Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51237 CRL.P No. 1714 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.1714 OF 2025 BETWEEN:
SMT. GAYATHRI W/O M. RAGHU AGED ABOUT 44 YEARS RESIDING AT NO.65, SHIVAKRUPA 7TH MAIN ROAD, 1ST 'B' CROSS RPC LAYOUT, VIJAYANAGAR BENGALURU-560 040 …PETITIONER (BY SRI. PONNANNA M.B, ADVOCATE) AND:
MR. RAJANNA S/O PUTTAMALLAIAH AGED ABOUT 52 YEARS RESIDING AT NO.640 NEAR GOVT. SCHOOL KAMALANAGARA BANGALORE-560 079
WORKING AT SHOEMATIC INDUSTRIES LLP #125/2 (NEAR 12TH BMTC BUS DEPOT) MYSORE ROAD, KENGERI BENGALURU -570 055 PH. NO. 8694809989 …RESPONDENT (BY SMT. ANITHA H.R, ADVOCATE FOR R2;
SRI. RAHUL RAI, HCGP FOR R1)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:51237 CRL.P No. 1714 of 2025
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DTD 23.04.2007 OF COGNIZANCE IN CC.NO.11590/2007 FOR ALLEGED OFFENCES P/U/S 493,494,495 R/W 34 OF IPC, 1860 AND ALL OTHER PROCEEDINGS THERE UNDER PENDING ON THE FILE OF THE LEARNED XXIV ACJM, AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER The proceedings in C.C.No.11590/2007 pending on the file of the learned 24th Additional Chief Judicial Magistrate at Bangalore are sought to be quashed in this petition.
2. The matter arises out of a private complaint filed by the 2nd respondent herein against the petitioner and six others, wherein he has alleged that the petitioner herein has contracted second marriage when the first marriage was subsisting and other accused have abetted the said offence. Offence under Sections 493, 494 and
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HC-KAR NC: 2025:KHC:51237 CRL.P No. 1714 of 2025
495 r/w 34 of IPC were sought to be instituted against all the accused.
3. The
learned counsel for petitioner and respondent No.2 submits that subsequent to filing of the complaint, the parties have entered into a settlement in M.C.No.1564/2008 before the II Additional Principal Judge, Family Court at Bangalore, wherein, the Family Court has passed a decree of divorce dissolving the marriage.
4. A copy of the Memorandum of Settlement filed under Section 89 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is enclosed at Annexure-C. Para 5 of the said Memorandum of Settlement is extracted hereunder;
"5. Both the parties state that the petitioner herein filed a complaint against the respondent for the offence of bigamy. The said complaint has been registered in C.C.No.11590/2007 pending on the file of the V Addl. Chief Metropolitan Magistrate, Bangalore. In view of the settlement, the petitioner has nothing to prosecute the said case and as such,
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HC-KAR NC: 2025:KHC:51237 CRL.P No. 1714 of 2025
the petitioner undertakes and agrees to close/withdraw the said case as fully and finally settled. The parties further state that the respondent's Criminal Petition under Section 482 of the Code of Criminal Procedure for quashing C.C.No.11590/2007 is pending. In view of this settlement, if necessary, the petitioner agrees for quashing the said proceedings before the Hon'ble High Court, in view of this settlement."
5. The dispute is purely private in nature, wherein the de-facto complainant/respondent No.2 has entered into a settlement with the petitioner. In terms of the said settlement, the decree of divorce has been passed. Respondent No.2 has agreed to close the present case in the Memorandum of Settlement.
6. The learned counsel appearing for respondent No.2 submits that in view of the settlement, the complainant has no objection to quash the proceedings pending against all the accused. In view of the above
submissions, no purpose will be served in continuing the proceedings pending against the accused. Hence to secure
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HC-KAR NC: 2025:KHC:51237 CRL.P No. 1714 of 2025
the ends of justice it is just and proper to quash the proceedings. Accordingly, the following;
ORDER (i) The petition is allowed. (ii) The entire proceedings in C.C.No.11590/2007 pending on the file of 24th Additional Chief Judicial Magistrate, at Bangalore, is hereby quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
KLY