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2025 DAILYLAW 83545 (KAR)

SRI KARTHIK B K v. STATE OF KARNATAKA

CRL.P/11914/2025 · 2025-08-20

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32511 CRL.P No. 11914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11914 OF 2025 BETWEEN: SRI KARTHIK B K AGED ABOUT 39 YEARS S/O.B.S.KRISHNAMURTHY, R/AT.NO.240, NAGASHREE NILAY, HOLALKERE ROAD, CHITRADURGA - 577 501 …PETITIONER (BY SRI. S.G. MUNISWAMY GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION BY ITS STATE PUBLIC PROSECUTOR OFFICE OF THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001 2. SMT. SHARANYA K.P. AGED ABOUT 36 YEARS D/O. PARTHASARATHI R/AT NO.36/114, SHIVKRUPA, GROUND FLOOR, 3RD CROSS, ANKAPPA LAYOUT, KRISHNA NAGAR, CHHIKKALASANDRA, BANGALORE - 560 061 …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 SRI. RAGHAVENDRA D.P., ADVOCATE FOR R2) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32511 CRL.P No. 11914 of 2025 THIS CRL.P. IS FILED U/S. 482 (FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.19099/2022 ON THE FILE OF THE XXXVII ADDL. CJM AT BENGALURU REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 504,506 OF IPC R/W SEC.4 OF DP ACT IN CRIME NO.81/2022 OF BASAVANAGUDI POLICE STATION AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This is a Husband's petition seeking quashing of the proceedings pending in C.C.No.19099/2022 for the offence punishable under Sections 498A, 504, 506 of IPC and Section 4 of the Dowry Prohibition Act, 1961. 2. Today, a joint affidavit has been filed by the petitioner/husband and the 2nd respondent/wife. Along with the joint affidavit, the memorandum of settlement recorded before the Mediation Centre in M.C.No.4543/2023 is also placed on record. In terms of the said settlement, the marriage between the petitioner - 3 - HC-KAR NC: 2025:KHC:32511 CRL.P No. 11914 of 2025 and the 2nd respondent stands dissolved by mutual consent. As part of the settlement, the petitioner/husband has agreed to pay a sum of Rs.10,00,000/- towards permanent alimony to the 2nd respondent. In compliance with the said terms, a demand draft for the aforesaid amount has been produced before this Court today and the same has been handed over to the 2nd respondent/wife. The memorandum of settlement at paragraph No.8 further records that the 2nd respondent/wife has agreed to extend her cooperation for quashing of the criminal proceedings pending in C.C.No.19099/2022. 3. This Court, on making a specific query to the 2nd respondent/wife, who is present before the Court, has ascertained the genuineness of the settlement. She has acknowledged that the dispute between herself and the petitioner/husband has been amicably resolved and, in terms of the settlement, a sum of Rs.20,00,000/- had already been received by her children towards full and - 4 - HC-KAR NC: 2025:KHC:32511 CRL.P No. 11914 of 2025 final settlement, and the balance sum of Rs.10,00,000/- out of the total settlement amount of Rs.30,00,000/- has been received by her today. She has further affirmed that she has voluntarily undertaken to cooperate in quashing the criminal proceedings pending in C.C.No.19099/2022. 4. In view of the fact that the matrimonial dispute between the petitioner/husband and the 2nd respondent/wife has been amicably settled and the parties have resolved to give a quietus to the litigation, this Court is of the opinion that continuation of the criminal proceedings would serve no useful purpose and would amount to abuse of process of law. Accordingly, in exercise of powers under Section 482 of the Code of Criminal Procedure, this Court deems it just and proper to quash the proceedings. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Criminal petition is allowed. - 5 - HC-KAR NC: 2025:KHC:32511 CRL.P No. 11914 of 2025 (ii) The criminal proceedings pending in C.C.No.19099/2022 stand quashed in terms of the memorandum of settlement entered into between the petitioner and the 2nd respondent/wife. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NG List No.: 1 Sl No.: 14