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2025 DAILYLAW 88046 (KAR)

SMT PUSHPALATHA v. THE STATE OF KARNATAKA

CRL.P/2176/2025 · 2025-07-22

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27707 CRL.P No. 2176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2176 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SMT PUSHPALATHA, W/O. H.R. JAYADEVARU, AGED ABOUT 50 YEARS, RESIDING AT “SRI RANGANATHASWAMY NILAYA” 8TH CROSS, NEAR SIT COLLEGE, GANGOTHRINAGARA, TUMAKURU CITY 2. SRI. H. R. JAYADEVARU S/O. AGED ABOUT 66 YEARS, RESIDING AT “SRI RANGANATHASWAMY NILAYA” 8TH CROSS, NEAR SIT COLLEGE, GANGOTHRINAGARA, TUMAKURU CITY, ALSO AT NO.51, VAISHNO, SIRIYAPPA LAYOUT, SIDEDAHALLI MAIN ROAD, BENGALURU – 560 073. …PETITIONERS (BY SRI. SHRIDHAR N. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, EAST WOMEN POLICE STATION PULAKESHINAGAR SUB-DIVISION, BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27707 CRL.P No. 2176 of 2025 2. SMT. KAVYA.N, W/O AMITH YADAV H.J., D/O NAGASUNDAR N., AGED ABOUT 28 YEARS, RESIDING AT NO.44, 2ND CROSS, NARASIMHAIAH LAYOUT, NEAR VINAYAKA TEMPLE K.G.HALLI, BENGALURU CITY – 560 045 …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R1; SRI. G. S. PRASANNAKUMAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR DATED 10.09.2024 AND THE PROCEEDINGS AGAINST THE PETITIONERS INITIATED BY THE 1ST RESPONDENT EAST WOMEN POLICE STATION IN CRIME NO. 156/2024 ON THE FILE OF THE XI ADDITIONAL CMM COURT, MAYOHALL, BENGALURU CITY, FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 504, 506 OF IPC AND SECTION 3 AND 4 OF D.P ACT, 1961. 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 seek the following relief: “WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to quash the FIR Dated 10.09.2024, and the proceedings against the petitioners initiated by the 1st Respondent - East Women Police Station in Crime No.156/2024 on the file of the XI Additional CMM Court, Mayohall, Bengaluru City, for the offence punishable under Sections 498A, 504, 506 of IPC and Sections 3 and 4 - 3 - HC-KAR NC: 2025:KHC:27707 CRL.P No. 2176 of 2025 of Dowry Prohibition Act, 1961, in the ends of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.2 and 3 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.2 and 3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT FILED BY THE PARTIES 1) I, Smt. Pushspalatha, W/o.. H.R. Jayadevaru, aged about 50 years, residing at "Sri Ranganatha Swamy Nilaya" 8th Cross, Near SIT College, Gangothrinagara, Tumakuru City, also at No.51, Vaishno, Siriyappa Layout, Sidedahalli Main Road, Bengaluru-560 073. 2) H.R. Jayadevaru, aged about 66 years, residing at "Sri Ranganatha Swamy Nilaya" 8th Cross, Near SIT College, Gangothrinagara, Tumakuru City, also at No.51, Vaishno, Siriyappa Layout, Sidedahalli Main Road, Bengaluru-560 073. 3) I, Smt. Kavya N, W/o. Amkith Yadav H.J. D/o. Nagasundar, N, aged about 28 years, residing at No. 45, - 4 - HC-KAR NC: 2025:KHC:27707 CRL.P No. 2176 of 2025 18th Cross, L & T Layaout, Amruthahalli, Shankarnagar Post, Bengaluru-560092, do hereby solemnly affirm and state on oath as follows:- We, the above named deponents respectfully submit that, as there is a matrimonial dispute between the son of Deponent No. 1 & 2 and the Deponent No.3, husband filed M.C. No.302/2025 against wife seeking for divorce, and the said case was referred to mediation, and in the medication the matter is settled between the parties., by receiving permanent alimony and decree of mutual divorce granted. Hence, since the matter is amicably settled between the parties, the 2nd respondent complainant not intended to pursue the matter and ready to give her consent for quashing of the FIR dated: 10-09-2024 in Crime No. 156/2024, hence we are filing this Joint Affidavit, and this Hon'ble Court may kindly consider this Joint Affidavit and may kindly allow the above criminal petition by quashing the proceedings initiated against the petitioner, in the interest of justice. What is stated above are true to the best of our knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 5 - HC-KAR NC: 2025:KHC:27707 CRL.P No. 2176 of 2025 ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 22.07.2025. (ii) The Complaint / FIR in Crime No.156/2024 dated 10.09.2024 of East Women Police Station registered for the offences punishable under Sections 498A, 504, 506 of IPC and Sections 3 and 4 pending on the file of the XI Additional CMM Court, Mayohall, Bengaluru City, in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 0