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2026 DAILYLAW 49090 (KAR)

CHINNASWAMAIAH B v. STATE OF KARNATAKA

CRL.P/9319/2023 · 2026-01-30

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5433 CRL.P No. 9319 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9319 OF 2023 BETWEEN: 1. CHINNASWAMAIAH B S/O. LATE BASAVARAJU, AGED ABOUT 77 YEARS R/AT: MIG- 19, SHIVAKRUPA NILAYA, NRUPATUNGA ROAD, KUVEMPUNAGAR 1ST PHASE, MYSURU CITY, MYSORE DISTRICT - 570 023. 2. CHANDRIKA, W/O CHINNASWAMAIAH. B, AGED ABOUT 63 YEARS R/AT: MIG- 19, SHIVAKRUPA NILAYA, NRUPATUNGA ROAD, KUVEMPUNAGAR 1ST PHASE, MYSURU CITY, MYSORE DISTRICT - 570 023. 3. RAMYA, D/O. CHINNASWAMAIAH B, AGED ABOUT 40 YEARS R/AT MIG- 19, SHIVAKRUPA NILAYA, NRUPATUNGA ROAD, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5433 CRL.P No. 9319 of 2023 KUVEMPUNAGAR 1ST PHASE, MYSURU CITY, MYSORE DISTRICT - 570023 …PETITIONERS (BY SRI. LETHIF B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION, MYSURU CITY, REP. BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. PRIYANKA.P, W/O. DILIP C, AGED ABOUT 29 YEARS, R/AT NO. 1028, BOGADI 2ND PHASE, BEHIND RIE, MYSURU CITY- 570 026. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SMT. RENUKA DEVI A.S, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.181/2023 OF MYSURU TOWN WOMEN POLICE STATION, MYSURU DISTRICT, FOR THE OFFENCE P/U/S 498(A), 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AGAINST THE PETITIONERS ON THE FILE OF VII ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., MYSURU DISTRICT. - 3 - HC-KAR NC: 2026:KHC:5433 CRL.P No. 9319 of 2023 THIS PETITION, COMING ON FOR ADMISSION, 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 the proceedings in C.C.No.181/2023 registered for offences punishable under Sections 498A, 506 read with Section 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Heard Sri. Lethif B., learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned HCGP appearing for respondent No.1, Smt. Renuka Devi A.S., learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding application along with the affidavits. The affidavits read as follows: - 4 - HC-KAR NC: 2026:KHC:5433 CRL.P No. 9319 of 2023 "AFFIDAVIT I, Chinnaswamaiah B, S/o, late Basavaraju, Aged about 77 years, R/at: MIG-19, Shivakrupa Nilaya, Nrupatunga Road, Kuvempunagar, 1st Phase, Mysuru City, Mysore District 570023, Today at Bengaluru, do herby solemnly affirm and state as follows: I, Chandrika, W/o. Chinnaswamaiah. B, Aged about 63 years, R/at : MIG-19, Shivakrupa Nilaya, Nrupatunga Road, Kuvermpunagar, 1st Phase, Mysuru City, Mysore District - 570 023, Today at Bengaluru, do herby solemnly affirm and state as follows: 1. We are the petitioners/Accused No.2 and 3 in the charge sheet, we know the facts and circumstances of the case and we are deposing hereunder. 2. We state that we have challenged the filing of Charge sheet and taking cognizance by the learned Magistrate in the above Petition. 3. We state that, the dispute between the accused No.1 and respondent No.2 has been resolved with the intervention of our family members, relatives and friends. 4. We state that, the dispute has been amicably settled out of court with a condition that, the both husband and wife has decided to dissolve their marriage before the family court by filing mutual divorce petition. 5. We state that, the respondent No.2 has received sum of Rs.18,00,000/- as a permanent alimony from the accused No.1 as a full and final settlement and there is no other litigation pending between us. 6. We state that, we have no objection to quash the proceedings in the above case and 2nd respondent also decided to withdraw the allegations made in the complaint. Wherefore we most humbly pray that this Hon'ble Court may be please to permit the parties to compound the offence and consequently quash the entire proceedings in - 5 - HC-KAR NC: 2026:KHC:5433 CRL.P No. 9319 of 2023 C.C.No.181/2023 of Mysuru Town Women Police Station, Mysuru District for the offence U/s 498(A), 506, r/w 34 of IPC and section 3 and 4 of D.P.Act, against the petitioners on the file of the VII Addl. Senior Civil Judge & JMFC Court, Mysuru District, in the interests of justice. AFFIDAVIT I, Smt. Priyanka. P, W/o. Dilip C, Aged about 31 years, R/at: No.1028, Bogadi 2nd Phase, Behind RIE, Mysuru City - 570 026, Today at Bengaluru, do herby solemnly affirm and state as follows: 1. I am the complainant/respondent No.2 in the above case and I know the facts and circumstances of the case and I am deposing hereunder. 2. 1 state that I have field complaint against petitioner/s, after the investigation charge sheet has been filed against 4 accused. 3. I state that, I have decided to dissolve my marriage amicably by filing petition for mutual divorce before the family court at Mysuru in M.C. No. 14/2025. 4. I state that, I have received a sum of Rs.18,00,000/- as a compensation from the accused No.1/my husband as a full and final settlement and I have receipt of the same. 5. I state that, the accused No.1 and I jointly file the divorce petition before the family court and the legal expenses of the said proceedings shall be borne by both the parties equally. 6. I state that, I have decided to withdraw the allegation in order to give quietus to the dispute and I have no objection to quash the entire proceedings. 7. I state that, I know the contents of the affidavit; I have signed this affidavit with my free consent without any force, threat, coercion, and undue influence. Wherefore I most humbly pray that this Hon'ble Court may be please to permit the us to compound the offence, - 6 - HC-KAR NC: 2026:KHC:5433 CRL.P No. 9319 of 2023 consequently quash the entire proceedings C.C.No.181/2023 of Mysuru Town Women Police Station, Mysuru District for the offence U/s 498(A), 506, r/w 34 of IPC and section 3 and 4 of D.P. Act, against the petitioners on the file of the VII Addl. Senior Civil Judge & JMFC Court, Mysuru District, in the interests of justice." 4. All conditions stand fulfilled. The petitioners hand over a Demand Draft of Rs.18,00,000/-, which was supposed to be the balance. The complainant, who is present in person, acknowledges the receipt of Rs.18,00,000/- as full and final settlement of dues. 5. In the light of application for compounding being filed along with the affidavits and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against these petitioners in the subject petition. 6. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. (ii) Proceedings in C.C.No.181/2023 pending before the VII Additional Senior Civil Judge and JMFC Court, - 7 - HC-KAR NC: 2026:KHC:5433 CRL.P No. 9319 of 2023 Mysuru District, stand quashed qua these petitioners. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 3 Sl No.: 3 CT:BHK