Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 45637 (KAR)

SRI. MARISHWAR. S v. STATE OF KARNATAKA

CRL.P/313/2026 · 2026-01-13

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:2053 CRL.P No. 313 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 313 OF 2026 BETWEEN: 1. SRI MARISHWAR S., S/O SHANKAR AGED ABOUT 44 YEARS R/AT NO.37 MUNNISUBBAYYA REDDY LAYOUT HONGASANDRA NEAR GNANA BHARATHI SCHOOL BENGALURU 3 560 068. CHARGESHEET ADDRESS: 5TH CROSS, NEW CENTRAL JAIL ROAD CHENNAKESHAVANAGAR HOSUR ROAD BENGALURU 3 560 068. 2. SRI SHANKARAN GOVINDHAN S/O GOVINDHAN AGED ABOUT 68 YEARS R/AT, 15E, PALAGUDI, NORTH STREET VATHIRAYIRUPPU, WALRAP TAMIL NADU 3 626 132. CHARGESHEET ADDRESS: 5TH CROSS, NEW CENTRAL JAIL ROAD CHENNAKESHAVANAGAR HOSUR ROAD, BENGALURU 3 560 068. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2053 CRL.P No. 313 of 2026 3. SMT. UMADEVI SANKARAN W/O SHANKAR AGED ABOUT 65 YEARS R/AT 15E, PALAGUDI NORTH STREET, VATHIRAYIRUPPU WALRAP, TAMIL NADU 3 626 132. CHARGESHEET ADDRESS: 5TH CROSS, NEW CENTRAL JAIL ROAD CHENNAKESHAVANAGAR HOSUR ROAD, BENGALURU 3 560 068. &PETITIONERS (BY SRI KISHORE R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADIVALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. 2. SMT. NITHYA M., W/O MARISHWAR S., AGED ABOUT 40 YEARS R/AT NO.37 MUNNISUBBAYYA REDDY LAYOUT HONGASANDRA, NEAR GNANA BHARATHI SCHOOL BENGALURU 3 560 068. &RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI VIVEKANANDA N., ADVOCATE FOR R2) - 3 - HC-KAR NC: 2026:KHC:2053 CRL.P No. 313 of 2026 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.1754/2005 ARISING OUT OF CR.NO.484/2004 OF MADIVALA P.S., PENDING ON THE FILE OF THE 37th ACMM, AT BENGALURU, FOR THE OFFENCE P/U/S 498(A) OF IPC, U/S 3 AND 4 OF D.P ACT, 1961 AGAINST THE PETITIONERS, PRODUCED AT ANNEXURE A AND B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.1754/2005, pending before the 37th ACMM, Bengaluru, for the offences punishable under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners and respondent No.2 in unison submit that the parties to the lis have settled their matrimonial dispute amicably by drawing up certain terms and conditions and therefore, they are before this Court seeking quashment of the proceedings. The parties have filed an application under Section 359(8) r/w. 528 of the BNSS, 2023 and separate affidavits of the parties, before this Court. - 4 - HC-KAR NC: 2026:KHC:2053 CRL.P No. 313 of 2026 3. The application reads as follows: <That for the reasons sworn to in the accompanying affidavit this Hon9ble court may be pleased to permit the parties to compound the offences punishable Sections 498 (a) of Indian Penal Code 1860, R/w section 3 & 4 of Dowry Prohibition Act, 1961 and consequently quash the entire proceedings in C.C.No.1754/2005 arising out of Crime No.484/2004 by Madivala Police for the offences punishable under Sections 498(a) of Indian Penal Code 1860, R/w section 3 & 4 of Dowry Prohibition act 1961 pending before the 37th ACMM at Bengaluru in the interest of justice produced.= The affidavit of the complainant reads as follows: 03. At the intervention of elders, well-wishers of both parties the matter is settled amicably for the mutual benefit and advantage of both the parties the matter has been settled amicably. 04. I affirm that this compromise entered by us is voluntarily and willingly and that there is no fraud or misrepresentation or compulsion or coercion or undue influence or threat played between them. There is also no collusion between us herein in entering into this compromise petition. 05. We affirm that we have read and explained contents of this Compromise, each one understood the Contents, terms of this compromise and have affixed our respective signatures to the same on being satisfied to the same. Whatever stated above is true and correct to the best of my knowledge and belief.= - 5 - HC-KAR NC: 2026:KHC:2053 CRL.P No. 313 of 2026 In the light of the fact that the parties have arrived at settlement and since it is a marital dispute, I deem it appropriate to accept the application and terminate the proceedings against the petitioners, as the allegations are not against the State. 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition is disposed. (ii) The proceedings in C.C.No.1754/2005, pending before the 37th Additional City Civil and Sessions Judge, Bengaluru, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 86 CT:SS