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2025 DAILYLAW 83819 (KAR)

SMT. TAMASHREE DEB v. MRS. SARASWATHI

CRL.P/4450/2023 · 2025-10-16

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41282 CRL.P No. 4450 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 4450 OF 2023 BETWEEN: 1. SMT. TAMASHREE DEB W/O RAHUL JOHARI AGED ABOUT 36 YEARS NOW AT R/AT NO 53/41, SUMUKA BUILDING, 22ND CROSS, HULIMAVU BANGALORE - 560 076 …PETITIONER (BY SMT. RADHIKA M., ADVOCATE) AND: 1. MRS. SARASWATHI W/O LOHITH AGED ABOUT 31 YEARS, NO.31, SHUBA RESIDENCY, FLAT NO.402, 24TH MAIN ROAD, 4TH CROSS, JP NAGAR, 7TH STAGE, BANGALORE - 560 078 2. STATE OF KARNATAKA BY WOMEN POLICE STATION, Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41282 CRL.P No. 4450 of 2023 EAST ZONE, SHIVAJINAGAR BANGALORE - 560 070 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R2 R1 IS SERVED AND UNREPRESENTED) THIS CRL.PETITION IS FILED UNDER SECTION 482 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.67/2023 FOR THE OFFENCES P/U/S.498A,323,504,506 OF IPC AND SEC.4 OF DP ACT OF WOMEN POLICE STATION, EAST ZONE SHIVAJINAGAR BENGALURU WHICH IS PENDING BEFORE THE LEARNED 6th ACMM, BENGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:41282 CRL.P No. 4450 of 2023 ORAL ORDER The dispute between respondent No.1 and her husband resulted in respondent No.1 making a criminal complaint against her husband and several other persons associated with him and the petitioner herein is one such person. It is submitted that the petitioner is not a relative of respondent No.1 or her husband. It is further submitted that based on the complaint of respondent No.1, an FIR in Crime No.0067/2023 on the file of VI Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City, came to be registered for the offences under Sections 498A, 323, 504 and 506 of the Indian Penal Code, 1860 (for short, 'the IPC') read with Section 4 of the Dowry Prohibition Act, 1961, in which accused No.1 is the husband of respondent No.1 herein and the petitioner herein is made as respondent No.2. It is further submitted that pursuant to filing of the FIR, there has been a compromise between respondent No.1 and her husband, which has resulted in a decree of divorce being - 4 - HC-KAR NC: 2025:KHC:41282 CRL.P No. 4450 of 2023 granted to them. In the said compromise there is a reference made to Crime No.0067/2023 and respondent No.1 has agreed to withdraw the said petition. However, it is submitted that after obtaining the divorce respondent No.1 has failed to attend the Court and make necessary submissions as per the undertaking given in the mediation proceedings between herself and her husband. It is also submitted that she is not pursuing the said criminal case also. 2. The learned High Court Government Pleader, upon instructions, submits that no adverse material has been found against the petitioner herein and that he has no objection for quashing of the proceedings in Crime No.0067/2023, insofar as it relates to the petitioner is concerned. 3. Admittedly, the petitioner is not related to respondent No.1 or her husband. There is already a compromise between respondent No.1 and her husband wherein respondent No.1 has undertaken to withdraw the - 5 - HC-KAR NC: 2025:KHC:41282 CRL.P No. 4450 of 2023 allegations made in Crime No.0067/2023 and cooperate for quashing of the same though there are allegations made against the petitioner herein for the offences under Sections 498A, 323, 504, 506 and 34 of the IPC and Section 4 of the Dowry Prohibitions Act, 1961. 4. The learned High Court Government Pleader has also submitted that no incriminating material has been found against the petitioner herein. 5. For the aforementioned reasons, the Criminal Petition is hereby allowed. The proceedings in Crime No.0067/2023, pending on the file of the VI Addl.Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City is hereby quashed insofar as it relates to the petitioner herein is concerned. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 28