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2025 DAILYLAW 73600 (KAR)

SRI. CHANDAN P, v. THE STATE OF KARNATAKA

CRL.P/4436/2025 · 2025-11-03

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44110 CRL.P No. 4436 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4436 OF 2025 BETWEEN: 1. SRI. CHANDAN P. S/O PUTTASWAMY, AGED ABOUT 36 YEARS, 2. SMT. NAGARATNA W/O PUTTASWAMY, AGED ABOUT 65 YEARS, 3. SRI. PUTTASWAMY N. S/O NINGEGOWDA, AGED ABOUT 71 YEARS, ALL ARE RESIDING AT NO.31, NANDAGOKULA, RTO OFFICE ROAD, 60 FEET ROAD, RTO OFFICE, ULLAL, BANGALORE-01. …PETITIONERS (BY SRI. MANIKANTA H.B., ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA BASAVANAGUDI POLICE STATION, THYAGARAJ NAGAR, BENGALURU-560 070. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44110 CRL.P No. 4436 of 2025 2. SMT. ARPITHA D/O LATE RAJAMUDI, AGED ABOUT 33 YEARS, R/A #205, 5TH MAIN, 1ST CROSS, KUMARASWAMY LAYOUT, II STAGE, BANGALORE-560 079. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H); SRI. RATHAN S., ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (I) QUASH THE ENTIRE PROCEEDINGS, CORRECTNESS OF THE ORDER DATED 27.01.2024, TAKING COGNIZANCE, REGISTERING A CRIMINAL CASE AND ISSUING PROCESS TO SECURE THE APPEARANCE OF THE PETITIONERS PASSED BY THE OFFENCE PUNISHABLE UNDER SECTION 498A, 504 OF THE INDIAN PENAL CODE, 1860 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961; (II) CONSEQUENTLY, QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1/POLICE IN C.C.NO.2520/2024 AGAINST THE PETITIONERS FOR THE OFFENCES UNDER SECTION 498A, 504 OF THE INDIAN PENAL CODE, 1860 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 ON THE FILE OF THE (24TH ACMM) XXXVII ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44110 CRL.P No. 4436 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the entire proceedings, initiated against them by respondent No.2/defacto complainant for the offence punishable under Section 498A, 504 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961 pending in C.C.No.2520/2024 on the file of the Court of XXXVII Additional Chief Judicial Magistrate (24th ACMM), Bengaluru City. 2. A joint memo is filed signed by the petitioners as well as respondent No.2 and the respective learned counsel appearing for them. Joint memo reads as under: “It is respectfully submitted that, the Petitioners and the 2nd Respondent herein have agreed for amicable settlement as per the terms of the Memorandum of Settlement in MC No.6746/2023on the file of III Addl. Principal Judge, Family Court, Bengaluru, judgment dated 22/11/2024, hence the present petition be allowed in terms of the Memorandum of Settlement in MC No.6746/2023 on the file of III Addl. Principal - 4 - HC-KAR NC: 2025:KHC:44110 CRL.P No. 4436 of 2025 Judge, Family Court, Bengaluruin the interest of justice and equity.” 3. It is submitted that a memorandum of settlement was filed before the III Additional Principal Judge, Family Court at Bengaluru in M.C.No.6746/2023, in terms of which the said petition has been disposed of by the Court, based on the mediation agreement and the marriage of petitioner No.1 with respondent No.2 has been dissolved through a decree of divorce. 4. The order passed by the Family Court, Bengaluru along with the memorandum of settlement filed by the parties under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 are furnished. 5. Para 8 of the said memorandum of settlement is extracted here under: 8. In view of this settlement the petitioner has agreed to co-operate in closing / quashing the proceedings in C.C.No.2520/2024 pending - 5 - HC-KAR NC: 2025:KHC:44110 CRL.P No. 4436 of 2025 before 24th ACMM, Bengaluru filed against the respondent for the offence punishable under Section 498-A, 506 of IPC R/W Section 3 & 4 of D.P. Act.” 6. Respondent No.2 present before the Court submits that in view of the settlement she is not interested in proceeding with the matter and she has no objection to quash the entire proceedings now pending against the petitioners. 7. Matter arises out of a matrimonial dispute, wherein the parties have entered into a memorandum of settlement before the Family Court, Bengaluru pursuant to which a decree of divorce has been passed. Respondent No.2 has no objection to quash the proceedings. Hence, no useful purpose will be served in continuing the proceedings pending against the petitioners. Therefore, it is expedient in the interest of justice, to quash the proceedings. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC:44110 CRL.P No. 4436 of 2025 ORDER Petition is allowed. The entire proceedings in C.C.2520/2024 pending on the file of the Court of 24th ACMM, Bengaluru are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 22