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2025 DAILYLAW 69741 (KAR)

SMT KAJAL ROY CHOWDHURY v. THE STATE OF KARNATAKA

CRL.P/420/2022 · 2025-07-30

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29230 CRL.P No. 420 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 420 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT KAJAL ROY CHOWDHURY WIFE OF SAMIR ROY CHOWDHURY AGED ABOUT 70 YEARS RESIDING AT ACHARI FLAT NO F -605 BUILDING NO-C 2, SAYALI GARDEN NAGRAS AUNDH PUNE CITY MAHARASTRA - 411007 2. SRI SAMIR ROY CHOWDHURY AGED ABOUT 76 YEARS RESIDING AT ACHARI FLAT NO F -605 BUILDING NO-C 2, SAYALI GARDEN NAGRAS AUNDH PUNE CITY MAHARASTRA - 411007 (DIED) AS PER THE COURT ORDER DTD: 30.07.2025 …PETITIONERS (BY SRI. VENKATESH S ARABATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PULAKESHINAGAR SUB DIVISION EAST ZONE WOMEN POLICE STATION BANGALORE - 560001 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29230 CRL.P No. 420 of 2022 2. SMT ANKITA BHATTACHARYA WIFE OF SRI SANDIP ROY CHOWDHURY AGED ABOUT 33 YEARS PRESENTLY RESIDING AT NO 324 D S MAX SPARKLE NEST, NAVAJYOTHE STREET K HENNURU, BANGALORE CITY KARNATAKA- 560043 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.MANOJ.S.N, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH AS AGAINST THE PETITIONERS THE FIR IN CR.NO.154/2021 PENDING BEFORE THE 6TH A.C.M.M BENGALURU FOR THE OFFENCES P/U/S 506,34,498A,504,323 OF IPC, 1860 AND SEC.3 AND 4 OF D.P ACT REGISTERED BY THE FIRST RESPONDENT ON A COMPLAINT FILED BY THE SECOND RESPONDENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner/Accused No.2 and respondent No.2/complainant as well as their respective learned counsel and learned HCGP are present. Accused No.1 who is husband of respondent No.2 and son of petitioner Nos.1 and 2 is also present. - 3 - HC-KAR NC: 2025:KHC:29230 CRL.P No. 420 of 2022 2. This petition is filed by accused Nos.2 and 3, under Section 482 of Cr.P.C, to quash the criminal proceedings in Crime No.154/2021, for the offences punishable under Sections 506, 498A, 504 & 323 r/w Section 34 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act. 3. A compromise petition is filed under Section 320 of Cr.P.C., supported by a joint affidavit duly singed by petitioner No.1 and respondent No.2/complainant. During the pendency of the present petition petitioner No.2/accused No.3 is died on 14.06.2024, to that effect learned counsel for the petitioners filed a memo along with death certificate. 4. The terms and conditions of settlement arrived at between the parties reads as under: "The Petitioner No.1 and Respondent No.2 jointly state and pray as follows: 1. That the Petitioners have approached this Hon'ble Court by filing the above petition seeking for the quashing of the entire proceedings and registration of FIR in CR.No.154/2021 pending before the 6th A.C.J.M Bengaluru for the offence punishable U/s - 4 - HC-KAR NC: 2025:KHC:29230 CRL.P No. 420 of 2022 506, 34, 498a, 504, 323 of IPC and sec.3 and 4 of D.P Act which came to be registered on the basis of the Complaint lodged by Respondent No.2. 2. That, the marriage between the son of the Petitioners and the Respondent No.2 was solemnized on 08.03.2021 as per Hindu rites at Kolkata and subsequently was registered on 16.06.2021 at Behala, Kolkata and out of the said wedlock there are no children. Due to the differences amongst them they started living separately from 10.07 2021 and the Respondent No.2 had lodged a complaint before the Respondent No.1/Police against the Petitioners and their son and the same came to be registered as FIR in CR.No. 154/2021 pending before the 6th A.C.J.M Bengaluru for the offence punishable U/s 506, 34, 498a, 504, 323 of IPC and sec. 3 and 4 of D.P Act. 3. That, the Petitioners thereafter approached this Hon'ble Court with the above petition and this Hon'ble Court was pleased to grant interim order of stay of further proceedings. The Petitioner No.2 died during the pendency of the above case. 4. That, subsequently on the intervention of family members and well wishers, the parties i.e.. Petitioners, Petitioners' Son and the Respondent No.2 have agreed to settle the disputes between them and accordingly have filed a mutual consent petition before the Court of V Additional Principal Judge, Family Court, Bengaluru in M.C. No. 4952/2022 and accordingly was referred to mediation and subsequently in terms of the mediation agreement dated 10.01.2023, the V Additional Family Court by an order dated 10.01.2023 has disposed of the M.C. No. 4952/2022 by dissolving the marriage between the Petitioners' Son and the Respondent No.2. 5. In view of the aforesaid agreement entered between the parties, the Parties ie., the Petitioner No. 1, her son and the Respondent No.2 pray that, this Hon'ble Court be pleased to quash the proceedings in CR.No. 154/2021 pending before the 6th A.C.J.M Bengaluru for the offence punishable U/s - 5 - HC-KAR NC: 2025:KHC:29230 CRL.P No. 420 of 2022 506, 34, 498, 504, 323 of IPC and sec.3 and 4 of D.P. Act, pending before the court of learned 6th ACMM, Bengaluru as against the Petitioners and their son. Wherefore the Petitioner No. 1 and Respondent No.2 jointly pray before this Hon'ble Court to pass orders thereby quashing the entire proceedings in Cr.No. 154/2021 registered by Respondent No. I pending before the 6th A.C.J.M Bengaluru for the offence punishable U/s 506, 34, 498a, 504, 323 of IPC and sec.3 and 4 of D.P. Act according to the agreement entered by both the parties and dispose of the case accordingly in the interest of justice. 5. Respondent No.2/complainant admits the compromise and submits that she has no objection to allow the petition and quashing the entire proceedings initiated against all the accused persons. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed by petitioners/accused Nos.2 and 3 under Section 482 of Cr.P.C, is allowed. (ii) The entire criminal proceedings in Cr.No.154/2021 of East Zone Women - 6 - HC-KAR NC: 2025:KHC:29230 CRL.P No. 420 of 2022 Police Station, pending on the file of VI 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 ASN List No.: 1 Sl No.: 4