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2026 DAILYLAW 44286 (KAR)

SMT CHANDRAMMA v. THE STATE OF KARNATAKA

CRL.P/11607/2023 · 2026-10-05

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010685322026 NC: 2026:KHC:55359 CRL.P No. 15258 of 2026 C/W CRL.P No. 11607 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15258 OF 2026 C/W CRIMINAL PETITION NO. 11607 OF 2023 IN CRL.P No. 15258/2026: BETWEEN: SRI DEVAKUMAR M.D S/O LATE DEVARAJU M.D AGED ABOUT 42 YEARS R/AT NO.20, 9TH B MAIN BHYARAVESHWARA NAGAR NAGARABHAVI, BENGALURU - 560 072. …PETITIONER (BY SRI SHARATH S. GOWDA, ADV.) AND: 1. STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE CHANDRA LAYOUT, BENGALURU - 5600 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT, BENGALURU - 560 001. 2. SMT. DEEPIKA W/O DEVAKUMAR AGED ABOUT 35 YEARS R/AT #20, 9TH B MAIN BHYRAVESHWARA NAGARA NAGARBHAVI BENGALURU - 560 072. …RESPONDENTS (BY SRI KEMPARAJU, ADV., FOR R-2; SRI RAHUL RAI K, HCGP FOR R-1) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010685322026 NC: 2026:KHC:55359 CRL.P No. 15258 of 2026 C/W CRL.P No. 11607 of 2023 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DTD 18.09.2017 LODGED BY THE COMPLAINANT/RESPONDENT, VIDE ANNEXURE-B AND QUASH THE FIR IN CR.NO.460/2017 DTD 18.09.2017 REGISTERED BY THE RESPONDENT NO.1 IN CHANDRA LAYOUT P.S., PENDING BEFORE THE VIII ACMM, BENGALURU, FOR THE OFFENCES P/U/S 498(A),323,504,506,34 OF IPC, U/S 3 AND 4 OF D.P ACT, 1961, VIDE ANNEXURE-A. IN CRL.P NO. 11607/2023: BETWEEN: 1. SMT. CHANDRAMMA W/O LATE DEVARAJU M.D AGED ABOUT 65 YEARS R/A NO.47, IST CROSS SIDDARTHANAGARA MALAVALLI TOWN MALAVALL, MANDYA DISTRICT - 571 430. 2. SRI CHUNCHESH S/O LATE DEVARAJU M D AGED ABOUT 36 YEARS R/A NO.20, 9TH B MAIN BYRAVESHWARANAGARA NAGARBHAVI MAIN ROAD MOODALAPALYA BANGALORE - 560 072. ...PETITIONERS (BY SRI SHARATH S. GOWDA, ADV.) AND: 1. THE STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE CHANDRA LAYOUT BENGALURU - 560 040 REP BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU - 560 001. 2. SMT. DEEPIKA W/O DEVAKUMAR - 3 - HC-KAR CNR: KAHC010685322026 NC: 2026:KHC:55359 CRL.P No. 15258 of 2026 C/W CRL.P No. 11607 of 2023 AGED ABOUT 35 YEARS R/A 20, 9TH B MAIN BHYRAVESHWARA NAGARA NAGARBHAVI, BENGALURU - 560 072. ...RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; SRI KEMPARAJA, ADV., FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE COMPLAINT DATED 18.09.2017 LODGED BY THE COMPLAINANTS VIDE ANNEXURE-B AND QUASH THE FIR DATED 18.09.2017 REGISTERED IN CR.NO.460/2017 BY THE 1ST RESPONDENT - CHANDRA LAYOUT POLICE ON THE FILE OF VIII A.C.M.M BENGALURU FOR THE OFFENCE P/U/S 498(A), 323, 504, 506 R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT VIDE ANNEXURE-A. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 to 3 are before this Court in the above captioned petitions filed under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.29539/2017 pending before the Court of VIII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.460/2017 registered by Chandra Layout Police Station, Bengaluru, for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. - 4 - HC-KAR CNR: KAHC010685322026 NC: 2026:KHC:55359 CRL.P No. 15258 of 2026 C/W CRL.P No. 11607 of 2023 2. Learned counsel for the petitioners and learned counsel for respondent No.2 jointly submit that dispute between the parties has been settled and in view of the aforesaid settlement, impugned proceedings as against accused Nos.5 and 6 has already been quashed by this Court in Crl.P.No.9950/2023 on 23.09.2026. They have today filed an application under Section 320 read with Section 482 of Cr.P.C. reporting settlement in both these petitions. The same is taken on record. 3. Parties, who are present before the Court are identified by their respective Advocates. It is stated that settlement arrived at between the parties is voluntary without there being any undue influence or coercion. The applications filed today is supported by joint affidavit of accused and respondent No.2 in both the petitions. 4. In paragraph No.3 of the joint affidavit, which is filed in support of the application in Crl.P.No.15258/2026, it is stated as follows:- "3. It is submitted that, subsequent to filling of the aforesaid complaint, there are subsequent events, - 5 - HC-KAR CNR: KAHC010685322026 NC: 2026:KHC:55359 CRL.P No. 15258 of 2026 C/W CRL.P No. 11607 of 2023 wherein the Respondent No.2 entered into memo settlement with Petitioner/husband and after reunion a child was born. Thereafter, ones again the relationship of the Respondent No.2 with Petitioner/husband got strained and they are not now leaving together." 5. Considering the fact that parties are closely related and now they have settled the dispute between themselves, I am of the opinion that the prayer made by the petitioners in these petitions, need to be granted, to secure the ends of justice. Accordingly, the following order:- 6. The petitions are allowed. The entire proceedings in CC No.29539/2017 pending before the Court of VIII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.460/2017 registered by Chandra Layout Police Station, Bengaluru, for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is hereby quashed, as against the petitioners herein. Sd/- (S VISHWAJITH SHETTY) JUDGE DN/List No.: 2 Sl No.: 4