Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37375 WP No. 27458 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 WRIT PETITION NO. 27458 OF 2025 (GM-RES) BETWEEN:
1.
SRI PARAMESHA B S/O SRI. BALAKRISHNA, AGED ABOUT 37 YEARS, R/AT PALAHALLI VILLAGE, OPPOSITE CUTE RESORT, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 606.
PRESENTLY RESIDING AT:
NO. EWS 507, SRI SIDDAPPAJI NILAYA, 2ND STAGE, M - BLOCK, KUVEMPUNAGAR, MYSURU - 570 023.
2.
SMT. PREMA M R, W/O SRI. BALAKRISHNA P, AGED ABOUT 59 YEARS
3.
SRI. BALAKRISHNA P, S/O PUTTARAMEGOWDA, AGED ABOUT 63 YEARS.
PETITIONERS NO.2 AND 3 ARE THE RESIDENTS OF:
R/AT PALAHALLI VILLAGE, OPPOSITE CUTE RESORT, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 606.
… PETITIONERS (BY SRI. GOVIND BHARATH M V., ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:37375 WP No. 27458 of 2025 AND:
1.
THE STATE OF KARNATAKA REPTD BY STATION HOUSE OFFICER, MYSURU WOMEN POLICE STATION, MYSORE RURAL SUB-DIVISION, MYSURU DISTRICT.
THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
2.
SMT. KAVYA G, W/O SRI. PARAMESHA B, AGED ABOUT 23 YEARS, R/AT: NO. 44, 4TH CROSS, KUVEMPU EXTENSION, KRS MAIN ROAD, YELAWALA, MYSURU - 571 130.
PRESENTLY RESIDING AT:
NO. EWS 507, SRI SIDDAPPAJI NILAYA, 2ND STAGE, M - BLOCK, KUVEMPUNAGAR, MYSURU - 570 023.
… RESPONDENTS (BY SRI. MILASH ARROL NORONHA, ADVOCATE FOR R2;
SMT. RASHMI JADHAV, ADDL. APP FOR R1)
THIS W.P. IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA, READ WITH SECTION 482 OF CPC, 1973, PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE FIR DATED 05.11.2022, IN CRIME NO. 42/2022 REGISTERED BY THE WOMEN POLICE STATION, MYSORE RURAL SUB-DIVISION, MYSURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 504, 506, 323, 114 AND 149 OF IPC, 1860, AND SECS. 3 AND 4 OF THE DP ACT, 1961, PRODUCED AT ANNEXURE - A IN SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS 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:37375 WP No. 27458 of 2025 ORAL ORDER
This petition is filed by husband and in-laws seeking quashing of the proceedings in C.C.No. 778/2023 arising out of Crime No. 42/2022 pending on the file on the file of the XIII Additional Civil Judge and JMFC, Mysuru, for the offences punishable under Sections 498A, 504, 506, 323 read with Section 149 of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act.
2. An application is filed today under Section 482 read with Section 320 of the Code of Criminal Procedure by the petitioners and respondent No.2, seeking permission of this Court to compound the offences on the basis of an amicable settlement arrived at between the parties.
3. Respondent No.2 – the de facto complainant and wife of accused No.1 is present before the Court. On being questioned, she affirms the settlement and states that the petition for restitution of conjugal rights in M.C.
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HC-KAR NC: 2025:KHC:37375 WP No. 27458 of 2025 No.1185/2022 on the file of the III Additional Family Court, Mysuru, has been amicably settled. She further submits that she has resumed cohabitation with her husband, their relationship has been restored in terms of the settlement, and she is now happily residing in her matrimonial home.
4. In view of the statement made by respondent No.2, this Court is of the considered opinion that continuation of the criminal proceedings for the offence punishable under Section 498-A of the IPC is not warranted. Although the said offence is non- compoundable, in light of the revival of marital harmony between the parties, this Court deems it appropriate to exercise its inherent powers under Section 482 of the Cr.P.C. to secure the ends of justice and quash the proceedings.
5. Recording the statement of respondent No.2, this Court passes the following:
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HC-KAR NC: 2025:KHC:37375 WP No. 27458 of 2025
ORDER i) The petition is hereby allowed. ii) The proceedings in C.C. No.778/2023, arising out of Crime No.42/2022, pending before the Court of the XIII Additional Civil Judge and JMFC, Mysuru, for the offences punishable under Sections 498-A, 504, 506, 323 read with Section 149 of the IPC, and under Sections 3, 4, and 6 of the Dowry Prohibition Act, in so far as the petitioners are concerned, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VP