Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:36112 CRL.P No. 12744 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. 12744 OF 2025
BETWEEN:
1.
MR. SASWATA DEB SON OF LATE MR BIPULANANDA DEB AGED ABOUT 41 YEARS RESIDING AT 15, VICTORIA LINKWAY NO. 1710, TORONTO ONTARIO, M3C1A7, CANADA.
2.
MRS. SHIKA DEB WIFE OF LATE MR. BIPULANANDA DEB AGED ABOUT MAJOR RESIDING AT, 15, VICTORIA LINKWAY NO.1710, TORONTO, ONTARIO M3C1A7, CANADA. …PETITIONERS
(BY SRI. SHASHANK NAGENDRAN, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS CUBBON PARK, BENGALURU - 560001.
2.
SMT. AMRITHA MUKHERJEE WIFE OF SASWATHA DEB AGED ABOUT 38 YEARS RESIDING AT SHRIYA APARTMENTS
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:36112 CRL.P No. 12744 of 2025
NO.601, 6TH FLOOR GM PALYA MAIN ROAD …RESPONDENTS
(BY SRI. RAHUL RAI, HCGP FOR R1;
SRI. SIJI MALAYIL, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO.79/2021, REGISTERED BY THE EAST ZONE WOMEN POLICE STATION, FOR THE OFFENCES P/U/S 498A, 323, 504 AND 506 OF THE IPC AND SECTION 3 AND 4 OF THE D.P ACT AND THE CONSEQUENT REGISTRATION OF THE CASE IN CC NO.13835/2022 PENDING ON THE FILE OF THE HONBLE VI ADDL.CJM, AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is filed by the husband and mother-in- law of respondent No.2/complainant.
2. Today, an application has been filed under Section 320 of the Code of Criminal Procedure seeking quashing of the proceedings pending in
- 3 -
HC-KAR NC: 2025:KHC:36112 CRL.P No. 12744 of 2025
C.C.No.13835/2022. It is stated in the application that the marriage between petitioner No.1/husband and respondent No.2/complainant has been dissolved by a decree of divorce passed by the competent Family Court. It is further submitted that, pursuant to the settlement arrived at between the parties, petitioner No.1 has paid a sum of Rs.7,17,678/- to respondent No.2 towards full and final settlement of all her claims, and that the parties have also exchanged their respective articles and belongings.
3. Respondent No.2, who is presently residing in Canada, appeared before this Court virtually through a video call and was duly identified by her learned counsel. The learned High Court Government Pleader was permitted to interact with respondent No.2 to ascertain the genuineness of the compromise. On such query, respondent No.2 candidly acknowledged that the dispute has been amicably resolved, that she has received the settled amount and articles, and that she has no objection to bringing the criminal proceedings to an end.
- 4 -
HC-KAR NC: 2025:KHC:36112 CRL.P No. 12744 of 2025
4. Having regard to the fact that the parties have mutually settled their differences, their marriage stands dissolved, and both are now residing in Canada, this Court is of the opinion that continuation of the criminal case would serve no useful purpose and would amount to an abuse of process. In the interest of justice, therefore, the application in I.A.No.1/2025 deserves to be allowed, and the proceedings in C.C.No.13835/2022 merit quashing.
5. For the foregoing reasons, this Court proceeds to pass the following:
ORDER (i) The petition is hereby allowed.
(ii) The proceedings in C.C.No.13835/2022 on the file of the learned VI Additional Chief Metropolitan Magistrate, Bengaluru (presently pending before the XI ACMM, Mayohall Unit), for the offences punishable under Sections 498A, 323, 504, and 506 of the IPC and Sections 3 and 4 of the
- 5 -
HC-KAR NC: 2025:KHC:36112 CRL.P No. 12744 of 2025
Dowry Prohibition Act, insofar as they relate to the petitioners, are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 4 Sl No.: 5