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2025 DAILYLAW 81226 (KAR)

MR. SHREENANDAN RAO v. STATE OF KARNATAKA

WP/24067/2025 · 2025-08-18

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31932 WP No. 24067 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.24067 OF 2025 (GM-RES) BETWEEN: 1. MR. SHREENANDAN RAO S/O SAMPATH RAO AGED 38 YEARS R/AT #1553, GROUND FLOOR, 6TH MAIN, E MAIN, E BLOCK, SUBRAMANYA NAGAR, 2ND STAGE, RAJAJINAGAR, BENGALURU-560010. 2. SMT. MRIDULA RAO W/O SAMPATH RAO AGED 62 YEARS R/AT #3-180, ADHI JANARDHANA NILAYA, 6TH CROSS, KOLAMBE BAILOOR, UDUPI-576101 (NOT CLAIMING SENIOR CITIZEN BENEFIT) …PETITIONERS (BY SRI. SHARADI.S.SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BASAVANAGUDI WOMEN'S POLICE STATION Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31932 WP No. 24067 of 2025 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. 2. MRS. DIVYA ACHARYA W/O MR. SHREENANDAN RAO D/O RAJAGOPALA ACHARYA.C AGED 33 YEARS R/A FLAT NO.49, 1st MAIN, 3rd CROSS, JAKKASANDRA, KORAMANGALA, 1st BLOCK, BENGALURU-560034. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1; SMT. JAYASHREE PATIL, ADV. FOR R2) THIS W.P. IS FILED UNDER ARTICLES UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.452/2021 PENDING ON THE FILE XXXII ADDL CHIEF JUDICIAL MAGISTRATE, BENGALURU AGAINST PETITIONERS ARISING OUT OF CRIME NO.63/2020 OF BASAVANAGUDI WOMEN'S POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A) OF IPC AND VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:31932 WP No. 24067 of 2025 ORAL ORDER This petition is filed by the petitioners/accused seeking quashing of proceedings pending in C.C.No.452/2021 for the offences punishable under Section 498A of IPC. 2. Respondent No.2, the defacto complainant, who is also the wife of petitioner No.1, is present before this Court. Upon enquiry, she submits that she has amicably resolved her dispute with her husband, and the marriage between the parties has now been dissolved by the competent Family Court in M.C.No.4052/2025. She further submits that, in terms of the settlement reached between the parties, she has undertaken to withdraw the complaint which led to the registration of the crime and the subsequent filing of the charge sheet in C.C.No.452/2021. 3. It is evident from the record that both spouses have given full and final quittance to their dispute by seeking resolution of their marital issues through the Family Court. The defacto complainant/wife has expressed her willingness to withdraw all allegations made against the petitioner/husband. While it is noted that the offence under Section 498A of the - 4 - HC-KAR NC: 2025:KHC:31932 WP No. 24067 of 2025 Indian Penal Code is not compoundable, this Court observes that the dispute arises primarily between the husband and wife, no heinous or grievous crime is reported, and the dissolution of marriage has been effected by a competent Family Court. 4. Considering the above, and in order to prevent abuse of the process of law, this Court is of the view that it would be just and appropriate to quash the pending criminal proceedings. In the interest of justice, and taking into account the settlement and dissolution of marriage, the continuation of proceedings serves no purpose and is liable to be set aside. 5. Accordingly, the petition is allowed. The proceedings pending in C.C.No.452/2021, on the file of the XXXII Additional Chief Judicial Magistrate, Bengaluru, for the offence punishable under Section 498A of the Indian Penal Code, 1860, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SMJ List No.: 2 Sl No.: 182