Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 86340 (KAR)

SRI KUSHEEL K V v. STATE OF KARNATAKA

CRL.P/2404/2024 · 2025-09-11

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36106 CRL.P No. 2404 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 2404 OF 2024 BETWEEN: 1. SRI. KUSHEEL K V S/O K S VENU, AGED ABOUT 34 YEARS, R/AT FLAT NO S-4, 2ND SHRI SAI DHAM, APARTMENTS, 1ST AVENUE NEAR 14TH MAIN, SHUBH ENCLAVE, HARALURU ROAD, OFF. SARJAPURA ROAD, BANGALORE - 560 102. 2. SRI. K S VENU S/O K V SIDDAPPA, AGED ABOUT 61 YEARS, R/AT NO.61, 6TH MAIN, TROPHICAL PARADISE APARTMENTS, KOODLU, BANGALORE-560068. 3. SMT. NEELU W/O K S VENU, AGED ABOUT 65 YEARS, R/AT NO.61, 6TH MAIN, TROPHICAL PARADISE APARTMENTS, KOODLU, BANGALORE-560068. …PETITIONERS (BY SRI. VIRUPAKSHAIAH P H., ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36106 CRL.P No. 2404 of 2024 AND: 1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, BELLANDURU POLICE STATION, BANGALORE. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. SMT. PREETHI W/O KAUSHEEL K V, D/O SUNIL KUMAR TIWARI, AGED ABOUT 33 YEARS, NO.146/1, 9TH CROSS, 4TH MAIN LAKKASANDRA, EXTNESION WILSON GARDEN, BENGALURU CITY - 560 030. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. N.VIVEKANANDA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED 15.10.2022 VIDE ANNEXURE-C AND ENTIRE PROCEEDINGS IN C.C.NO.36431/2022, ON THE FILE OF XLI ACMM, BANGALORE VIDE ANNEXURE-G FOR THE OFFENCE P/U/S 498A, 504, 506 R/W SEC. 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, 1961. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:36106 CRL.P No. 2404 of 2024 ORAL ORDER This petition is filed by the husband and in-laws of the respondent No.2/complainant seeking quashing of the proceedings pending in C.C.No.36431/2022. 2. Today, a joint memo has been placed on record by the petitioners and respondent No.2, invoking the provisions of Section 482 read with Section 320 of the Code of Criminal Procedure, seeking quashing of the criminal proceedings in view of the settlement of their matrimonial dispute and the dissolution of marriage in M.C.No.5204/2022. It is stated that, pursuant to the memorandum of settlement recorded before the Mediation Centre, the marriage between petitioner No.1 and respondent No.2 has been dissolved by a decree of divorce, and respondent No.2 has received a sum of Rs.10,00,000/- by way of demand draft towards full and final settlement of all her claims. On the strength of the said settlement, respondent No.2 has expressed her - 4 - HC-KAR NC: 2025:KHC:36106 CRL.P No. 2404 of 2024 consent for quashing the proceedings against the petitioners. 3. Respondent No.2/complainant is present before this Court. On being queried, she candidly acknowledges that the dispute between her and petitioner No.1/husband has been amicably resolved; that their marriage has been dissolved in M.C.No.5204/2022; and that she has received the settled amount of Rs.10,00,000/- in terms of the compromise. She further affirms that she does not wish to prosecute the criminal case and has no objection to the proceedings being brought to an end. 4. Having regard to the above circumstances, this Court is of the considered opinion that, although the offence punishable under Section 498A of the IPC is non- compoundable, the dispute out of which the criminal case arose is purely matrimonial in nature. Since the parties have voluntarily settled their differences, obtained a decree of divorce, and resolved all monetary and property issues, the continuation of criminal proceedings would - 5 - HC-KAR NC: 2025:KHC:36106 CRL.P No. 2404 of 2024 serve no fruitful purpose and would amount to an abuse of the process of law. In order to secure the ends of justice, this Court finds it appropriate to exercise its inherent jurisdiction under Section 482 of the Cr.P.C. and to quash the proceedings in C.C.No.36431/2022. 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The petition is hereby allowed. (ii) The proceedings pending in C.C.No.36431/2022 on the file of the learned 41st Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 498A, 504, and 506 read with Section 34 of the IPC, insofar as they relate to the petitioners, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 4 Sl No.: 7