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2025 DAILYLAW 78637 (KAR)

SMT SUVARNA S v. THE STATE OF KARNATAKA

CRL.P/6367/2022 · 2025-07-10

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25304 CRL.P No. 6367 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6367 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT SUVARNA S W/O UMESH H V, AGED ABOUT 58 YEARS, 2. SRI UMESH H V, S/O H M V SHASTRI, AGED ABOUT 63 YEARS, BOTH ARE R/AT NO.26/1, NEAR VEERABHADRA TEMPLE, HAGADUR, WHITEFIELD, BANGALORE, KARNATAKA-560 066. …PETITIONERS (BY SRI. BHADRAVADI SIDDESWARA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WHITE FIELD POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BANGALORE DISTRICT, HIGH COURT BUILDINGS, BENGALURU-560 009. 2. SMT S M MANASA W/O VISHWANATH U, AGED ABOUT 24 YEARS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25304 CRL.P No. 6367 of 2022 R/AT NO.310, 2ND A C CROSS, BDA LAYOUT, EAST OF NGEF, DOORWANI NAGAR, BANGALORE-560 016. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1 SRI.BHUSHANI KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.142/2021 REGISTERED IN WHITE FILED PS.., AGAINST THE PETITIONER HEREIN FOR OFFENCE P/U/S.498-A, 34 OF IPC, AND SEC.3 AND 4 OF DP ACT PENDING ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL DISTRICT AT ANNEXURE A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Both learned counsel for the petitioners and respondent No.2 as well as learned High Court Government Pleader for respondent No.1/State are present. 2. This petition is filed by the petitioners/accused Nos.2 and 3 under Section 482 of Cr.P.C, to quash the FIR in Crime No.142/2021, registered in Whitefield Police - 3 - HC-KAR NC: 2025:KHC:25304 CRL.P No. 6367 of 2022 Station for the offences punishable under Sections 498A, 34 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act. 3. I.A No.1/2025 is filed in the form of joint application for compromise under Section 482 r/w 320 of Cr.P.C supported by affidavit of respondent No.2/complainant. 4. The joint memo is filed reporting amicable settlement between the parties. The joint memo reads as under: JOINT APPLICATION FOR COMPROMISE UNDER SECTION 482 R/W 320 OF THE CODE OF CRIMINAL PROCEDURE: The petitioners and respondent No.2 herein most respectfully submit this Joint Compromise Application seeking compounding of the offences enumerated in the criminal complaint filed by Respondent No.1 Police in Crime No.142/2021 for offences punishable under Sections 498A, 34 of IPC and Sections 3 & 4 of DP Act, currently pending before the I Addl. Chief Judicial Magistrate, Bengaluru as below:- - 4 - HC-KAR NC: 2025:KHC:25304 CRL.P No. 6367 of 2022 1. The 1st Accused/ son of the Petitioners had instituted Matrimonial Case No.3099/2021 before the Hon'ble Principal Judge, Family Court, Bengaluru, seeking a decree of divorce. During the course of mediation, parties had amicably settled their disputes and agreed for divorce with the accused No.1. Consequently, a decree of divorce was passed, wherein she expressly consented to compound the aforementioned criminal case. 2. The Respondent No.2 is not inclined to pursue the criminal proceedings in Crime No.142/2021, as the dispute has already been amicably settled. The matter is under investigation. Respondent No.2 has formally withdrawn all allegations made in the complaint. Consequently, the complaint filed against the Petitioner have become infructuous and are liable to be compounded in the interest of justice. 3. The Petitioner humbly submits that the offences mentioned herein are compoundable with the leave of this Hon'ble Court, in terms of the law - 5 - HC-KAR NC: 2025:KHC:25304 CRL.P No. 6367 of 2022 laid down by the Hon'ble Supreme Court in (2012) 10 SCC 303 (Gian Singh's case). 4. The Petitioner humbly requests that this Hon'ble Court pleased to be read the averments made in the main petition as part & parcel of this application to avoid repetitive averments. WHEREFORE, the Petitioners and the Respondent No.2 most humbly pray this Hon'ble Court to pleased to accept the joint compromise application and permit the Respondent No.2 to compound the offences against the petitioners in Crime No.142/2021 for offences punishable under Sections 498A, 34 of IPC and Sections 3 & 4 of DP Act, currently pending before the I Addl. Chief Judicial Magistrate, Bengaluru, in the ends of justice. 5. Respondent No.2/complainant admits the compromise and submits that she has no objection to allow the petition. The terms and conditions of compromise - 6 - HC-KAR NC: 2025:KHC:25304 CRL.P No. 6367 of 2022 petition is legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed under Section 482 of Cr.P.C, is allowed. (ii) The FIR in Crime No.142/2021 registered in Whitefield Police Station for the offences punishable under Sections 498A, 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act pending on the file of Additional Chief Judicial Magistrate, Bengaluru Rural District, 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.: 1 Sl No.: 12