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2025 DAILYLAW 83891 (KAR)

SHIVAKUMAR J @ SHIVAKUMAR v. THE STATE OF KARNATAKA

CRL.P/10258/2024 · 2025-11-26

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49082 CRL.P No. 10258 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10258 OF 2024 BETWEEN: 1. SHIVAKUMAR J @ SHIVAKUMAR AGED ABOUT 34 YEARS, S/O JANAKIRAM, 2. SOWBAGHYA @ SOUBHAGYA AGED ABOUT 56 YEARS, W/O JANAKIRAM, 3. JANAKIRAM N AGED ABOUT 64 YEARS, S/O LATE NARASAPPA, 4. VINUTA J D/O JANAKIRAM, W/O SUBRAMANYA, AGED ABOUT 38 YEARS, PETITIONERS NO.1 TO 4 ARE RESIDING AT NO. 11/1, 3RD CROSS, 5TH MAIN ROAD, V R PURAM, P. G. HALLI, BANGALORE - 560 003. 5. JAYARAMAPPA S/O LATE DODDACHINNAPPA, AGED ABOUT 54 YEARS, R/AT GURAPANNA MATA Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49082 CRL.P No. 10258 of 2024 WARD NO. 19 VIJAYAPURA TOWN DEVANAHALLI, BENGALURU - 562 135. …PETITIONERS (BY SRI. G. PRITHVIRAJ SHASTRY, ADVOCATE FOR SRI. G. BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH WOMEN POLICE STATION, DODDABALLAPUR, REPRESENTED BY SPP HIGH COURT - 560 001. 2. ANUSHA H. R. D/O RAMACHANDRAPPA, AGED ABOUT 29 YEARS, HEGGADEHALLI VILLAGE, TUBAGERE HOBLI, DODDABALLAPURA TALUK - 561 205. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. B. MANOJ, ADVOCATE FOR SRI. M. DEVARAJA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR CR. NO. 96/2023 COMPLAINT AND THE ENTIRE PROCEEDINGS IN C.C.NO.1790/2024 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT, DODABALLAPURA REGISTERED BY WOMENS PS, DODDABALLAPURA FOR OFFENCES UNDER SEC 498A, 323, 504, 506 R/W 149 OF THE IPC R/W SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT. - 3 - HC-KAR NC: 2025:KHC:49082 CRL.P No. 10258 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the entire proceedings in CC.No.1790/2024 pending before the Court of learned Additional Civil Judge and JMFC Court, Doddaballapura. 2. The FIR is registered on a complaint lodged by respondent No.2 herein against the petitioners, in Crime No.96/2023 of Women Police Station, Bangalore District for the offence punishable under Section 498A, 323, 504, 506, 149 IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. 3. Charge sheet is filed for the offence punishable under Section 498A, 323, 342, 504, 506 read with 149 of IPC and Section 3 and 4 of the Dowry Prohibition Act. 4. The Learned counsel appearing for the parties would submit that the matter has been settled, pursuant to - 4 - HC-KAR NC: 2025:KHC:49082 CRL.P No. 10258 of 2024 which the decree of divorce has been passed by the Court of Additional Senior Civil Judge and JMFC, Doddaballapura in M.C.No.118/2025 under Section 13B of the Hindu Marriage Act. Memo is filed stating that in terms of the divorce granted by mutual consent, respondent no. 2 / defacto complainant has received Rs.12,00,000/- and she has undertaken to withdraw all the pending cases. Along with the memo, the order passed in M.C.No.118/2025 is enclosed, wherein the parties have agreed that all pending litigations as against each other shall be withdrawn. It is also mentioned that the second petitioner therein / petitioner No.1 herein has paid a sum of Rs.12,00,000/- to the petitioner No.1 / second respondent herein. 5. Petitioner No.1 and respondent No.2 herein are present before the Court. They have acknowledged the settlement taken place. Respondent No.2 submits that in view of the settlement, she is not interested in proceeding with the case and she has no objection to quash the proceedings. - 5 - HC-KAR NC: 2025:KHC:49082 CRL.P No. 10258 of 2024 6. The matter arises out of a matrimonial dispute, wherein the parties have obtained a decree of divorce by mutual consent and agreed to Withdraw all the cases. In view of the same, no useful purpose will be served by keeping the proceedings pending against the petitioners. In the interest of justice, it is just and proper to quash the proceedings. Accordingly the following:- ORDER i) Petition is allowed. ii) The entire proceedings in CC.No.1790/2024 pending on the file of Additional Civil Judge and JMFC Court, Doddaballapura are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 23 CT-SG