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2025 DAILYLAW 87295 (KAR)

KANTHARAJ v. STATE OF KARNATAKA

CRL.P/10547/2025 · 2025-08-01

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30119 CRL.P No. 10547 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10547 OF 2025 BETWEEN: 1. KANTHARAJ S/O RAMAKRISHNAPPA AGED ABOUT 31 YEARS 2. LAXMAMMA W/O RAMKRISHNAPPA AGED ABOUT 55 YEARS 3. NANDINI W/O RAJAREDDY AGED ABOUT 55 YEARS. 4. RAJAREDDY @ RAJASHEKARA REDDY S/O GANGA REDDY AGED ABOUT 34 YEARS 5. RAMU @ RAM REDDY S/O GANGA REDDY AGED ABOUT 27 YEARS ALL ARE RESIDING AT BALEPURA VILLAGE CHANNANARAYANAPATANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 135. …PETITIONERS (BY SRI. VISHNUMURTHY, ADVOCATE) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30119 CRL.P No. 10547 of 2025 AND: 1. STATE OF KARNATAKA BY CHANNANARAYANAPATNA P.S. BANGALORE RURAL R/P BY SPP HIGH COURT OF KARNATAKA BANGALORE.-01 2. PRANEETHA W/O KANTRAJ AGED ABOUT 26 YEARS R/AT BALEPURA VILLAGE CHANNNARAYANAPATNA HOBLI DEVANAHALLI TALUK BNAGALORE RURAL DISTRICT-562 135. …RESPONDENTS (BY SRI. RAHUL RAI .K, ADVOCATE FOR R1; SMT. VASANTHALAKSHMI .H.V., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.4771/2019, AGAINST THEM FOR THE OFFENCE P/U/S 323, 504, 506, 498(A), 109 R/W 34 OF IPC, PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, DEVANAHALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:30119 CRL.P No. 10547 of 2025 ORAL ORDER A joint memo has been filed by the petitioner/husband and respondent No.2/wife, indicating that the parties have amicably resolved all their disputes. As per the terms of settlement, the respondent No.2/wife has agreed to give her consent for divorce, upon the petitioner/husband paying a total sum of Rs.9,00,000/- (Rupees Nine Lakhs only) towards full and final settlement of all claims. 2. It is brought to the notice of this Court that a sum of Rs.4,00,000/- has already been paid to the respondent No.2 by way of demand draft, and the balance amount of Rs.5,00,000/- is agreed to be paid at the time of obtaining orders in M.C.No.54/2022 and Criminal Appeal No.26/2024, which are also filed between the parties. - 4 - HC-KAR NC: 2025:KHC:30119 CRL.P No. 10547 of 2025 3. In view of the amicable settlement and in light of the fact that respondent No.2/complainant has agreed to withdraw all allegations which led to the registration of Crime No.48/2019, and considering the fact that the dispute arises out of a matrimonial discord, which has now been resolved, this Court is of the view that no useful purpose would be served by continuing the criminal proceedings. The matter being private in nature, continuance of prosecution would amount to abuse of process of law. 4. This is therefore a fit case for exercising powers under Section 320 of Cr.P.C. read with Section 482 of Cr.P.C. to permit the parties to compound the offences and to bring a quietus to the entire dispute. 5. Accordingly, the joint memo is taken on record. The entire proceedings in C.C.No.4771/2019, arising out of Crime No.48/2019, pending on the file - 5 - HC-KAR NC: 2025:KHC:30119 CRL.P No. 10547 of 2025 of the Principal Civil Judge (Jr.Dn.) & JMFC, Devanahalli, Bengaluru Rural District, for the offences punishable under Sections 323, 504, 506, 498A read with Section 34 of IPC, are hereby quashed in view of the settlement arrived at between the parties. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 56