- 1 - HC-KAR NC: 2025:KHC:31300 CRL.P No. 11206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.11206 OF 2025 BETWEEN: 1. AVINASH HOLLA S/O MANJUNATH HOLLA, AGED ABOUT 38 YEARS, R/AT FLAT NO. AG-15, A BLOCK, DSR WHITE WATER APARTMENT, SARJAPUR, BENGALURU - 560 035. 2. MANJUNATH HOLLA S/O KRISHNA HOLLA, AGED ABOUT 69 YEARS, R/AT FLAT NO. AG-15, A BLOCK, DSR WHITE WATER APARTMENT, SARJAPUR, BENGALURU - 560 035. 3. KALYANI HOLLA W/O MANJUNATH HOLLA, AGED ABOUT 62 YEARS, R/AT FLAT NO. AG-15, A BLOCK, DSR WHITE WATER APARTMENT, SARJAPUR, BENGALURU - 560 035. …PETITIONERS (BY SRI. ASHWATH C.M., ADVOCATE) AND: 1. STATE BY VARTHUR P.S. BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31300 CRL.P No. 11206 of 2025 2. SANDYA T.S. W/O AVINASH HOLLA, AGED ABOUT 32 YEARS, R/AT TOLALEMANE, GINIKAL VILLAGE, YEDUR POST, NAGARA HOBLI, HOSANAGARA TALUK - 577 448. SHIVAMOGGA. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. SHOWRI H R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FURTHER PROCEEDINGS AGAINST THE PETITIONERS IN CC.NO.6245/2025, PENDING ON THE FILE OF HON'BLE II ACJM, BENGALURU RURAL DISTRICT, AT BENGALURU, FOR THE OFFENCES P/U/S 498(A), 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Heard learned counsel for the petitioners. 2. This petition is filed by the petitioners - accused Nos.1 to 3 seeking quashing of the proceedings in C.C.No.6245/2025 pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural District at Bengaluru for the offence punishable under Sections 498A read with Section 34 of IPC, 1860. - 3 - HC-KAR NC: 2025:KHC:31300 CRL.P No. 11206 of 2025 3. Today, an affidavit has been filed by respondent No.2 – complainant, wherein she has requested this Court to quash the proceedings in C.C.No.6245/2025 pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural, in view of the settlement arrived at in M.C.No.25/2025. 4. Respondent No.2 – complainant, who is the wife of petitioner No.1, is present before this Court. On a specific query, she has admitted that the dispute between the parties has been amicably resolved. She has further stated that the marriage between herself and petitioner No.1 is yet to be dissolved in M.C.No.25/2025 and under the terms of settlement, she has agreed to receive a sum of Rs.9,00,000/- towards full and final permanent alimony. Out of the said amount, she has already received a sum of Rs.5,00,000/- by way of demand draft and the balance amount of Rs.4,00,000/- shall be received before the Family Court, Thirthahalli. She has, therefore, requested - 4 - HC-KAR NC: 2025:KHC:31300 CRL.P No. 11206 of 2025 this Court to record the settlement, compound the offences and quash the proceedings in C.C.No.6245/2025. 5. In light of the settlement, and having regard to the fact that respondent No.2 – complainant has unequivocally expressed her unwillingness to prosecute the criminal proceedings, this Court is of the considered view that the continuation of the proceedings would amount to abuse of process and that the matter deserves to be brought to a quietus in the interest of justice. 6. Though the offences alleged are non-cognizable, keeping in view that the dispute has been amicably resolved that the offences involved are not heinous in nature and that respondent No.2 – wife has voluntarily stated that she does not wish to pursue the criminal case, this Court finds it just and proper to accept the settlement and quash the proceedings. 7. In view of the settlement recorded in Court coupled with the fact that part payment has already been - 5 - HC-KAR NC: 2025:KHC:31300 CRL.P No. 11206 of 2025 made and the balance amount is agreed to be received before the competent Family Court, this Court deems it appropriate to quash the proceedings. Accordingly, the following order is passed: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C.No.6245/2025 pending before the II Additional Chief Judicial Magistrate, Bengaluru Rural District, arising out of Crime No.0002/2025 of Nagara Police Station, for the offences punishable under Section 498-A read with Section 34 of the IPC, stand quashed insofar as they relate to petitioners – accused Nos.1 to 3. I.A.No.1/2025 is also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 36