and is leading a settled life. In view of the amicable settlement arrived at between the parties and on a specific query made by this Court, the second respondent has reiterated her willingness to put an end to the present criminal proceedings and has no objection if the same are quashed. 4. This Court is conscious of the fact that the offence punishable under Section 498-A of the IPC is not compoundable. However, having regard to the peculiar facts - 4 - HC-KAR NC: 2025:KHC:35113 CRL.P No.3339/2025 and circumstances of the present case, namely, that the matrimonial relationship between the parties has already come to an end by way of a of divorce, that the second respondent has since remarried and is now expecting a child from her second husband, and that she has expressed her desire not to pursue the criminal case any further, this Court is of the considered opinion that the continuation of the proceedings would amount to abuse of process of law. In order to secure the ends of justice, this Court finds it just and appropriate to exercise its inherent jurisdiction under Section 482 of Cr.P.C. to give a quietus to the dispute. 5. Recording the presence of the second respondent- complainant and her statement undertaking to withdraw all allegations made against the petitioners, the proceedings in C.C. No.2769/2024 are hereby quashed. Accordingly, the criminal petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ST List No.: 1 Sl No.: 33