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2025 DAILYLAW 79929 (KAR)

SRI.CHOWDAM SURESH v. STATE BY MAHADEVAPURA P S

CRL.P/14590/2025 · 2025-11-14

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46755 CRL.P No. 14590 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14590 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. CHOWDAM SURESH S/O. LATE CHOWDAM SUBBARAYUDU AGED ABOUT 38 YEARS R/AT FLAT NO.203 2ND FLOOR HOUSE NO.24 SAI BALAJI NILAYA RANGANATHA LAYOUT MAHADEVAPURA BENGALURU – 560 048. …PETITIONER (BY SRI. PRADEEP KUMAR R H, ADVOCATE) AND: 1. STATE BY MAHADEVAPURA P S BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46755 CRL.P No. 14590 of 2025 2. SMT. SAI SINDHU W/O. MR. CHOWDAM SURESH D/O. UMMADISETTY GANGADHARA AGED ABOUT 33 YEARS R/AT NO.8-60 GRAM PANCHAYATHI GHATKESAR TELANGANA – 561 301. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SMT. D K SANDARSHINI, ADVOCATE FOR R2) --- THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.55315/2023 PENDING BEFORE 29TH ADDL CMM COURT, BENGALURU CITY IN PURSUANT TO CHARGE SHEET FILED U/S.498(A), 323, 506 OF IPC REGISTERED AGAINST THE PETITIONER/ACCUSED BY MAHADEVAPURA POLICE STATION IN CRIME NO.139/2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:46755 CRL.P No. 14590 of 2025 ORAL ORDER This petition is filed under Section 482 of the Code of Criminal Procedure by the sole accused in Crime No.139/2023 of Mahadevapura Police Station to quash the entire charge sheet and the proceedings pending in C.C. No.55315/2023 before the XXIX Additional Chief Metropolitan Magistrate Court, Bengaluru City. 2. Heard Sri Pradeep Kumar R.H., learned counsel for the petitioner, Sri Rahul Rai K., learned High Court Government Pleader for respondent No.1/State and Smt. D.K. Sandarshini, learned counsel for respondent No.2/defacto complainant and perused the material on record. 3. Charge sheet is filed against the petitioner for the offence punishable under Sections 498A, 323 and 506 of Indian Penal Code. 4. The dispute arises out of matrimonial discord between the parties. An application in I.A.No.1/2025 is - 4 - HC-KAR NC: 2025:KHC:46755 CRL.P No. 14590 of 2025 filed along with the joint affidavit of the respective parties. The affidavit is signed by the petitioner as well as respondent No.2/defacto complainant. 5. It is stated that in view of the mutual settlement, respondent No.2 voluntarily and out of her own free will, without any force and coercion, submits no objection to quash the entire proceedings pending against the petitioner. 6. It is also stated that a mutual consent divorce petition under Section 13B of the Hindu Marriage Act, 1955 is filed before the Family Court, Bengaluru and respondent No.2 has undertaken to withdraw all the proceedings initiated by her, including the present case, as she does not wish to prosecute the criminal case. 7. Petitioner and respondent No.2 are present before the Court. They are identified by their respective learned counsel. Respondent No.2 submits that in view of the - 5 - HC-KAR NC: 2025:KHC:46755 CRL.P No. 14590 of 2025 settlement, she has no objection to quash the proceedings. 8. It is submitted that the petitioner has agreed to pay a total sum of Rs.13,00,000/- to respondent No.2, which the said respondent No.2 has agreed to receive and today, as a part payment, a sum of Rs.5,70,000/- is paid. The receipt of the said amount is acknowledged by respondent No.2, who is present in the Court. 9. Considering that the matter arises out of a matrimonial dispute and the parties have voluntarily come forward to settle the dispute and filed a joint affidavit in that regard, in the interest of justice, it is expedient to allow the application and consequently, to quash the proceedings. 10. Accordingly, the following: ORDER i) I.A.No.1/2025 is allowed. Consequently, the Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:46755 CRL.P No. 14590 of 2025 ii) The entire proceedings in C.C.No.55315/2023 (Crime No.139/2023 of Mahadevapura Police Station) pending before the XXIX Additional Chief Metropolitan Magistrate Court, Bengaluru City, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE BSS List No.: 1 Sl No.: 59