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High Court of Karnataka · body

2025 DAILYLAW 86500 (KAR)

MR NAGARAJA S v. STATE OF KARNATAKA

CRL.P/13801/2025 · 2025-11-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45423 CRL.P No. 13801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13801 OF 2025 BETWEEN: MR. NAGARAJA S., S/O. SHIVARAMA, AGED ABOUT 43 YEARS, R/AT NO.28/7, K.C. PUTTANNA ROAD, DODDAMAVALLI, NEAR MINERVA CIRCLE, BENGALURU - 560 004. PRESENTLY EMPLOYED AND R/AT 20401, N 19TH AVENUE, PHOENIX, ARIZONA USA. …PETITIONER (BY SRI. RAGHAVENDRA S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY MADDUR POLICE STATION BY SPP, HIGH COURT, BENGALURU- 571 428. 2. MRS. A.V. RASHMI, W/O. MR. NAGARAJ S., AGED ABOUT 36 YEARS, R/AT C/O S.B. NANJAIAH, SRI NANJUNDESHWARA NILAYA, V.V. NAGARA, KALLAHALLI, MADDUR CITY-571 401. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; R2- PRESENT) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45423 CRL.P No. 13801 of 2025 THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.1880/2013 REGISTERED BY THE 1ST RESPONDENT VIDE FIR IN CR.NO.328/2013, FOR THE OFFENCES P/U/S 498(A),143,147,448,323,504,506 R/W 149 OF IPC, PENDING BEFORE THE 2nd ADDL. CIVIL JUDGE, MADDURU AGAINST THE PETITIONERS HEREIN VIDE ANNEXURE A, B AND C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The Criminal Proceedings in C.C.No.1880/2013 pending on the file of II Additional Civil Judge, Madduru, is sought to be quashed in this petition. 2. The second respondent herein, wife of the petitioner, set the law into motion by lodging a complaint at Madduru Police Station in Crime No.328/2013, against petitioner and others, alleging offence punishable under Sections 3 and 4 of the Dowry Prohibition Act, Sections 506, 498A, 504, 143, 147, 149 and 323 of IPC. - 3 - HC-KAR NC: 2025:KHC:45423 CRL.P No. 13801 of 2025 3. FIR was registered against 11 accused. On completion of investigation charge sheet was filed against all the accused. 4. It is brought to the notice of the Court that insofar as accused Nos.3 to 11, this Court has quashed the proceedings in Criminal Petition No.5679/2014 vide order dated 26.09.2019, which is not in dispute. The trial was directed to be proceeded against accused Nos.1 and 2 in the said order. 5. It is submitted that accused No.2 is no more and the case against the said accused has been abated. Hence, the petitioner is the sole accused facing trial. 6. The matter arises out of a matrimonial dispute, wherein, it is submitted that the parties have settled the dispute and respondent No.2 has no objection to quash the proceedings now pending against the petitioner. - 4 - HC-KAR NC: 2025:KHC:45423 CRL.P No. 13801 of 2025 7. Attention is drawn to the order passed by the Court of Senior Civil Judge, Madduru in MC No.58/2025, which petition was allowed on 14.08.2025 and the marriage of the petitioner with respondent No.2 was dissolved by way of decree of divorce. The said petition was filed under Section 13(B) of Hindu Marriage Act, 1955 by both the parties. 8. Respondent No.2 is present before the Court. She is identified by the learned counsel for the petitioner. She has submitted that the matter has been settled and she is not interested to proceed further in the case and she has no objection to quash the proceedings pending against the petitioner. 9. In the light of the above, no purpose will be served in keeping the criminal proceedings pending against the petitioner, as it will be a futile exercise. The interest of justice warrants that the dispute is set at naught, as the parties have already entered into an - 5 - HC-KAR NC: 2025:KHC:45423 CRL.P No. 13801 of 2025 amicable settlement and a decree of divorce has been passed by mutual consent. Hence, the following: ORDER (i) Petition is allowed. (ii) The entire Criminal Proceeding in C.C.No.1880/2013 pending before the II Additional Civil Judge, Madduru, is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE DS CT:TSM List No.: 1 Sl No.: 8