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2025 DAILYLAW 76972 (KAR)

SRI. AMAN GAUR @ AMANAGOWRA v. STATE OF KARNATAKA

CRL.P/10377/2025 · 2025-08-29

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33693 CRL.P No. 10377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.10377 OF 2025 BETWEEN: 1. SRI. AMAN GAUR @ AMANAGOWRA AGED ABOUT 35 YEARS, S/O SRI. DHARMENDRA KUMAR SHARMA R/AT NO.M-57, NAVEEN SHAHDARA, NEAR REFUEL UNISEX GYM, NORTH EAST, DELHI-110032 2. SMT. VERSHA RITU @ VARSHA RITHU, AGED ABOUT 57 YEARS, W/O SRI. DHARMENDRA KUMAR SHARMA R/AT NO.M-57, NEAR REFUEL UNISEX GYM, NAVEEN SHAHDARA, NORTH EAST, DELHI-110 032. …PETITIONERS (BY SRI CHETHAN B C, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH EAST DIVISION WOMEN POLICE STATION EAST RANGE, BANGALORE CITY, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33693 CRL.P No. 10377 of 2025 REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE – 560001 2. SMT. SAUMYA ABHA, AGED ABOUT 33 YEARS, W/O SRI. AMAN GAUR, D/O SRI. ALOK KUMAR SHUKLA NO.128/367, Y-BLOCK, KIDWAI NAGAR, KANPUR-208 011 …RESPONDENTS (BY SRI M R PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.61351/2024 FILED BY THE RESPONDENT NO.2 WITH THE RESPONDENT NO.1, PENDING BEFORE THE XI ACMM COURT, MAYO HALL, BANGALORE CITY AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:33693 CRL.P No. 10377 of 2025 ORAL ORDER The captioned petition is filed by petitioners/accused Nos.1 and 2 seeking for quashing of the proceedings pending in C.C.No.61351/2024 arising out of Cr.No.236/2023 for the offences punishable under Sections 498A and 504 of IPC pending before the XI ACMM Court, Mayo Hall, Bengaluru City. 2. Petitioner No.1/accused No.1, who is the husband of respondent No.2, is present before this Court. Respondent No.2/defacto complainant is also present before this Court. 3. A joint affidavit has been filed indicating that petitioner No.1/husband and respondent No.2/wife have amicably resolved their matrimonial dispute which is the subject matter of M.C. No.2996/2024, pending before the Court of the Principal Family Judge, Kanpur Nagar. Respondent No.2/wife, who is personally present before this Court, affirms the factum of settlement and further - 4 - HC-KAR NC: 2025:KHC:33693 CRL.P No. 10377 of 2025 states that both parties have agreed to give a quietus to all disputes arising out of the said matrimonial proceedings. She also acknowledges having received a sum of Rs.6,50,000/- under Cheque No.579654 dated 16.04.2025, as part of the settlement. In view of the amicable resolution, respondent No.2/wife has expressed her no-objection to quashing of the proceedings in C.C. No.61351/2024 arising out of Crime No.236/2023. 4. Since the parties have voluntarily settled their dispute, a joint petition under Section 13B of the Hindu Marriage Act has already been filed seeking divorce by mutual consent. It is also not in dispute that the husband has paid a substantial sum of Rs.6,50,000/- towards the settlement, with the balance amount to be paid at the time of closure of the matrimonial proceedings. Having regard to the fact that the allegations do not disclose any heinous offence and considering that continuation of the proceedings would only amount to an abuse of the process of law, this Court is of the opinion that to secure the ends - 5 - HC-KAR NC: 2025:KHC:33693 CRL.P No. 10377 of 2025 of justice, the proceedings in C.C. No.61351/2024 for the offences punishable under Sections 498A and 504 of IPC deserve to be quashed. 5. Accordingly, the petition is allowed. The proceedings in C.C. No.61351/2024 are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SN List No.: 1 Sl No.: 35