Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36679 CRL.P No. 12061 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12061 OF 2025
BETWEEN:
SRI VINEETH R S S/O P. RAJENDRAN, AGED 39 YEARS, R/AT. NANDANAM, T. C. NO.33/2095, VATTIYOORKKAVU. P. O, THIRUVANTHAPURAM DISTRICT, KERALA- 695013. …PETITIONER (BY SRI. NAIK NARAYAN MASTAPPA.,ADVOCATE) AND:
1.
STATE OF KARNATAKA BY H. A. L POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560001
2.
SMT. K. PREETHI, D/O. K. RAMAKRISHNAN, AGED 39 YEARS,
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36679 CRL.P No. 12061 of 2025
R/OF VENKATESWARA NIVAS, NAGARIPURAM POST, MANNUR, PALAKKAD TALUK AND DISTRICT, KERALA-678641 …RESPONDENTS (BY SRI ANOOP KUMAR, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.54183/2017 (CRIME NO.643/2016) PENDING ON THE FILE OF THE HONBLE XXIX ACMM MAYOHALL AT BENGALURU PRODUCED AT ANNEXURE C AND D FOR THE OFFENCE P/US/ 498-A,323,504,506 OF IPC R/W SEC.3 AND 4 OF DP ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER
Today, a joint memo of settlement has been placed on record, duly signed by both the petitioner and respondent No.2/complainant. Respondent No.2 is present before this Court and, on being specifically queried, has unequivocally admitted that her marriage with the petitioner stood dissolved pursuant to a joint petition filed under Section 13B of the Hindu
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HC-KAR NC: 2025:KHC:36679 CRL.P No. 12061 of 2025
Marriage Act, 1955 in O.P. No.1710/2023 on the file of the Family Court, Palakkad.
2. Respondent No.2 has further submitted that, in view of the dissolution of their marriage by mutual consent, she has no subsisting grievance or claim against the petitioner. She has categorically stated that she has no objection to the quashing of the criminal proceedings pending in C.C. No.54183/2017 (arising out of Crime No.643/2016) on the file of the XXIX Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru, which have been instituted for the offences punishable under Sections 498-A, 323, 504, 506 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. On consideration of the settlement placed on record and the fact that the parties have already secured a decree of divorce by mutual consent, this Court is of the view that the substratum of the matrimonial dispute no longer survives. The continuation of criminal proceedings in the peculiar facts of the present case would serve no useful purpose and would instead result in unnecessary harassment to the parties who have chosen to part ways amicably. Though the offence punishable
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HC-KAR NC: 2025:KHC:36679 CRL.P No. 12061 of 2025
under Section 498-A of IPC is, in terms of the statute, non- compoundable, the Supreme Court has consistently held that, in exercise of inherent powers under Section 482 Cr.P.C., criminal proceedings arising out of matrimonial discord may be quashed where the parties have settled their disputes and have decided to live separately. Having regard to the settlement and to secure the ends of justice, this Court deems it appropriate to bring the proceedings to a close.
ORDER i) The Criminal Petition is allowed. ii) The proceedings in C.C. No.54183/2017 (Crime No.643/2016), pending on the file of the learned XXIX Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru, for the offences punishable under Sections 498-A, 323, 504, 506 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, are hereby quashed.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE BKM