Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25533 CRL.P No. 9428 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9428 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI D N MANOJ AGED ABOUT 35 YEARS, S/O NAGIREDDY D.N, RESIDING AT NO. 18, ADVITHA 1ST CROSS, MANORAYANAPALYA, SULTHANPALYA MAIN ROAD, BENGALURU – 560 032. …PETITIONER (BY SRI. RAMACHANDRA REDDY B R.,ADVOCATE) AND:
1.
STATE OF KARNATAKA BY R T NAGAR POLICE STATION,
REPTD BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU – 560 001.
2.
SMT LAVANYA N.J AGED ABOUT 30 YEARS,
D/O N D JAGADEESH,
RESIDING AT NAGADASANAHALLI,
YELAHANKA TALUK AND HOBLI,
RAJANKUNTE POST, BENGALURU NORTH TALUK,
BENGALURU – 560 064. …RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. K.B.K. SWAMY, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.13276/2021 IN CR.NO.239/2020 REGISTERED BY THE R.T. NAGAR POLICE FOR THE OFFENCES P/U/S 498(a),323,504,506 R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT PENDING ON THE FILE OF THE 8TH A.C.J.M AT BENGALURU.
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25533 CRL.P No. 9428 of 2025
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In this petition, petitioner seeks for the following relief:
“Wherefore, it is humbly prayed that this Hon'ble court be pleased to quash the entire procedure in C.C.No.13276/2021 in Crime No. 239/2020 registered by the R.T Nagar Police for the offenses punishable under section 498(a), 323, 504, 506 read with 34 of I.P.C and 3 and 4 of DP Act, Pending on the file of the 8 Additional Chief Judicial Magistrate at Bengaluru and to pass any such other appropriate orders as may deem fit in the facts and circumstances of this case, in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned Addl. SPP for 1st respondent as well as learned counsel for 2nd respondent and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-complainant filed a complaint before the 1st respondent - Police in Crime No.239/2020, which culminated in C.C.No.13276/2021 before the Trial Court for offences punishable under Sections 498-A, 323, 504, 506 r/w 34 of IPC and Sections 3
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HC-KAR NC: 2025:KHC:25533 CRL.P No. 9428 of 2025
and 4 of the D.P.Act. Further, the matrimonial dispute filed by the petitioner-husband against the 2nd respondent – complainant in M.C.No.2308/2020 was allowed and decree of divorce was granted. Thereafter, the 2nd respondent filed a petition under the provisions of Domestic Violence Act against the petitioner and in- laws in Crl.Mis.No.115/2020, which was ended up in settlement, wherein both parties settled the matrimonial dispute with mutual consent and further agreed to co-operate for quashing of C.C.No.13276/2021 pending before the Trial Court. The relevant portion of the said Memorandum of Settlement dated 17.06.2025 filed before MMTC-VI, Bangalore, reads as under:
“ 15. In view of the settlement entered into between the parties, both the parties will co-operate with each other to close Crl.A.No.340/2024 and C.C.No.13276/2021 before the jurisdictional court”. 4. In view of the aforesaid facts and circumstances and the fact that the petitioner-accused and respondent No.2- complainant have settled the matrimonial dispute and also agreed to co-operate for quashing the criminal proceedings in C.C.No.13276/2021 pending before the Trial Court, continuation of
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HC-KAR NC: 2025:KHC:25533 CRL.P No. 9428 of 2025
criminal proceedings against the petitioner would amount to an abuse of process of law and the same deserves to be quashed. 5.
In the result, I pass the following:
ORDER (i) Petition is hereby allowed. (ii) The impugned criminal proceedings in C.C.No.13276/2021 arising out of Crime No.239/2020 registered by the 1st respondent-Police for offences punishable under Sections 498-A, 323, 504, 506 r/w 34 of IPC and Sections 3 and 4 of the D.P.Act, pending on the file of VIII ACJM, Bengaluru, insofar as the petitioner is concerned, are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl.