GURUPRASAD ( AS PER AADHAR CARD) v. STATE OF KARNATAKA
CRL.P/2493/2024 · 2025-08-28
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73312 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73312 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33511 CRL.P No. 2493 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 2493 OF 2024
BETWEEN:
1.
GURUPRASAD ( AS PER AADHAR CARD) MENTIONED AS GURUPRASAD PRABHU IN THE FIR, AGED ABOUT 33 YEARS, S/O ACHUTHA PRABHU, R/AT NO.1-81/, NEAR B M TILES, FACTORY MAROLI, KULASHEKAR MANGALORE, D. K - 575 005
2.
SUMANGALA S (AS PER AADHAR CARD) MENTIONED AS SUMANGALA PRABHU IN FIR, AGED ABOUT 59 YEARS, W/O ACHUTHA PRABHU, R/AT NO.1-81/1, NEAR B M TILES, FACTORY MAROLI, KULASHEKAR, MANGALORE, D. K - 575 005.
3.
ACHUTA PRABHU AGED ABOUT 65 YEARS, S/O LATE SADASHIVA PRABHU, R/AT NO.1-81/1, NEAR B M TILES, FACTORY MAROLI, KULASHEKAR, MANGALORE, D. K - 575 005.
4.
S. ANANTARAM PATIL (AS PER AADHAR CARD) MENTIONED AS ANANTRAM PATIL IN THE FIR, AGED ABOUT 56 YEARS,
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:33511 CRL.P No. 2493 of 2024
C/O. NARAYANA PATIL SARALEBETTU, R/AT: NO.5-120-1, NARAYANA KRUPA, MARKET ROAD PARKALA, OPP VIGHNESHWARA SABHA BHAVANA, PARKALA UDUPI - 576 107.
…PETITIONERS
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY SHO, BASVANAGUDI WOMEN POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE- 560 001.
2.
SMT. SANDHYA PATHKI S/O GURUPRASAD PRABHU, AGED ABOUT 33 YEAR, R/AT NO.852, 11TH CROSS, GAURAV NAGARA, RBI LAYOUT, J P NAGARA 7TH PHASE, BANGALORE - 560 078.
…RESPONDENTS
(BY SRI. M.R.PATIL, HCGP FOR R1;
SRI. SIJI MALAYIL, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR AGAINST THE PETITIONERS IN CR.NO.15/2024 (PCR NO.14439/2023) OF BASAVANAGUDI WOMEN POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S 498A, 506 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, ON THE FILE OF XXXVII ACMM, AT BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:33511 CRL.P No. 2493 of 2024
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER This petition is filed by the husband and in-laws seeking quashing of the proceedings pending in Crime No.15/2024 (PCR No.14439/2023) for the offence punishable under Sections 498-A and 506 of IPC read with Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Today, an application is filed seeking compounding of the offences. Respondent No.2/wife is present before this Court. On being specifically queried, she submits that she has amicably resolved all disputes with the petitioner/husband and, in terms of the settlement arrived at in M.C.No.5001/2023, she has agreed for a decree of divorce by mutual consent. It is brought to the notice of this Court that the said matter is listed tomorrow for recording of the decree of divorce. Respondent No.2 further acknowledges that she has received a sum of Rs.5,00,000/- by way of demand draft today, and she has no objection for quashing of the
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HC-KAR NC: 2025:KHC:33511 CRL.P No. 2493 of 2024
present criminal proceedings. She also undertakes to receive the balance sum of Rs.5,00,000/- tomorrow in M.C.No.5001/2023.
3. In the light of the above settlement, though this Court is conscious that the offence punishable under Section 498-A IPC is non-compoundable, having regard to the fact that the dispute is purely matrimonial in nature, that no heinous crime is involved, and that both parties have voluntarily resolved their differences, this Court is of the considered view that continuance of criminal proceedings would serve no fruitful purpose. Therefore, to give a quietus to the matrimonial discord and to secure the ends of justice, this Court deems it fit to quash the proceedings.
4. Accordingly, to prevent abuse of the process of law and in view of the consent expressed by respondent No.2, I.A.No.1/2025 stands allowed and this Court proceeds to pass the following:
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HC-KAR NC: 2025:KHC:33511 CRL.P No. 2493 of 2024
ORDER (i) The petition is allowed; (ii) The proceedings in Crime No.15/2024 (arising out of PCR No.14439/2023) for the offences punishable under Sections 498-A and 506 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of the XXXVII ACMM, Bengaluru, insofar as the petitioners are concerned, are hereby quashed; (iii) It is clarified that the balance amount of Rs.5,00,000/- shall be paid by the petitioner/husband to respondent No.2/wife tomorrow, i.e., on 29.08.2025, in the pending proceedings in M.C.No.5001/2023.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 3 Sl No.: 9