Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:32530 CRL.P No. 10912 of 2025 C/W CRL.P No. 13148 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10912 OF 2025 C/W CRIMINAL PETITION NO. 13148 OF 2024
IN CRL.P No. 10912/2025 BETWEEN:
SHWETABH SAHAY AGED 41 YEARS, S/O. PRAKASH SAHAY, RESIDING AT 6/9, LANTANA STREET, VATIKA CITY SECTOR 49 - GURUGRAM HARYANA 122018 …PETITIONER (BY SRI. ROHAN KOTHARI.,ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY SPP, HIGH COURT BUILDING HIGH COURT, BANGALORE - 560001 ELECTRONIC CITY POLICE STATION
2. AMRITA SINHA, AGED 40 YEARS, W/O. SHWETABH SAHAY, RESIDING AT VILLA 56,
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:32530 CRL.P No. 10912 of 2025 C/W CRL.P No. 13148 of 2024
CONCORDE CUPERTINO, BEGUR HOBLI, NEELADRI ROAD, KARUNA ROAD, OPPOSITE TO FABINDIA, ELECTRONIC CITY, PHASE - I BANGALORE-560100 …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1;
SMT.SWASTIKA SAI.M., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.2990/2024, PENDING ON THE FILE OF THE LEARNED CJM, BANGALORE RURAL, BANGALORE, FOR THE OFFENCE P/U/S 498(A) OF IPC, ANNEXURE-A.
IN CRL.P NO. 13148/2024 BETWEEN:
PRAKASH SAHAY AGED 66 YEARS S/O LATE KAMLA KANT SAHAY RESIDING AT NO. 31 SHIVGUNJ HARMU ROAD RANCHI JHARKHAND 834 001 ...PETITIONER (BY SRI. ROHAN KOTHARI.,ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH ELECTRONIC CITY POLICE STATION REP BY THE
STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT BANGALORE 560 001
2. AMRITA SINHA AGED 38 YEARS
- 3 -
HC-KAR NC: 2025:KHC:32530 CRL.P No. 10912 of 2025 C/W CRL.P No. 13148 of 2024
W/O SHWETABH SAHAY RESIDING AT VILLA 56 CONCORDE CUPERTINO
BEGUR HOBLI, NEELADRI ROAD KARUNA ROAD OPPOSITE TO FAB INDIA
ELECTRONIC CITY, PHASE I BANGALORE 560100 ...RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1;
SMT.SWASTIKA SAI.M., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2990/2024 PENDING ON THE FILE OF THE LD. CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL, FOR THE OFFENCE P/U/S 498A OF IPC, IN SO FAR AS IT RELATES TO THE PETITIONER HEREIN (SEE ANNEXURE-E), ETC.
THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
COMMON ORAL ORDER These two petitions are filed by the husband and father-in-law of 2nd respondent/complainant.
2. Both these petitions are taken up together, in view of the settlement arrived at between the petitioner– husband and the 2nd respondent–wife. In terms of the memorandum of settlement dated 09.07.2025, the
- 4 -
HC-KAR NC: 2025:KHC:32530 CRL.P No. 10912 of 2025 C/W CRL.P No. 13148 of 2024
marriage between the petitioner in Criminal Petition No.10912/2025 and the 2nd respondent–wife has been dissolved by decree of divorce in M.C. No.7518/2024. Pursuant to the said settlement, the 2nd respondent–wife has also agreed to extend her co-operation for quashing of the criminal proceedings.
3. Today, the 2nd respondent–wife/complainant is present before this Court. On being queried, she acknowledges that her marriage with the petitioner– husband has been dissolved in the matrimonial proceedings. She further submits that in view of the amicable settlement, she has no objection to quashing of the proceedings pending in C.C. No.2990/2024.
4. Though the offence punishable under Section 498A of IPC is not compoundable, having regard to the fact that the parties have amicably settled their matrimonial disputes and have secured dissolution of marriage through a decree of competent Family Court, and in light of the categorical submission of the 2nd
- 5 -
HC-KAR NC: 2025:KHC:32530 CRL.P No. 10912 of 2025 C/W CRL.P No. 13148 of 2024
respondent–wife that she is not inclined to pursue the criminal proceedings, this Court is of the considered view that continuation of the proceedings would amount to abuse of process of law. Accordingly, in exercise of inherent jurisdiction under Section 482 Cr.P.C., this Court deems it just and appropriate to quash the proceedings. For the foregoing reasons, this Court proceeds to pass the following:
ORDER (i) Crl.P No.10912/2025 and Crl.P No.13148/2024 are hereby allowed. (ii) The proceedings pending in C.C. No.2990/2024 for the offence punishable under Section 498A IPC are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NG List No.: 3 Sl No.: 10