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2025 DAILYLAW 71737 (KAR)

SRI. SIDDARAJU N S v. STATE OF KARNATAKA BY

CRL.P/3426/2025 · 2025-07-31

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29730 CRL.P No. 3426 of 2025 C/W CRL.P No. 2643 of 2025 CRL.P No. 5799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 3426 OF 2025 C/W CRIMINAL PETITION NO. 2643 OF 2025 CRIMINAL PETITION NO. 5799 OF 2025 IN CRL.P No. 3426/2025 BETWEEN: 1. SRI. SIDDARAJU N S S/O LATE N. R. SIDDAIAH, AGED ABOUT 63 YEARS, 2. SMT. C. P. LAKSHMI W/O SIDDARAJU N S., AGED ABOUT 58 YEARS, BOTH ARE RESIDING AT: R/AT NO.03, 15TH MAIN ROAD, J C NAGAR, MAHALAKSHMIPURAM, BANGLAORE - 560 086. …PETITIONERS (BY SRI. GOPALA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NORTH WOMEN POLICE STATION, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29730 CRL.P No. 3426 of 2025 C/W CRL.P No. 2643 of 2025 CRL.P No. 5799 of 2025 BANGALORE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. SWATHI. G W/O SHIVASHANKAR B.S. AGED ABOUT 28 YEARS, R/A NO.25, 5TH CROSS, 17TH MAIN, SWATHANTHRAYODARANAGARA, NEAR MANJUSHREE CHOULTRY, NANDINI LAYOUT, BANGALORE CITY - 560 058. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. M.R. BALAKRISHNA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.7/2025 DATED 16.01.2025 REGISTERED BY THE RESPONDENT NO.1 NORTH WOMEN P.S., BANGALORE, FOR THE OFFENCES P/U/S 85, 351(2), 352, 3(5) OF BNS, 2023, U/S 3 AND 4 OF DP ACT, PENDING ON THE FILE OF 32nd ACMM COURT, AT BENGALURU CITY, AGAINST THE PETITIONERS IS CONCERNED. IN CRL.P NO. 2643/2025 BETWEEN: 1. SRI. KUSUMA S W/O SANTHOSH MAHADEV, AGED ABOUT 33 YEARS (NAME OF PETITIONER WRONGLY MENTIONED AS SMT. KAVYA IN THE FIR AS A4) 2. SRI. SANTHOSH MAHADEVU S/O MAHADEVU, AGED ABOUT 38 YEARS, - 3 - HC-KAR NC: 2025:KHC:29730 CRL.P No. 3426 of 2025 C/W CRL.P No. 2643 of 2025 CRL.P No. 5799 of 2025 BOTH ARE RESIDING AT: NO.99, 13TH 'A' CROSS, 6TH A MAIN ROAD, NEAR RV ENGLISH SCHOOL, J.C. NAGAR, KURUBARAHALLI, BANGALORE - 560 086. 3. SRI. KUMAR @ C.P. MURALI KUMAR S/O LATE C.M. PUTTASWAMY, AGED ABOUT 48 YEARS, R/A NO.489, PUROHITH STREET, M.G.RD, NEAR DOOM LIGHT CIRCLE, CHANNAPATNA - 562 160. 4. SRI. RAMESH. R S/O LATE RAMANNA SHETTY, AGED ABOUT 47 YEARS, R/A NO.21, 5TH MAIN, 4TH CROSS, BHOVI COLONY, BASAVESHWARNAGAR, BENGALURU - 560 079. ...PETITIONERS (BY SRI. GOPALA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NORTH WOMEN POLICE STATION, BANGALORE. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. SWATHI. G W/O SHIVASHANKAR B.S. AGED ABOUT 28 YEARS, - 4 - HC-KAR NC: 2025:KHC:29730 CRL.P No. 3426 of 2025 C/W CRL.P No. 2643 of 2025 CRL.P No. 5799 of 2025 R/A NO. 25, 5TH CROSS, 17TH MAIN, SWATHANTHRAYODARANAGARA, MANJUSHREE CHOULTRY, NANDINI LAYOUT, BANGALORE CITY - 560 058. ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. M.R. BALAKRISHNA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.07/2025 DATED 16.01.2025 REGISTERED BY THE RESPONDENT NO.1 NORTH WOMEN POLICE STATION, BANGLORE FOR THE OFFENCE PUNISHABLE U/S. 85, 351(2), 352, 3(5) OF BHARATHIYA NYAYA SANHITA-2023 AND SEC.3 AND 4 OF D.P ACT, PENDING ON THE 32ND ACMM AT BENGALURU, AGAINST THE PETITIONERS. IN CRL.P NO. 5799/2025 BETWEEN: SRI. SHIVASHANKAR B S S/O SIDDARAJU N.S., AGED ABOUT 31 YEARS, R/A AT NO.03, 14TH CROSS ROAD, 15TH MAIN ROAD, J.C. NAGAR, MAHALAKSHMILAYOUT, BANGALORE - 560 086. ...PETITIONER (BY SRI. GOPALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY NORTH WOMEN POLICE STATION, BANGALORE. - 5 - HC-KAR NC: 2025:KHC:29730 CRL.P No. 3426 of 2025 C/W CRL.P No. 2643 of 2025 CRL.P No. 5799 of 2025 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. SWATHI. G W/O SHIVASHANKAR B.S. AGED ABOUT 28 YEARS, R/A NO.25, 5TH CROSS, 17TH MAIN, SWATHANTHRAYODARANAGARA, NEAR MANJUSHREE CHOULTRY, NANDINI LAYOUT, BANGALORE CITY - 560 058. ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. M.R.BALAKRISHNA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.07/2025 DATED 16.01.2025 REGISTERED BY THE RESPONDENT NO.1 NORTH WOMEN POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S 85, 351(2), 352, 3(5) OF BNS, 2023 AND SEC.3 AND 4 OF D.P. ACT, PENDING ON THE FILE OF 32ND ADDL. CMM COURT AT BENGALURU CITY, SO FAR AGAINST THE PETITIONER IS CONCERNED. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:29730 CRL.P No. 3426 of 2025 C/W CRL.P No. 2643 of 2025 CRL.P No. 5799 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER These three petitions are filed by the husband, his parents, and his sister-in-law seeking quashing of the FIR registered in Crime No.7/2025 at the instance of respondent No.2/defacto complainant, presently pending before the North Women's Police Station, Malleshwaram Sub-Division, Bengaluru City. The offences alleged are punishable under Sections 85, 351(2), 352(3) and (5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. 2. Today, a joint application has been filed under Section 482 of the Cr.P.C., duly signed by all the petitioners and respondent No.2. It is stated therein that the dispute between the parties arose out of a matrimonial discord, pursuant to which respondent No.2 lodged the present complaint alleging acts of cruelty and demand for dowry. However, the parties have amicably resolved their differences, and respondent No.2-defacto complainant has agreed to give a quietus to the entire dispute upon receipt of permanent - 7 - HC-KAR NC: 2025:KHC:29730 CRL.P No. 3426 of 2025 C/W CRL.P No. 2643 of 2025 CRL.P No. 5799 of 2025 alimony, which has been paid by way of demand draft handed over in open Court. Further, as per the terms of settlement, petitioner No.2 has also agreed to return the gold ornaments to respondent No.2. 3. Respondent No.2/wife, who is present before this Court, submits that she has no objection to the FIR and all consequential proceedings being quashed, in view of the amicable settlement entered into between the parties. Since the dispute is matrimonial in nature and predominantly civil, involving no public interest, and as both parties have mutually agreed to settle the matter, this Court is of the considered opinion that no useful purpose would be served by continuing the criminal proceedings. The joint compromise petition is taken on record. 4. Accordingly, this Court proceeds to pass the following: ORDER (i) The petitions are allowed; - 8 - HC-KAR NC: 2025:KHC:29730 CRL.P No. 3426 of 2025 C/W CRL.P No. 2643 of 2025 CRL.P No. 5799 of 2025 (ii) The FIR in Crime No.7/2025 registered by the North Women’s Police Station, Malleshwaram Sub-Division, Bengaluru City, and all further proceedings pursuant thereto, insofar as they pertain to petitioners are concerned, for the offences punishable under Sections 85, 351(2), 352(3), and 352(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, are hereby quashed; (iii) The compromise petition shall form part of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 10