- 1 - HC-KAR NC: 2025:KHC:35781 CRL.P No. 7039 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 7039 OF 2024 BETWEEN: 1. SRI. MOTHALI SAI VISHAL S/O LATE MOTHALI RAVI KUMAR, AGED ABOUT 30 YEARS, R/AT H.NO. 1-2-97/ 42 & 43 HITECH NAGAR COLONY, YELLAREDDYGUDA, KAPRA, ECIL HYDERABAD TELANGANA-500062 NOW AT IN CANADA REPRESENTED BY HIS BROTHER AND POWER OF ATTORNEY HOLDER MOTHALI SWAROOP SHARMA. 2. SMT MOTHALI VIJAYALAKSHMI W/O LATE MOTHALI RAVI KUMAR, AGED ABOUT 57 YEARS, R/AT H.NO. 1-2-97/ 42 & 43 HITECH NAGAR COLONY, YELLAREDDYGUDA,KAPRA, ECIL HYDERABAD TELANGANA-500062 3. SRI MOTHALI SWAROOP SHARMA S/O LATE MOTHALI RAVI KUMAR, AGED ABOUT 38 YEARS, R/AT H.NO. 1-2-97/ 42 & 43 HITECH NAGAR COLONY, YELLAREDDYGUDA, KAPRA, ECIL HYDERABAD TELANGANA-500062 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35781 CRL.P No. 7039 of 2024 4. SRI MAHATI MOTHALI W/O MOTHALI SWAROOP SHARMA AGED ABOUT 34 YEARS, R/AT H.NO. 1-2-97/ 42 & 43 HITECH NAGAR COLONY, YELLAREDDYGUDA, KAPRA, ECIL HYDERABAD TELANGANA-500062 …PETITIONERS (BY SRI. ERAPPA REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION, STATION HOUSE OFFICER SHIVAJI NAGAR, BENGALURU-560001. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001 2. SMT AISHWARYA LAKSHMI V W/O MOTHALI SAI VISHAL, AGED ABOUT 26 YEARS, NO. 11, BEHIND PAPAYA BUILDING, MUNNEKOLALA, MARATHALLI, BENGALURU-560037. …RESPONDENTS (BY SMT.RASHMI JADHAV, ADDL. SPP FOR R1 SMT.K.R.TULSI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.42/2024, ANNEXURE- B, REGISTERED BY THE EAST ZONE WOMEN POLICE, SHIVAJI NAGAR, BENGALURU AGAINST THE PETITIONERS, WHICH IS PENDING BEFORE THE 6th ACMM COURT, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35781 CRL.P No. 7039 of 2024 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by husband and in-laws seeking quashing of proceedings pending in Crime No.42/2024 for the offence punishable under Section 498A r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Today, learned counsel for the petitioners has filed a memo stating that respondent No.2 has submitted a memo before the Family Court, Bengaluru, in Crl.Misc.No.151/2024, and based on the said memo, the proceedings in Crl.Misc.No.151/2024 have been dismissed as withdrawn. 3. Respondent No.2/complainant is present before this Court. On being queried, she confirms the settlement reached in Crl.Misc.No.151/2024 and acknowledges having received a sum of Rs.5,00,000/- out of the total agreed amount of Rs.15,00,000/- towards permanent alimony payable by her husband. She has also expressed her willingness to cooperate for recording divorce in the pending divorce petition before the - 4 - HC-KAR NC: 2025:KHC:35781 CRL.P No. 7039 of 2024 Family Court at Telangana. The details of the settlement are recorded in the said memo. 4. In view of the amicable settlement and as both spouses have voluntarily decided to put an end to their matrimonial dispute by seeking dissolution of marriage in the pending divorce proceedings before the Telangana Family Court, this Court is of the opinion that the criminal proceedings in Crime No.42/2024 no longer survive. 5. It is true that an offence under Section 498A IPC is non-compoundable. However, since the dispute between the husband and wife is essentially matrimonial in nature and stands resolved by way of settlement, this Court is inclined to exercise its inherent jurisdiction under Section 482 Cr.P.C. to prevent abuse of the process of law and to secure the ends of justice. 6. Accordingly, to give a quietus to the dispute between the parties, the following order is passed: ORDER i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:35781 CRL.P No. 7039 of 2024 ii) The proceedings in Crime No.42/2024, for the offences punishable under Section 498A read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending before the VI ACMM Court, Bengaluru, are hereby quashed insofar as the petitioners are concerned. All pending interlocutory applications, if any, stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VM List No.: 1 Sl No.: 93