Karnataka High Court
Sachin vs State Of Karnataka on 19 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:7646
CRL.P No. 1059 of 2025
C/W CRL.P No. 389 of 2022
CRL.P No. 5043 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 1059 OF 2025
C/W
CRIMINAL PETITION NO. 389 OF 2022,
CRIMINAL PETITION NO. 5043 OF 2022
IN CRL.P No. 1059/2025
BETWEEN:
1. PRAMOD S.J.,
S/O JAYANNA GOWDA,
AGED ABOUT 40 YEARS,
RESIDING AT NO.70,
II STAGE, D.E.R. LAYOUT,
4TH BLOCK, AYYAPPANAGARA,
K.R. PURA,
BENGALURU - 560 0.
Digitally 2. JAYANNA GOWDA S.G.,
signed by
LEELAVATHI S/O GOVINDA GOWDA .S.N.,
SR
Location:
AGED ABOUT 66 YEARS,
High Court RESIDENT OF SWAMY KATTE,
of Karnataka
SAKARAYI PATNA (HOBLI),
KADURU TALUK,
CHIKKAMAGALURU DISTRICT - 577 548.
...PETITIONERS
(BY SRI. A.N. RADHA KRISHNA., ADVOCATE FOR P1;
PETITION AGAINST P2 IS DISMISSED AS NOT PRESSED
VIDE ORDER DATED 19.02.2025)
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CRL.P No. 1059 of 2025
C/W CRL.P No. 389 of 2022
CRL.P No. 5043 of 2022
AND:
1. THE STATE OF KARNATAKA,
BY K.R. PURA POLICE,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2. SMT. DIVYA,
W/O PRAMOD .S.J.,
AGED ABOUT 37 YEARS,
RESIDING AT 4TH CROSS,
DEVARAJU ARASU ROAD,
SARASWATHIPURAM,
TUMKUR TOWN,
TUMKUR
...RESPONDENTS
(BY SRI.THEJESH, HCGP FOR R1;
SRI.V.G.RAJENDRA, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528
BNNS) PRAYING TO SET ASIDE THE ORDER DATED 07/06/2021,
PASSED BY THE LEARNED X ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BENGALURU, IN C.C. NO.52717/2021 FOR
OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506,
R/W 34 INDIAN PENAL CODE, AND UNDER SECTIONS 3 AND 4 OF
D.P. ACT, AND QUASH THE PROCEEDINGS IN C.C. NO.52717/2021,
IN RESPECT OF PETITIONERS.
IN CRL.P NO. 389/2022
BETWEEN:
SACHIN,
S/O JAYANNA GOWDA,
AGED ABOUT 28 YEARS,
R/AT SWAMY KATTE,
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CRL.P No. 1059 of 2025
C/W CRL.P No. 389 of 2022
CRL.P No. 5043 of 2022
SAKKRAYAPATTANA HOBLI,
KADUR TALUK,
CHIKKAMAGALURU - 577 135.
...PETITIONER
(BY SRI. SANTHOSH B.,ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY K.R. PURAM POLICE STATION,
BENGALURU - 560 036.
(REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING - 560 001).
2. G. DIVYA,
W/O PRAMOD S.G.,
AGED ABOUT 34 YEARS,
R/AT 4TH CROSS,
D- DEVARAJU ARASU ROAD,
SARASWATHIPURAM,
TUMKUR - 572 111.
...RESPONDENTS
(BY SRI.THEJESH, HCGP FOR R1;
SRI.V.G.RAJENDRA, 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.52717/2021 ON THE
FILE OF THE X ACMM, MAYO HALL, BANGALORE WHICH IS
ARISING OUT OF CR.NO.52/2021 OF K.R PURAM P.S., BANGALORE
FOR THE OFFENCE P/U/S 498A, 323, 504, 506 R/W 34 OF IPC AND
U/S 3,4 OF D.P ACT AS AN ABUSE OF PROCESS OF LAW.
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CRL.P No. 1059 of 2025
C/W CRL.P No. 389 of 2022
CRL.P No. 5043 of 2022
IN CRL.P NO. 5043/2022
BETWEEN:
1. JAYANNA GOWDA,
S/O GOVINDA GOWDA,
AGED ABOUT 63 YEARS,
R/AT SWAMY KATTE,
SAKKRAYAPATTANA HOBLI,
KADUR TALUK,
CHIKKAMAGALURU - 577 135.
2. SHANTHAMMA,
C/O GOVINDA GOWDA,
AGED ABOUT 60 YEARS,
R/AT SWAMY KATTE,
SAKKRAYAPATTANA HOBLI, KADUR TALUK,
CHIKKAMAGALURU - 577 135.
...PETITIONERS
(BY SRI. SANTOSH B., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY K.R. PURAM POLICE STATION,
BENGALURU - 560 036.
(REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING - 560 001).
2. G. DIVYA,
W/O PROMOD S.G.,
AGED ABOUT 34 YEARS,
R/AT 4TH CROSS, D. DEVARAJU ARASU ROAD,
SARASWATHIPURAM,
TUMKUR - 572 111.
...RESPONDENTS
(BY SRI.THEJESH, HCGP FOR R1;
SRI.V.G.RAJENDRA, ADVOCATE FOR R2)
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CRL.P No. 1059 of 2025
C/W CRL.P No. 389 of 2022
CRL.P No. 5043 of 2022
THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.52717/2021 ON THE
FILE OF THE X ACMM, MAYO HALL, BANGALORE WHICH IS
ARISING OUT OF CR.NO.52/2021 OF K.R PURAM P.S., BANGALORE
FOR THE OFFENCE P/U/S 498A,323,504, 506 R/W 34 OF IPC AND
SEC.3, 4 OF DP ACT AS AN ABUSE OF PROCESS OF LAW.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Learned counsel for the petitioner in Crl.P.No.1059/2025 has
filed memo seeking permission to dismiss the petition as against
petitioner No.2 as not pressed and the same is taken on record.
Accordingly, petition as against petitioner No.2 is dismissed as not
pressed.
2. In Crl.P.No.1059/2025, petitioner No.1 (A1) seeks for the
following relief :-
"Wherefore, the Petitioners humbly pray that this
Hon'ble Court may be pleased to set aside the order dated
07.06.2021, passed by the Learned X Additional Chief
Metropolitan Magistrate, Bengaluru, in C.C.No.52717/2021
for offences punishable under Sections 498(A), 323, 504,
506 R/W 34 Indian Penal Code, and under Sections 3 and
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4 of D.P. Act and quash the proceedings in
C.C.No.52717/2021."
3. In Crl.P.No.389/2022, petitioner (A4) seeks for the
following relief:-
"Wherefore, the petitioner (Accused No.4) above
named most humbly prays that this Hon'ble Court be
pleased to quash the entire proceedings in
C.C.No.52717/2021 on the file of Hon'ble X Additional
Chief Metropolitan Magistrate at Mayo Hall, Bengaluru,
which is arising out of Crime No.52/2021 of K.R. Puram
Police Station, Bengaluru for offences under sections 498-
A, 323, 504, 506 read with 34 of I.P.C. and under sections
3 and 4 of Dowry Prohibition Act as an abuse of process of
law and grant such other relief."
4. In Crl.P.No.5043/2022, petitioners - accused Nos.2 and
3) seek for the following relief:-
"Wherefore, the petitioners (Accused No.2 and 3))
above named most humbly prays that this Hon'ble Court
be pleased to quash the entire proceedings in
C.C.No.52717/2021 on the file of Hon'ble X Additional
Chief Metropolitan Magistrate at Mayo Hall, Bengaluru,
which is arising out of Crime No.52/2021 of K.R. Puram
Police Station, Bengaluru for offences under sections 498-
A, 323, 504, 506 read with 34 of I.P.C. and under sections
3 and 4 of Dowry Prohibition Act as an abuse of process of
law and grant such other relief."
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5. Heard learned counsel for the respective petitioners and
learned HCGP for 1st respondent - State as well as learned
counsel for 2nd respondent - complainant and perused the material
on record.
6. Petitioner (A1) - Sri.Pramod S.J. and respondent No.2 -
complainant Smt.Divya are physically present before the Court
and they are identified by their respective counsel and both admit
the contents of the Joint Memo dated 01.10.2024 filed before the
Family Court at Tumakuru in M.C.No.280/2024, which reads as
under:-
JOINT MEMO
"The Petitioner and Respondent beg to state as follows:
The petitioner has filed the above petition against respondent
for the relief of dissolution of marriage dated 24.04.2011
solemnized at Vishlakshamma Sadashkivaiah Sababhavana
Shetihalli main road, Tumakuru. The above case is pending
for adjudication posted for cross-examination of P. W-1.
2. The respondent also filed petition in Crl.Mis. No.389/2021
against petitioner for the relief of maintenance before the
Hon'ble III Addl. Principal Judge, Family Court at Bengaluru
The said petition is pending for adjudication. The respondent
also filed another case against petitioner and his family
members in C.C.No.52717/2021 for the offence punishable
Under Sec.498(A) of I.P.C. The said case is pending before
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the Hon'ble X ACMM (Addl. Chief Metrolpolitan Magistrate)
Mayohall at Bengaluru.
3. The respondent (as a natural guardian) also filed original
suit in O.S.No.290/2021 filed against petitioner and his family
members for the relief of partition and separate possession,
the said case is pending on the file of Hon'ble Prl.Senior Civil
Judge & C.J.M, at Tumakuru.
4. When the fact stood thus, on the advise of the family
members, elders and well wishers of both the parties have
decided to settle the matter amicably with the following terms
and conditions:
a) This compromise petition filed by both the parties with
free-will and without any force coercion and undue influence.
b) The respondent agreed to withdraw maintenance petition
in Crl.Mis.389/2021 pending on the file of III Addl. Judge,
Family Court at Bengaluru.
c) The Respondent is consent to quash the criminal case
before the Hon'ble High Court of Karnataka, Bengaluru, now
pending before the Hon'ble X Additional Chief Metropolitan
Magistrate Court, Bengaluru in CC No.52717/2021.
d) Respondent also agreed to withdraw O.S.290/2021
pending on the file of principal Sr.Civil Judge & C.J.M,
Tumakuru.
e) The petitioner agreed to withdraw the said petition i.e., MC
280/2024 & agreed to live with respondent happily after that
the Respondent withdraw the above all cases, in case of the
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petitioner or respondent violate the said conditions the
petitioner or respondent is right to liberty to re-open the
above mentioned all cases. Until withdrawal of all cases
petitioner can meet his son and wife (Respondent)
frequently, and take care of them.
5. After withdraw the case as stated supra, if the petitioner or
respondent violates any terms and conditions as stated
above, the petitioner and respondent are agreed to re-open
the case in the respective courts.
Wherefore, the petitioner and the respondent respectfully
prays that this Hon'ble Court may kindly be pleased to allow
this Joint memo and pass judgment and decree as per terms
and conditions of compromise petition in the interest of
justice and equity."
7. A perusal of the material on record would indicate that
petitioner No.1 (A1) in Crl.P.No.1059/2025 is the husband of
respondent No.2-complainant and petitioner in Crl.P.No.389/2022
is the brother-in-law as well as petitioners in Crl.P.No.5043/2022
are the father-in-law and mother-in-law of the complainant. In the
aforesaid M.C.No.280/2024, petitioner No.1(A1) and respondent
No.2-complainant have amicably settled the dispute among
themselves and have filed the aforesaid Joint Memo dated
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01.10.2024, in which they jointly agreed to get the impugned
proceedings quashed as against the petitioners - accused persons.
8. In view of the aforesaid settlement arrived at between the
parties, the impugned proceedings as against the respective
petitioners - accused Nos.1, 4, 2 and 3 deserves to be quashed.
9. In the result, I pass the following:-
ORDER
(i) Crl.P.No.1059/2025, Crl.P.No.389/2025 and
Crl.P.No.5043/2022 are hereby allowed.
(ii) The impugned proceedings in C.C.No.52717/2021
pending on the file of X ACMM, Mayo Hall, Bengaluru, (arising out
of Crime No.52/2021 registered by the 1st respondent - Police)
insofar as the petitioners - Accused Nos.1, 4, 2 and 3 respectively
are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
NG/SRL
