Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30839 CRL.P No. 7456 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 7456 OF 2024
BETWEEN:
1.
MANISH GHOSH S/O MANGALMAY GHOSH, AGED ABOUT 34 YEARS, RESIDING AT NO.310, B BLOCK, MAHAVEER RIDGE APARTMENT, BEGUR KOPPA ROAD, YALENAHALLI, HULIMAVU, BANGALORE - 560 068.
2.
MANGALMAY GHOSH S/O GOURCHANDRA GHOSH, AGED ABOUT 67 YEARS, RESIDING AT NO.133/3, PILKHANA ROAD, RANIBAGAN, BERHAMPORE, MUSHIDABAD, WEST BENGAL - 742 101.
3.
MADHABI GHOSH W/O MANGALMAY GHOSH, AGED ABOUT 64 YEARS, R/AT NO.133/3, PILKHANA ROAD, RANIBAGAN, BERHAMPORE,
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30839 CRL.P No. 7456 of 2024
MUSHIDABAD, WEST BENGAL - 742 101. …PETITIONERS (BY SRI. KIRAN KUMAR B M., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA SOUTH EAST WOMENS POLICE STATION, BANGALORE - 560 030.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
2.
SMT. RITUPARNA PATRA W/O MANISH GHOSH, AGED ABOUT 34 YEARS, PRESENTLY RESIDENT AT 3RD CROSS ROAD, GREEN HOUSE LAYOUT, ELECTRONIC CITY, BANGALORE - 560 100. …RESPONDENTS (BY SRI. M. R. PATIL., HCGP FOR R1;
SRI. ABHISHEK CHARAN, ADVOCATE FOR SMT. ZUBAIDA A., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS PENDING ON THE FILE OF THE XXXIX ACMM AT BANGALORE IN CC.NO.20625/2024 IN CR.NO.17/2024 REGISTERED BY THE SOUTH EAST WOMENS P.S., MADIVALA SUB DIVISION, BANGALORE, OFFENCES P/U/S 498-A, 323, 506, 509, 34 OF IPC, 3 AND 4 OF DP ACT, INITIATED AGAINST THE PETITIONERS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:30839 CRL.P No. 7456 of 2024
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned petition is filed seeking quashing of the proceedings pending in C.C.No.20625/2024 in Crime No.017/2024, for the offenses punishable under Sections 498A, 323, 506, 509 and 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. 2. Today, a joint affidavit duly signed by all parties has been filed before this Court, evidencing an amicable settlement of the disputes between them. The brother of respondent No.2/complainant is present in person before this Court. Respondent No.2/complainant has also appeared through virtual mode. She has been duly identified by her learned counsel on record as well as by her brother present in Court. 3. Upon specific query by this Court, respondent No.2/complainant has unequivocally stated that the matrimonial dispute between her and petitioner No.1, as
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HC-KAR NC: 2025:KHC:30839 CRL.P No. 7456 of 2024
well as the related grievances involving petitioner Nos.2 and 3 (her in-laws), has been resolved amicably in terms of a settlement recorded in M.C. No.4048/2025 on the file of the competent Family Court. She further acknowledges that, under the terms of the settlement, she had already received a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) by way of demand draft. 4. It is placed on record that, in further performance of the settlement terms, the balance sum of Rs.3,00,000/- (Rupees Three Lakhs Only) has been paid today by way of demand draft. The said demand draft has been handed over by the learned counsel for the petitioners to the brother of respondent No.2 in open Court, and the receipt thereof has been duly acknowledged. 5. In view of the above developments, it is manifest that the dispute between the parties is purely matrimonial in nature and has arisen out of domestic
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HC-KAR NC: 2025:KHC:30839 CRL.P No. 7456 of 2024
discord between husband and wife, also involving the in- laws. Now that the wife—respondent No.2 herein has voluntarily entered into a lawful settlement without any coercion or undue influence, and has specifically tendered her no objection to the quashing of the proceedings, there remains no impediment in allowing the parties to compound the offences. 6.
Having regard to the nature of the dispute, the settlement arrived at, and the fact that the complainant herself has expressed no desire to pursue the matter further, this Court is of the considered opinion that the continuation of the criminal proceedings would be an abuse of the process of law and would not serve the ends of justice. Accordingly, the joint affidavit filed by the parties is taken on record. Permission is accorded to the parties to compound the offences in view of the lawful settlement placed before this Court. - 6 -
HC-KAR NC: 2025:KHC:30839 CRL.P No. 7456 of 2024
7. In view of the joint affidavit, this Court proceeds to pass the following:
ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in Crime No.17/2024 of South East Women Police Station, Bengaluru, now pending as C.C. No.20625/2024 on the file of the XXXIX Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 498(A), 323, 506, 509, 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, in so far as they relate to petitioner Nos.1 to 3, are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 4 Sl No.: 3