Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37565 CRL.P No. 10236 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10236 OF 2025
BETWEEN:
1.
MR. MANJUNANDAN A S/O T ANGUSWAMI, AGED ABOUT 40 YEARS, RESIDING AT NO.16, A BHUVANESHWARI, 2ND MAIN ROAD, 5TH CROSS ROAD, BYAND BOX ROAD, HONGASANDRA, BENGALURU-560068.
2.
MRS PREMA W/O T ANGUSWAMI, AGED ABOUT 58 YEARS, RESIDING AT NO. 16, A BHUVANESHWARI, 2ND MAIN ROAD, 5TH CROSS ROAD, BYAND BOX ROAD, HONGASANDRA, BENGALURU-560068.
3.
MR T ANGUSWAMI S/O V P TENNURANCHI CHETTIYAR, AGED ABOUT 62 YEARS,
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:37565 CRL.P No. 10236 of 2025
RESIDING AT NO. 16, A BHUVANESHWARI 2ND MAIN ROAD, 5TH CROSS ROAD, HONGASANDRA, BENGALURU-560068.
4.
MRS A MAHALAKSHMI W/O R V ANABALAGAN, AGED ABOUT 44 YEARS, RESIDING AT NO. 16, A BHUVANESHWARI 2ND MAIN ROAD, 5TH CROSS ROAD, BYAND BOX ROAD. HONGASANDRA. BENGALURU-560068.
5.
MRS KAVITAA P W/O LATE PERIYASWAMY, AGED ABOUT 42 YEARS, RESIDING AT NO. 16, A BHUVANESHWARI, 2ND MAIN ROAD, 5TH CROSS ROAD, BYAND BOX ROAD, HONGASANDRA, BENGALURU-560068.
6.
MR ARMUGAM T S/O V P TENNURANCHI CHETTIYAR, AGED ABOUT 52 YEARS, RESIDING AT NO. 16, A BHUVANESHWARI 2ND MAIN ROAD, 5TH CROSS ROAD, BYAND BOX ROAD,
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HC-KAR NC: 2025:KHC:37565 CRL.P No. 10236 of 2025
HONGASANDRA, BENGALURU-560068. …PETITIONERS (BY SRI. DILIP KUMAR I S., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY SRIRAMPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560009.
2.
MRS GEETHA V D/O T R VELU, AGED ABOUT 35 YEARS, RESIDING AT NO. 100/1, 3TH FLOOR, 6TH CROSS ROAD, 7TH MAIN ROAD, SRIRAMPURA, BENGALURU-570008.
…RESPONDENTS
(BY SRI. CHANDRAPPA K N., ADVOCATE FOR R2;
SRI. RAHUL RAI K., HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH ALL CRIMINAL PROCEEDINGS IN CC.NO.1234/2021 FOR THE OFFENCE P/U/S. 498(A), 504, 506, R/W 34 OF THE IPC AND SEC. 3 AND 4 OF D.P. ACT PENDING BEFORE XXXII ADDL. CJM, BENGALURU PRODUCED AS ANNEXURE-A.
THIS PETITION, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:37565 CRL.P No. 10236 of 2025
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned petition is filed by the petitioners seeking quashing of the proceedings in C.C.No.1234/2021 for the offences punishable under Sections 498(A), 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. The petitioners have filed the present joint application under Section 320(8) read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the criminal proceedings in view of the settlement arrived at between the parties. Respondent No.2 – wife is personally present before this Court. On being specifically queried, she candidly acknowledges that the marital discord between herself and petitioner No.1 has been amicably resolved in M.C.No.1581/2025. She further admits that their marriage now stands dissolved in terms of the memorandum of settlement recorded on
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HC-KAR NC: 2025:KHC:37565 CRL.P No. 10236 of 2025
03.05.2025 before the Family Court. Respondent No.2 also affirms that she has received a sum of Rs.8,70,000/- as per the terms of settlement recorded in the matrimonial proceedings.
3. It is further brought to the notice of this Court that today, in compliance with the settlement, the balance sum of Rs.3,30,000/- has been paid to respondent No.2 by way of a demand draft. On receipt of the said amount, respondent No.2 has no subsisting grievance and has submitted before this Court that she has no objection to the criminal proceedings being quashed.
4. In the light of the above settlement, though the offence under Section 498-A of the IPC is ordinarily non- compoundable, it is a settled position of law that when matrimonial disputes are amicably resolved and the parties have already secured dissolution of their marriage, insistence on continuation of criminal prosecution would be an exercise in futility. Such continuation would only
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HC-KAR NC: 2025:KHC:37565 CRL.P No. 10236 of 2025
perpetuate discord and amount to an abuse of the process of law. This Court is therefore satisfied that the present case warrants exercise of inherent jurisdiction to secure the ends of justice.
5. Accordingly, this Court proceeds to pass the following:
ORDER (i) The petition stands allowed; (ii) The proceedings in C.C.No.1234/2021 pending on the file of the learned XXXII Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 498- A, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, insofar as the petitioners are concerned, are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 4 Sl No.: 4