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2026 DAILYLAW 15102 (KAR)

AJITH A v. STATE OF KARNATAKA

CRL.P/9701/2021 · 2026-02-06

M G Uma

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6979 CRL.P No. 9701 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 9701 OF 2021 BETWEEN: AJITH A S/O M.R. AMARNATH AGED ABOUT 29 YEARS R/AT 41/3, KODATHI GATE, SARJAPURA MAIN ROAD OPPOSITE TO HP PETROL BUNK BANGALORE - 560 035. …PETITIONER (BY SRI. A.N. RADHAKRISHNA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VARTHUR POLICE BANGALORE RURAL DIST. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SEETHARAMU S/O LATE GURAPPA AGED ABOUT 56 YEARS NO.26, 10TH MAIN ROAD AGRAHARA DASARAHALLI MAGADI MAIN ROAD BANGALORE - 560 079. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1, SRI. PAVAN KUMAR G., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ALL THE PROCEEDINGS IN S.C.NO.204/2021 PENDING ON THE FILE OF Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6979 CRL.P No. 9701 of 2021 THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCE P/U/S 498A, 304B R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT. THIS CRL.P, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioner submits that the petitioner being accused No.3 compounded the offences with respondent No.2 - the informant. Since the matter is compounded the application IA.No.1/2026 is filed. In light of IA.No.1/2026 learned counsel for petitioner prays for allowing the petition and to quash the criminal proceedings initiated against petitioner - accused No.3. 2. IA.No.1/2026 is filed by the petitioner - accused No.3 seeking to quash the criminal proceedings initiated in SC.No.204/2021 pending on the file of the learned IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for the offence punishable under Sections 498(A), 304(B) read with Section 34 of Indian Penal Code (for short 'IPC') and - 3 - HC-KAR NC: 2026:KHC:6979 CRL.P No. 9701 of 2021 Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short 'DP Act'). 3. Respondent No.2 - Sri. Seetharamu, who is the informant in this case has sworn an affidavit in support of IA.No.1/2026 and the affidavit reads as under: "I, SEETHARAMU, S/o Late Gurappa, aged about 60 years, residing at No.26, 10th Main Road, Agrahara Dasarahalli, Magadi Main Road, Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I am the Respondent No.2 in the above Criminal Petition. I am conversant with the facts of the case, that I am deposing to, 2. I submit that, on the basis of complaint lodged by me on 30/01/2021, the first Respondent Varthur Police registered the case in Crime No.25/2021 for offences punishable under Sections 306, 304(B), 498(A), read with 34 Indian Penal Code and under Sections 3 and 4 of D.P.Act. 3. I submit that, the Police after investigation filed a Charge Sheet for offences punishable under Section 498(A), 304(B), Read with 34 Indian Penal Code under Section 3 and 4 of D.P.Act. 4. I submit that both myself and Petitioner at the intervention elders, common friends have decided to compound the offence. 5. I submit that, I have no objection to quash the proceeding as prayed for, in the accompanying application. What is stated in Paras1 to 5 of this affidavit are true am correct to the best of my knowledge, information and belief." - 4 - HC-KAR NC: 2026:KHC:6979 CRL.P No. 9701 of 2021 4. The petitioner and respondent No.2 are present before the Court and they are identified by their respective counsels. Respondent No.2 specifically submits that the offence in question are compounded and he has no objection to quash the criminal proceedings registered against the petitioner. 5. The petitioner is being tried for the offence punishable under Section 304(B) of IPC, which is not compoundable. Since the parties have already settled the issue, no purpose would be served by prosecuting the petitioner. It will be a futile exercise which will consume the precious time of the Court. Therefore, I am of the opinion that permission may be accorded to compound even offence under Section 304(B) of IPC. 6. In view of the above, the submissions and affidavit are accepted. 7. In view of the above, the petition is allowed. The criminal proceedings initiated against the petitioner in SC.No.204/2021 pending on the file of the learned IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for the - 5 - HC-KAR NC: 2026:KHC:6979 CRL.P No. 9701 of 2021 offence punishable under Sections 498(A), 304(B) read with Section 34 of Indian Penal Code, and Sections 3 and 4 of Dowry Prohibition Act, 1961, is hereby quashed. Sd/- (M G UMA) JUDGE PNV - CT:VS List No.: 1 Sl No.: 5