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2025 DAILYLAW 88020 (KAR)

HARI M v. STATE OF KARANATAKA

CRL.P/3510/2025 · 2025-07-17

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26944 CRL.P No. 3510 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3510 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. HARI M., S/O MUNIRATHNAM AGED ABOUT 30 YEARS R/AT NO.26, 2ND CROSS, 3RD MAIN ROAD, ‘SRISHTI NILAYA’, BHEL LAYOUT, VIDYARANYAPURA POST, BENGALURE. 2. MUNIRATHNAM S/O LATE C.GOPAL, AGED ABOUT 65 YEARS, 3. LAKSHMIKANTH S/O MUNIRATHNAM, AGED ABOUT 30 YEARS, BOTH ARE R/AT NO.324, 12TH A MAIN ROAD, 6TH BLOCK, RAJAJINAGAR, BENGALURU – 560 010. …PETITIONERS (BY SRI. BUDRUNNISA, ADVOCATE) AND: 1. STATE OF KARANATAKA YELAHANKA NEW TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26944 CRL.P No. 3510 of 2025 2. MRS. M. LAVANYA, W/O HARI, PERMANENT ADDRESS AT NO.324, 12TH A CROSS, 6TH BLOCK, RAJAJINAGAR, BANGALORE – 560 010. PRESENTLY RESIDING AT NO.26, 2ND CROSS, 3RD MAIN ROAD, SRISHTI NILAYA, BHEL LAYOUT, VIDYARUNYAPURA, BANGALORE. …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R1; SRI. RAVIKUMARA B. R., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE COMPLIANT AND FIR IN CRIME NO.66/2021 AND C.C.NO.14932/2021 BY THE YELAHANKA NEW TOWN POLICE STATION ON THE FILE OF THE HON’BLE XXX ADDL. CHIEF METROPOLITAN MAGISTRATE (ACMM) AT BENGALURU CITY ALLEGING OFFENCE PUNISHABLE UNDER SECTION 498-A, 506, 34 OF IPC R/W SEC.3 AND 4 OF DOWRY PROHIBITION ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “a) Quash the complaint and FIR in Crime No.66/2021 and CC No.14932/2021 by Yelahanka New Town Polce Station on the file of the Hon'ble XXX Addl. Chief Metropolitan (ACCM) at Bengaluru City, alleging offences punishable under Sections 498A, 506 and 34 - 3 - HC-KAR NC: 2025:KHC:26944 CRL.P No. 3510 of 2025 of the Indian Penal Code read with Section 4 and 3 of Dowry Prohibition Act. b) Grant such other relief/s that this Hon'ble Court deeds fit to grant in the facts and circumstances of the case.” 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for 2nd respondent – complainant have filed a Joint Memo duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- “JOINT MEMO The Petitioner and the Respondents in the above case herein are filing the following Joint Memo: 1) It is submitted that the Petitioner No.1 and the Respondent No.2 are no longer Husband and wife since the Petitioner No.1 has obtained the decree of Divorce against the Respondent No.2 in MC No. 5611/2021 dt.27/02/2024 before the VI Additional Family court. 2) It is further submitted that by the intervention of the elders of both the families, Petitioner No.1 and the Respondent No.2 agreed to settle the matter amicably. As - 4 - HC-KAR NC: 2025:KHC:26944 CRL.P No. 3510 of 2025 per the aforesaid settlement the Petitioner No.1 herein has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) as full and final settlement to the Respondent No.2 towards her claims in the following manner: a) a sum of Rs.3,00,000/-(Rupees Three Lakhs Only) has already been paid through online respectively i.e (i) a sum of Rs.1,00,000/-. (Rupees One Lakh Only) on 14/01/2025 (ii) Rs. 50,000/- (Rupees Fifty Thousand Only) on 15/01/2025 and (iii) Rs.1,50,000/- (Rupees One Lakh fifty Thousand Only) on 15/02/2025 b) And the remaining balance amount of Rs.2,00,000/-(Rupees Two Lakhs Only) is being paid today i.e 17/07/2025 vide DD No. 595503 and DD No. 464988 upon the Quashing of the proceedings in CC 14932/2021 filed under section 498A, 506 r/w 34 IPC and Section 3 and 4 of the DP Act which is pending before this 7th ACMM Court, for which the Respondent No.2 has agreed to co-operate for the same. c) As per the joint memo filed before the VI MMTC Court the Respondent No.2 has not withdrawn the said cases till date i.e., (i) Crl. Misc. 111/2022 (DV case) and (ii) Execution case in C.Misc. 98/2024 even after receiving a sum of Rs,3,00,000/- (Rupees Three Lakhs Only). The Respondent No.2 may be directed to withdraw the above mentioned cases which is coming on 04/08/2025 before the VI MMTC Court as per the agreed terms in the Joint memo in - 5 - HC-KAR NC: 2025:KHC:26944 CRL.P No. 3510 of 2025 the Crl Misc 111/2022 and also withdraw the Execution case in C.Misc 98/2023.. 3) It is agreed by both the Petitioner and the Respondent No.2 that they will not interfere into the personal lives of each other nor their family members. Further both the parties have agreed that they will not lodge any complaint against each other in the police station in respect of the above matter. 4) The Parties have understood the contents and the legal consequences of this Joint Memo and thereafter they have accepted to be the same. Hence this Joint Memo is voluntary, on their free will and independent. There is no coercion, fraud, undue influence, misrepresentation or exercise of fraud against each other; WHEREFORE both the Petitioner and the Respondents herein humbly prays that this Hon'ble Court be pleased to accept this Joint Memo and draw decree accordingly in the terms hereof in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 17.07.2025. - 6 - HC-KAR NC: 2025:KHC:26944 CRL.P No. 3510 of 2025 (ii) The proceedings in C.C.No.14932/2021 (arising out of Crime No.66/2021 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 506 and 34 of IPC read with Sections 4 and 3 of Dowry Prohibition Act., pending on the file of XXX Additional Chief Metropolitan (ACCM), Bengaluru City, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 4 Sl No.: 24