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2025 DAILYLAW 79889 (KAR)

VISHWAS R v. THE STATE OF KARNATAKA

CRL.P/13965/2025 · 2025-10-09

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39790 CRL.P No. 13965 of 2025 C/W CRL.P No. 12130 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13965 OF 2025 C/W CRIMINAL PETITION NO. 12130 OF 2024 IN CRL.P NO. 13965/2025 BETWEEN: VISHWAS R S/O RAMANANDA AGED ABOUT 32 YEARS R/AT NO. 917/1045, 1ST 'F' MAIN GIRINAGARA, BANASHANKARAI 3RD STAGE BENGALURU-560085. …PETITIONER (BY SRI. K A CHANDRASHEKARA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF GIRINAGAR POLICE STATION BENGALURU CITY-560085. REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560091. 2. HARICHANDANA B.A. D/O ANAND.B.R AGED ABOUT 28 YEARS R/AT NO 41,1ST CROSS 15TH MAIN ROAD Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39790 CRL.P No. 13965 of 2025 C/W CRL.P No. 12130 of 2024 MUNESHWARA BLOCK BENGALURU-560026. …RESPONDENTS (BY SRI. B N JAGADEESH, ADDL. SPP FOR R1: SRI VIJYAKUMAR, ADVOCATE FOR SMT. N PADMAVATHI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.3884/2024 NOW PENDING ON THE FILE OF THE LEARNED XXXVII ACJM COURT AT BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A R/W 34 IPC AND 3 AND 4 OF D.P ACT IN SO FAR AS THE PETITIONER HEREIN IS CONCERNED AND ETC. IN CRL.P NO. 12130/2024 BETWEEN: 1. SMT.SRILATHA W/O RAMANANDA NOW AGED ABOUT 59 YEARS R/AT NO. 917/1045 1ST F MAIN ROAD GIRINAGARA, BANASHANKARI 3RD STAGE BENGALURU 560085. 2. RAMANANDA S/O LATE NARAYAN G R NOW AGED ABOUT 63 YEARS R/AT NO. 917/1045 1ST F MAIN ROAD GIRINAGARA, BANASHANKARI 3RD STAGE BENGALURU 560085. ...PETITIONERS (BY SRI. CHANDRASHEKARA K A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF GIRINAGAR POLICE STATION BENGALURU CITY 560085 REP BY THE STATE PUBLIC PROSECUTOR - 3 - HC-KAR NC: 2025:KHC:39790 CRL.P No. 13965 of 2025 C/W CRL.P No. 12130 of 2024 HIGH COURT OF KARNATAKA BENGALURU 560091 2. HARICHANDANA B A W/O VISHWAS R NOW AGED ABOUT 26 YEARS R/AT NO. 41 ST CROSS 15TH MAIN ROAD MUNESHWARA BLOCK BENGALURU 560026 ...RESPONDENTS (BY SRI. B N JAGADEESH, ADDL. SPP FOR R1: SRI VIJAYAKUMAR, ADVOCATE FOR SMT. N PADMAVATHI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 3884/2024 PENDING ON THE FILE OF THE LEARNED XXXII ADDL. CMM AT BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A R/W 34 IPC AND 3 AND 4 OF DP ACT, IN SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER These petitions arise out of Crime No.12/2024 of Girinagar Police Station, Bengaluru City, pending before the XXXVII Additional CJM Court at Bengaluru in CC No.3884/2024. - 4 - HC-KAR NC: 2025:KHC:39790 CRL.P No. 13965 of 2025 C/W CRL.P No. 12130 of 2024 2. Charge sheet is filed against accused Nos. 1 to 3 for the offence punishable under Section 498-A r/w. 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. 3. Petitioner in Crl.P.No.13965/2025 is accused No. 1 and petitioners in Crl.P.No.12130/2024 are accused Nos. 2 and 3, respectively. 4. The learned counsels representing the respective parties have filed IA 1/2025 in both the petitions reporting settlement and to permit to compound the offences and consequently to quash the entire proceedings pending before the trial court. 5. Respondent No.2/de-facto complainant as well as the petitioners are present before the Court and they are identified by the learned counsel appearing for them. 6. The de-facto complainant submits that the matter has been settled in terms of the compromise and - 5 - HC-KAR NC: 2025:KHC:39790 CRL.P No. 13965 of 2025 C/W CRL.P No. 12130 of 2024 therefore, she is not interested to continue with the criminal proceedings initiated against the petitioners. 7. It is also submitted that a petition in MC No. 5749/2025 was filed before the learned V Additional Principal Judge, Family Court at Bengaluru and in terms of the compromise, the marriage of accused No. 1 with respondent No.2 has been dissolved by order dated 15.09.2025, wherein a sum of Rs.20,50,000/- was paid to respondent No. 2 towards full and final settlement and permanent alimony, which is not disputed by respondent No. 2. 8. In GIAN SINGH vs. STATE OF PUNJAB reported in 2012 (10) SCC 303, the Hon'ble Apex Court has held that the inherent powers of the High Court is of wide plenitude with no statutory limitation, but it has to be exercised to achieve either of twin objects, viz., (i) to prevent abuse of the process of the court and (ii) to do real, complete and substantial justice. - 6 - HC-KAR NC: 2025:KHC:39790 CRL.P No. 13965 of 2025 C/W CRL.P No. 12130 of 2024 9. In view of the settlement so arrived at between the parties, chances of conviction of the accused is very bleak and no useful purpose is likely to be served by allowing the criminal prosecution initiated against the petitioners, to continue. Hence, in order to achieve substantial justice, it is just and proper to quash the proceedings. Accordingly, the following order: (i) Both the petitions are allowed. (ii) The entire proceedings pending against the petitioners in C.C.No.3884/2024 on the file of the learned XXXVII Additional CJM Court at Bengaluru for the offence punishable under Section 498-A r/w. 34 of IPC and Sections 3 and 4 of the D.P. Act are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE CM LIST NO.: 1 SL NO.: 25