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2026 DAILYLAW 34522 (KAR)

SRI BHARATESH v. THE STATE OF KARNATAKA

CRL.P/1576/2022 · 2026-07-29

Ravi V Hosmani

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010077232022 NC: 2026:KHC:39536 CRL.P No. 1576 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 1576 OF 2022 BETWEEN: 1. SRI. BHARATESH AGED ABOUT 57 YEARS, S/O SHARANAPPA NO.147/C, 9TH CROSS, RENUKA NAGARA HOOVINAHADAGALI VIJAYANAGARA - 583 219. 2. SMT. LALITHAMMA AGED ABOUT 52 YEARS, W/O SRI. BHARATESH NO.147/C, 9TH CROSS, RENUKA NAGARA HOOVINAHADAGALI VIJAYANAGARA - 583 219. 3. SRI. JAYAPRAKASH H @ PRAKASH H AGED 41 YEARS S/O MUGANGOWDA H NO.46, 196 KANDAGAL NEAR GANESHA TEMPLE, THIMMALAPURA, BELLARY KARNATAKA - 583 134. …PETITIONERS (BY SRI. K.G. KAMATH, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010077232022 NC: 2026:KHC:39536 CRL.P No. 1576 of 2022 AND: 1. THE STATE OF KARNATAKA YALAHANKA POLICE STATION, YALAHANKA, BENGALURU REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. SHILPA R AGED ABOUT 27 YEARS W/O SHANBHOGA M.B. NO.881, "NANDANA", GROUND FLOOR, 14TH MAIN, 22ND CROSS JUDICIAL LAYOUT, YELAHANKA, BENGALURU - 560 065. 3. SRI. SHANABHOGA M.B. ALSO REFERRED AS MAHANTESH B. SHANABHOGA AGED ABOUT 28 YEARS, S/O BHARATESHA S NO.881, 14TH MAIN 22ND CROSS ROAD JUDICIAL LAYOUT, YALAHANKA BANGALORE - 560 065. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1; SRI. RUDRAPPA P, ADVOCATE FOR R2; R3 - SERVED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AGAINST PETITIONERS REGISTERED BY THE - 3 - HC-KAR CNR: KAHC010077232022 NC: 2026:KHC:39536 CRL.P No. 1576 of 2022 RESPONDENT YELAHANKA POLICE STATION, BENGALURU IN CRIME NO.16/2022 FOR OFFENCES P/U/S.498A, 504, 506 R/W SECTION 34 OF IPC AND SEC.3 AND 4 OF DP ACT 1961 ON THE FILE OF THE 37th ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Learned counsel for petitioner has filed a Memo stating that during pendency of above petition, petitioners no.1 and 2, namely accused no.2 and 3 have died. Copy of their Death Certificates are appended to Memo. 2. Taking note of same, proceedings insofar as accused no.2 and 3 is dismissed as abated. 3. It was also submitted that impugned proceedings arose out of matrimonial discord between complainant- respondent no.2 and accused no.1-respondent no.3. During pendency of above petition, M.C.no.4675/2022 filed between them before V Addl. Principal Judge, Family Court, Bengaluru, - 4 - HC-KAR CNR: KAHC010077232022 NC: 2026:KHC:39536 CRL.P No. 1576 of 2022 for divorce ended in settlement on 01.06.2024. A copy of settlement agreement drawn under Section 89 of CPC is appended to this petition. 4. It was submitted that as per terms of settlement complainant had agreed to concede for Crl.P.no.1576/2022 pending before this Court to be allowed. Based on same, learned counsel seeks for allowing of this petition. 5. Learned counsel for respondent no.2- complainant present in Court would concede to submission. 6. Learned High Court Government Pleader for respondent - State though submitted that offences under Section 498A of IPC and Sections 3 and 4 of DP Act are non- compoundable, in view of fact dispute arose out of matrimonial dispute and which has ended in settlement submitted appropriate orders may be passed. 7. Heard learned counsel. Perused material on record. 8. This petition is by accused no.2 to 4 challenging registration of FIR in Crime no.16/2022 by Yelahanka Police - 5 - HC-KAR CNR: KAHC010077232022 NC: 2026:KHC:39536 CRL.P No. 1576 of 2022 Station, Bengaluru, for offences punishable under Sections 498A, 504 and 506 read with Section 34 of Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of Dowry Prohibition Act, 1961 (DP Act), presently stated to be pending on XXXVII ACMM, Bengaluru. 9. A perusal of complaint and FIR appended to petition would reveal that complaint was filed due to matrimonial disharmony between complainant and respondent no.3. Accused no.2 to 4 (petitioners herein) are parents-in-law and brother-in-law of complainant. Allegations between couple i.e., complainant and accused no.1 have since been withdrawn as per settlement and accused no.2 and 3 have passed away during pendency of petition. Consequently, concession by complainant for quashing of this petition as agreed in settlement before Family Court would inure to accused no.4- petitioner no.3 herein. Though offences under Section 498A of IPC and Sections 3 and 4 of DP Act are non-compoundable, taking note of fact that there is settlement between complainant and her husband, continuation of proceedings would be futile. - 6 - HC-KAR CNR: KAHC010077232022 NC: 2026:KHC:39536 CRL.P No. 1576 of 2022 10. Hence, to secure ends of justice, Petition is allowed, proceedings qua petitioner no.3 (accused no.4) stand quashed, while petition insofar as petitioners no.1 and 2- (accused no.2 and 3) is dismissed as abated. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 10