Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5103 CRL.P No. 8926 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 8926 OF 2022 BETWEEN:
1.
T. S. RAJITH AGED ABOUT 37 YEARS, S/O SHIVANNA PERMANENT R/O NO.2094, 30TH CROSS, 6TH MAIN, D GROUP LAYOUT, SRIGANDADA KAVALU, BANGALORE - 560 091 PRESENTLY RESIDING AT 3010 W YORKSHIRE DR APT 3033 PHOENIX USA - 85027
2.
SMT. SOWBHAGYA, AGED ABOUT 59 YEARS, W/O SHIVANNA, R/AT NO.2094, 30TH CROSS, 6TH MAIN, D GROUP LAYOUT, SRIGANDADA KAVALU, BANGALORE - 560 091
3.
SRI SHVIANNA, AGED ABOUT 68 YEARS, S/O LATE MARIGOWDA R/AT NO.2094, 30TH CROSS, 6TH MAIN, D GROUP LAYOUT SRIGANDADA KAVALU, BANGALORE - 560 091 …PETITIONERS (BY SRI. VIVEKANANDA T.P., ADVOCATE)
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:5103 CRL.P No. 8926 of 2022
AND:
1.
STATE OF KARNATAKA BY WOMEN POLICE STATION, MANDYA, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560001
2.
SMT. J. RESHMA, AGED ABOUT 30 YEARS, D/O S. JAYARAM, PRESENTLY RESIDING AT NO.3855, III MAIN, SHANKARNAGAR MANDYA - 571 401 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1 SRI. B.V. VIDYULATHA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3191/2021 (CR.NO.15/2019) PENDING ON THE FILE OF ADDL.CIVIL JUDGE AND J.M.F.C COURT, MANDYA FOR THE OFFENCE P/U/S 498A, 506 OF IPC AND SEC.3, 4, 6 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 The petitioners being accused Nos.1 to 3 (Crime No.15/2019 of Mandya Women Police Station), in CC.No.3191/2021 now pending on the file of the learned Additional Civil Judge and JMFC, Mandya (hereinafter referred
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HC-KAR NC: 2026:KHC:5103 CRL.P No. 8926 of 2022
to as 'the Trial Court'), registered for the offences punishable under Sections 498-A and 506 read with Section 149 of Indian Penal Code (for short, 'the IPC') and under Sections 3, 4 and 6 of Dowry Prohibition Act (for short, 'the D.P.Act'), are seeking to quash the criminal proceedings initiated against them.
2. Heard Sri Vivekananda T.P., learned counsel for the petitioner, Smt.Sowmya R., learned HCGP for respondent No.1- State and Smt.B.V.Vidyulatha, learned counsel for respondent No.2. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my
consideration is:
"Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'Affirmative' for the following: REASONS
4. Learned counsel for the petitioners contended that petitioner No.1 is the husband and petitioner Nos.2 and 3 are
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HC-KAR NC: 2026:KHC:5103 CRL.P No. 8926 of 2022
the in-laws of respondent No.2. After the marriage, there was some misunderstanding between the parties, which ended in divorce by mutual consent vide decree dated 22.04.2022.
Learned counsel for the petitioners has produced the Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
5. As per Clause 7 of this Memorandum of Settlement, petitioner No.2 i.e. respondent No.2 herein had agreed and undertook to co-operate in closing / quashing C.C.No.3191/2021 pending on the file of the Trial Court. It is stated that, in case necessity arises to file a petition for quashing the criminal proceedings before this Court, respondent No.2 will agree to co-operate in getting the same quashed.
6. Learned counsel for respondent No.2 admits the terms of the Memorandum of Settlement and also admits that there was divorce by mutual consent vide decree dated
22.04.2022. It is stated that since the date of decree of divorce, both the parties are residing separately. Considering
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HC-KAR NC: 2026:KHC:5103 CRL.P No. 8926 of 2022
all these facts and circumstances, I am of the opinion that continuation of the criminal proceedings will be in abuse of process of law and no purpose will be served by holding a trial. Accordingly, I answer the above point in the 'affirmative' and proceed to pass the following:
ORDER (i) The Criminal Petition is allowed. (ii) The Criminal Proceedings (Crime No.15/2019 of Mandya Women Police Station), in C.C.No.3191/2021, pending on the file of the Additional Civil Judge and JMFC, Mandya, registered for the offences punishable under Sections 498-A and 506 read with Section 149 of IPC and under Sections 3, 4 and 6 of D.P. Act, is hereby quashed against the petitioners. In view of disposal of main petition, pending I.A.No.2 of 2022 also stands disposed off.
SD/- (M G UMA) JUDGE
MKM CT:VS List No.: 1 Sl No.: 4