Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34861 CRL.P No. 8238 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 8238 OF 2025
BETWEEN:
1.
NATH KAKANI S/O RATHNAM KAKANI, AGED ABOUT 38 YEARS, R/AT NO. 364, 2ND 'A' MAIN, 7TH B CROSS, MUTHYALANAGAR, GOKUL EXTENSION, MATHIKERE, BANGALORE - 560 054.
2.
RATHNAM KAKANI S/O OBAIAH KAKANI, AGED ABOUT 77 YEARS, R/AT 364, 2ND A MAIN , 7TH B CROSS, MUTHYALANAGAR, GOKUL EXTENSION, MATHIKERE, BANGALORE-560054.
3. RAMANAMMA W/O RATHNAM KAKANI, AGED ABOUT 68 YEARS, R/AT 364, 2ND A MAIN, 7TH B CROSS, MUTHYALANAGAR, GOKUL EXTENSION, MATHIKERE, BANGALORE 560054. …PETITIONERS (BY SMT. KUSUMA M., ADVOCATE)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34861 CRL.P No. 8238 of 2025
AND:
1.
STATE OF KARNATAKA STATION HOUSE OFFICER, JALAHALLI TOWN POLICE STATION, JALAHALLI, BANGALORE.
2.
UMA MAHESHWARI S D/O S. CHANDRASHEKAR, AGED ABOUT 38 YEARS, R/AT NO.1199, SRINIVASA NILAYA, 1ST MAIN ROAD, 2ND BLOCK, BEL LAYOUT, VIDYARANYAPRUA, BANGALURU-560097. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;
SMT. SAMEEKSHA T R., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7077/2020 RESULTING OUT OF CR.NO.3/2020 FOR OFFENCE P/U/S 498(A), 323, 504, 506 R/W 34 OF IPC PENDING IN THE COURT OF 49TH A.C.M.M NRUPATUNGA ROAD, BENGALURU CITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER Today a joint compromise petition is filed under Section 320 of CrPC.
2. Respondent No.2/defacto complainant is present before this Court. On being specifically queried,
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HC-KAR NC: 2025:KHC:34861 CRL.P No. 8238 of 2025
she acknowledges the settlement recorded in M.C. No.2961/2020. She further affirms that the marriage between herself and petitioner No.1 has since been dissolved and, in terms of the compromise, a sum of Rs.2,00,000/- was paid to her during the course of the matrimonial proceedings in M.C. No.2961/2020. In view of the said amicable settlement, respondent No.2 has voluntarily withdrawn all allegations made in the complaint and has no objection for quashing of the criminal proceedings pending in C.C. No.7077/2020.
3. It is also placed on record that petitioner No.1 was required to pay the balance settlement amount of Rs.1,00,000/- to respondent No.2. The said amount has been duly transferred in open Court today through Google Pay to respondent No.2, who has acknowledged receipt of the same.
4. Having regard to the above
facts and circumstances, this Court is satisfied that the dispute
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HC-KAR NC: 2025:KHC:34861 CRL.P No. 8238 of 2025
between the parties, which essentially arose out of matrimonial discord, has been amicably settled once and for all. Though the offence punishable under Section 498A of IPC is not compoundable under Section 320 Cr.P.C., the Hon’ble Apex Court has time and again recognized that in cases arising out of matrimonial disputes, the High Court, in exercise of its inherent powers under Section 482 of Cr.P.C., can quash the proceedings to secure the ends of justice and to give a quietus to the dispute.
5. Accordingly, taking note of the settlement and the statement made by respondent No.2/complainant, this petition deserves to be allowed.
6. Hence, this Court proceeds to pass the following:
ORDER (i) The petition is hereby allowed. (ii) The proceedings in C.C. No.7077/2020 pending on the file of the 49th Additional Chief
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HC-KAR NC: 2025:KHC:34861 CRL.P No. 8238 of 2025
Metropolitan Magistrate, Nrupathunga Road, Bengaluru City, are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 3 Sl No.: 2