Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31692 CRL.P No. 6646 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 6646 OF 2024 BETWEEN:
1.
DR. SANTHOSH GAUR S/O MR. SHILENDRA KUMAR GAUR, AGED ABOUT 47 YEARS, R/O 3RD FLOOR, NO 13, 6TH CROSS, 100 FT ROAD, SRINIVAGILU KORAMANGALA, VIVEK NAGAR BANGALORE - 560 047.
2.
MR. SHAILENDRA GAUR S/O BHANUPRATAP SINGH, AGED ABOUT 79 YEARS, R/AT H. NO. 12, HOLIDARWAZA, ETAH TEHSIL, DIST. ETAH.
3.
MR. TAPAN KHILARIWAL AGED ABOUT 51 YEARS, R/O E3/5, DRDO TOWNSHIP, PHASE 1, C V RAMAN NAGAR, BENGALURU - 560 093.
4.
MRS. ANJALI KHILARIWAL W/O TAPAN KHILARIWAL AGED 45 YEARS, PERMANENT R/O E-3/5, DRDO TOWNSHIP, PHASE 1, C V RAMAN NAGAR, BENGALURU - 560 093. …PETITIONERS (BY SRI. SONIA RAJESH, ADVOCATE)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31692 CRL.P No. 6646 of 2024
AND:
1.
STATE OF KARNATAKA REPRESENTED BY SHO, JEEVAN BHEEMANAGARA PS, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
DR. SANDHYA MISHRA W/O DR. SANTOSH GAUR, AGED ABOUT 44 YEARS, R/AT L-72, DIAMOND DISTRICT, DOMLUR, BENGALURU CITY, KARNATAKA - 560 008. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. JAMES P. ARUN KUMAR, ADVOCATE OR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO a) QUASH THE FIR IN CR.NO.58/2022 DATED 21.03.2022 PENDING BEFORE THE 10tH ACMM MAYO HALL BENGALURU AGAINST THE PETITIONERs WHO ARE ARRAIGNED AS ACCUSED PERSONS NO.1 TO 4 FOR THE ALLEGED OFFENCE P/U/S 498-A OF IPC, SEC. 3 AND 4 OF DP ACT 1961 FILED BY THE JEEVAN BHEEMA NAGAR P.S., THAT IS THE RESPONDENT NO.1.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2025:KHC:31692 CRL.P No. 6646 of 2024
ORAL ORDER
This petition is filed by the husband and in-laws, seeking to quash the proceedings pending in C.C. No. 55052/2022 on the file of 10th Additional Chief Judicial Magistrate, Bengaluru, for the offence punishable under Section 498-A of IPC read with Sections 3 & 4 of the Dowry Prohibition Act, 1961.
2. Today, the petitioner–husband along with his family members and the second respondent–complainant are present before this Court. An application under Section 320 read with Section 482 of the Cr.P.C. has been filed seeking quashing of the proceedings. The complainant, who is present before this Court, acknowledges that the matrimonial disputes have been amicably settled, and in terms of the mediation agreement recorded in M.C. No.575/2022, the marriage between the petitioner and the second respondent stands dissolved. Pursuant to the settlement, the petitioner–husband has handed over a
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HC-KAR NC: 2025:KHC:31692 CRL.P No. 6646 of 2024
demand draft for a sum of Rs.35,00,000/-, which has been duly received by the second respondent–complainant.
3. In view of the amicable settlement in M.C. No.575/2022, this Court is of the opinion that the dispute being purely matrimonial in nature between the parties, and no heinous offence being involved, the continuation of proceedings would amount to abuse of process of law. Since the marriage now stands dissolved and the second respondent has accepted a sum of Rs.35,00,000/- towards full and final settlement, this Court proceeds to pass the following:
ORDER (i) The petition is allowed; (ii) The proceedings in C.C.No.55052/2022 pending on the file of the 10th Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.58/2022 registered at Jeevan Bheema Nagar Police Station for the offence punishable under Section 498-A
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HC-KAR NC: 2025:KHC:31692 CRL.P No. 6646 of 2024
of IPC read with Sections 3 and 4 of the Dowry Prohibition Act, are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
YN List No.: 2 Sl No.: 45