SMT SHOBHA v. THE STATE BY HANUMANTHANAGAR POLICE STATION
CRL.P/11138/2025 · 2025-09-11
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89664 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89664 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36109 CRL.P No. 11138 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11138 OF 2025
BETWEEN:
1.
SMT. SHOBHA W/O DHANANJYA AGED ABOUT 42 YEARS R/AT NO.214/11, 9TH CROSS 4TH MAIN, JAGAJYITHI LAYOUT KENGERI, BENGALURU-560056.
2.
SMT. JAYALAKSHMI W/O RUBY VARGIS AGED ABOUT 57 YEARS R/AT NO.23, 9TH CROSS, 4TH MAIN, JAGAJYITHI LAYOUT KENGERI, BENGALURU-560056.
3.
SMT. USHA RAJ D/O THOMAS AGED ABOUT 59 YEARS R/AT PRESIDENT OF JAGRUTHI MAHILA VEDIKE NO.436, 6TH RAJAGOPALA NAGAR BENGALURU-560050.
4.
SMT. CHANDRAMMA W/O PUTTAIAH AGED ABOUT 52 YEARS R/AT NO.265, 5TH CROSS NEAR ANGANAVADI, RAJAGOPALA .N BENGALURU-560050.
Digitally signed by AL BHAGYA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36109 CRL.P No. 11138 of 2025
5.
SMT. RAJAMMA W/O ANJINAPPA AGED ABOUT 53 YEARS R/AT NO.351 KASTURI BADAVANE MAIN ROAD RAJAGOPAL NAGAR BENGALURU-560 050.
6.
SMT. JAYALAKSHMI W/O RUBY VARGIS AGED ABOUT 33 YEARS R/AT NO.436, 6TH MAIN 5TH CROSS, NEAR SATISH CIRCLE RAJAGOPALA NAGAR BENGALURU-560050.
7.
SRI. SURESH S/O RAMESH .R AGED ABOUT 38 YEARS R/AT NO.317/3 HANUMANTHAPPA LAYOUT BUILDING OPP TO GANAPATHI TEMPLE HEGGANAHALLI BENGALURU-560091.
8.
SRI. SHIVAKUMAR S/O NINGAPPA AGED ABOUT 41 YEARS R/AT NO.123/2, CHIATHRA NIVASA REVENUE LAYOUT, NAGASANDRA POST NELGADARANHALLI BENGALURU-560073. …PETITIONERS (BY SRI. HEMANTH KUMAR .K, ADVOCATE)
AND:
1.
THE STATE BY HANUMANTHANAGAR POLICE STATION BANGALORE RURAL DISTRICT REPRESENTED BY
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HC-KAR NC: 2025:KHC:36109 CRL.P No. 11138 of 2025
SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.
2.
SRI. DHANANJAYA .C S/O CHANNEGOWDA AGED ABOUT 42 YEARS R/AT NO.1149/23-1, IDLY KENDRA 17TH MAIN, AVALHALLI MAIN ROAD BENGALURU CITY-560050. …RESPONDENTS
(BY SRI. RAHUL RAI, HCGP FOR R1;
SRI. KISHORE KUMAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN CC.NO.786/2020 (CRIME NO.212/2019) REGISTERED BY THE HANUMANTHANAGAR P.S., BENGALURU FOR THE OFFENCES P/U/S. 324, 323, 504, 448, 506, 147 R/W 149 OF IPC PENDING BEFORE THE HONOURABLE XXXVII ADDL. CJM, BENGALURU CITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is by the wife and her family members seeking quashing of the proceedings pending in C.C.No.786/2020 for the offences punishable under Sections 324, 323, 504, 448, 506, 147 read with 149 of IPC.
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HC-KAR NC: 2025:KHC:36109 CRL.P No. 11138 of 2025
2. Today, an application is moved under Section 320 of the Code of Criminal Procedure, 1973, read with Section 482 Cr.P.C., accompanied by a joint affidavit executed by the petitioners and the second respondent/complainant. In the said affidavit, the parties have categorically stated that the dispute between them, which arose out of matrimonial discord, has been amicably resolved in M.C. No.993/2023 on the file of the competent Family Court. It is further placed on record that, pursuant to the settlement arrived at before the Mediation Centre, the marriage between petitioner No.1 (accused No.1) and respondent No.2/complainant has been dissolved by a decree of divorce. As per the terms of settlement, petitioner No.1 has paid a sum of Rs.75,000/- (Rupees Seventy-Five Thousand only) to the respondent No.2 towards full and final permanent alimony. It is also agreed that petitioner No.1 shall continue to bear the educational expenses of both the minor children born out of the wedlock.
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HC-KAR NC: 2025:KHC:36109 CRL.P No. 11138 of 2025
3. Having regard to the above, it is evident that the parties have settled their inter se disputes in entirety and the marriage itself stands dissolved. The offences alleged in the present case emanate from the strained matrimonial relationship between the parties. Continuation of criminal proceedings, in the backdrop of a genuine settlement, would amount to an abuse of the process of the Court and would serve no useful purpose. This Court is satisfied that the compromise is voluntary and bona fide, and that quashing the proceedings would secure the ends of justice. Consequently, I.A. No.1/2025 filed by the parties deserves to be allowed.
4. For the reasons stated above, this Court proceeds to pass the following:
ORDER (i) The petition is allowed; (ii) The proceedings pending in C.C.No.786/2020 on the file of the learned XXXVII Additional Chief Judicial
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HC-KAR NC: 2025:KHC:36109 CRL.P No. 11138 of 2025
Magistrate, Bengaluru City, for the offences punishable under Sections 324, 323, 504, 448, 506, 147 read with 149 of the Indian Penal Code, in so far as the petitioners are concerned, are hereby quashed, in view of the settlement recorded between the parties in M.C. No.993/2023.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 4 Sl No.: 2