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2025 DAILYLAW 75721 (KAR)

SRI. MANUMOHAN v. THE STATE OF KARNATAKA

CRL.P/10047/2023 · 2025-08-13

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31581 CRL.P No. 10047 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10047 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. MANUMOHAN S/O MOHAN DAS, AGED ABOUT 32 YEARS, 2. SMT RATNAM @ RATNAMMA W/O MOHAN DAS, AGED ABOUT 62 YEARS, 3. SRI MOHAN DAS S/O LATE NARAYAN, AGED ABOUT 65 YEARS, 4. SMT MONISHA, D/O MOHAN DAS, AGED ABOUT 34 YEARS, ALL ARE R/AT NO 53, NANDANAM SRI SHIVASWAMY LAYOUT, SASUVEGATTA MAIN ROAD, TARABANAHALLI, BENGALURU- 560 090. …PETITIONERS (BY SRI. RAVI KUMAR M B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF SOLADEVANAHALLI POLICE STATION, BANGALORE, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31581 CRL.P No. 10047 of 2023 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE- 560 001. 2. SMT RABONIA W/O MANUMOHAN, AGED ABOUT 31 YEARS, R/T NO.53, MANDANAM SHIVAKUMARASWAMY BADAVANE, TARABANA HALLI VILLAGE, BENGALURU-560 090. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. B.V.MANJUNATHA GOWDA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 27.09.2022 PASSED BY THE HONBLE CHIEF JUDICIAL MAGISTRATE AT BENGALURU IN C.C.NO.20671/2022 FOR TAKING COGNIZANCE AND ISSUING SUMMONS AGAINST THE PETITIONERS FOR ALLEGED OFFENCES P/U/S.498-A OF IPC AND SEC.3, 4 OF DP ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners No.1 to 4 and respondent No.2/defecto complainant are present. Both learned counsel for the petitioners and respondent No.2 as well as learned High Court - 3 - HC-KAR NC: 2025:KHC:31581 CRL.P No. 10047 of 2023 Government Pleader for respondent No.1/State are present. 2. This petition is filed by accused Nos.1 to 4 under Section 482 of Cr.P.C, to set aside the order dated 27.09.2022 passed by the Chief Judicial Magistrate at Bangalore in C.C.No.20671/2022 for taking cognizance and issuing summons against the petitioners for alleged offences punishable under Section 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act. 3. A compromise petition under Section 482 r/w 320 of Cr.P.C., duly signed by both the petitioners and respondent No.2/defacto complainant and their respective counsel is filed. It is supported by joint affidavit of petitioner No.1 and respondent No.2/defacto complainant. 4. The terms and conditions of settlement arrived at between the parties reads as under: 1. It is submitted that the Petitioners have filed the aforesaid Petition under section 482 of Cr.P.C for to set aside the order dated: 27/09/2022 - 4 - HC-KAR NC: 2025:KHC:31581 CRL.P No. 10047 of 2023 passed by the Hon'ble CJM, Rural Court, Bengaluru in C.C. No.20671/2021 for taking of cognizance. Consequently, acquit the Petitioners in C.C No 20671/2021 pending before the Hon'ble CJM, Rural Court, Bengaluru for the offences punishable under section 498 A of IPC and 3 & 4 of DP Act 2. It is submitted that the Petitioner No.1 and Respondent No.2 are joining together to lead happy married life. The Respondent No 2 is not inclined to prosecute the aforesaid criminal case. In view of the compromise between the parties the charge sheet filed by the Respondent No 1 may be quashed. 3. If this Hon'ble is not pleased to allow the aforesaid application, the Petitioners and the Respondent No 2 will suffer irreparable loss and great hardship Whereas, no hardship will be caused to the Prosecution if the aforesaid application is allowed. 5. Respondent No.2/defacto complainant admits the compromise and submits that, since two years she is living along with petitioner No.1 and she has no objection to allow the petition and quash the criminal proceedings pending against the petitioners on the basis of her - 5 - HC-KAR NC: 2025:KHC:31581 CRL.P No. 10047 of 2023 complaint. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed under Section 482 Cr.P.C, is allowed. (ii) The Order dated 27.09.2022 passed by the Chief Judicial Magistrate, Bengaluru in C.C No.20671/2022 is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 2 Sl No.: 1