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2025 DAILYLAW 81215 (KAR)

SRI. AMOSE v. STATE OF KARNATAKA

CRL.P/2426/2025 · 2025-09-16

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36996 CRL.P No. 2426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 2426 OF 2025 BETWEEN: 1. SRI. AMOSE SON OF STANSY LOUS AGED ABOUT 44 YEARS RESIDING AT NO. 17, 13TH A CROSS, VENKATAPURA, HSR LAYOUT, 5TH SECTOR BENGALURU-560034 CURRENTLY RESIDING AT CHENGADU VILLAGE, VILLUPURAM 605602 TAMIL NADU 605 602 …PETITIONER (BY SRI. PONNANNA M B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADIVALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR OR HIGH COURT GOVERNMENT PLEADER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36996 CRL.P No. 2426 of 2025 HIGH COURT OF KARNATAKA BENGALURU-01 2. SMT. ANNAMMAL.G WIFE OF AMOSE AGED ABOUT 38 YEARS RESIDING AT NO. 17, 13TH A CROSS, VENKATAPURA, HSR LAYOUT, 5TH SECTOR BENGALURU-560034 …RESPONDENTS (BY SMT.RASHMI JADHAV, ADDL. SPP FOR R1 SRI.ABHIMANYU DEVAIAH, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 02.08.2016 AT ANNEXURE -A AND CHARGE SHEET IN C.C.18590 OF 2016 AND QUASH ALL OTHER CONSEQUENTIAL PROCEEDINGS THERE UNDER PENDING ON THE FILE OF THE LEARNED XXXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36996 CRL.P No. 2426 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Today, a joint memo has been filed by the petitioner and respondent No.2/de facto complainant. Through the said joint memo, respondent No.2 has expressed her intention to withdraw all the allegations made against the petitioner. 2. The petitioner has produced on record the judgment rendered by the Principal District Court, Villupuram, in D.O.P. No.37/2017, whereby the marriage between the petitioner and respondent No.2/complainant has been dissolved. 3. Pursuant to the dissolution of marriage, both the petitioner and respondent No.2 have contracted second marriages, and respondent No.2, out of her subsequent wedlock, has been blessed with a child. 4. In view of these subsequent developments and the amicable settlement recorded in D.O.P. No.37/2017, respondent No.2 has expressed her desire to withdraw all allegations against the petitioner. Though the offences punishable under Section 498-A of the Indian Penal Code and - 4 - HC-KAR NC: 2025:KHC:36996 CRL.P No. 2426 of 2025 Sections 3 and 4 of the Dowry Prohibition Act are non- compoundable, this Court, in order to prevent abuse of the process of law and to secure the ends of justice, finds it appropriate to exercise its inherent jurisdiction under Section 482 of the Code of Criminal Procedure. 5. Accordingly, the petition is allowed. The proceedings in C.C. No.18590/2016, pending on the file of the XXXIX Additional Chief Metropolitan Magistrate, Bengaluru, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VM List No.: 4 Sl No.: 2