Karnataka High Court
Mr Adithya Suri vs State Of Karnataka on 20 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:2339
CRL.P No. 12919 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 12919 OF 2023 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. MR ADITHYA SURI
S/O ANUP SURI,
AGED ABOUT 29 YEARS,
R/AT NO.1230, SECTOR 9,
FARIDABAD, HARYANA 121 006.
2. MRS JYOTHI SURI
W/O ANUP SURI,
AGED ABOUT 63 YEARS,
R/AT NO.1230, SECTOR 9
FARIDABAD, HARYANA - 121 006.
3. MR ANUP SURI
S/O SHYAM SUNDER SURI,
AGED ABOUT 65 YEARS,
R/AT NO.1230, SECTOR 9
FARIDABAD, HARYANA 121 006.
...PETITIONERS
(BY SRI. ANIL KUMAR M V.,ADVOCATE)
AND:
Digitally signed by
LEELAVATHI S R 1. STATE OF KARNATAKA
Location: High BY BASAVANAGUDI WOMEN POLICE STATION
Court of Karnataka REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU 560 001.
2. SMT TARUNIKA KHANNA
W/O ADITYA SURI,
D/O ARUN KHANNA,
AGED ABOUT 29 YEARS,
R/AT NO.A-1207, RNS SHANTHI NIVAS,
TUMKUR ROAD, YESHWANTHPUR,
BANGALORE 560 022.
...RESPONDENTS
(BY SMT.RASHMI JADHAV, ADDL.SPP FOR R-1
SRI. C.V. SRINIVASA ADVOCATE FOR R-2)
-2-
NC: 2025:KHC:2339
CRL.P No. 12919 of 2023
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO A. SET ASIDE
THE IMPUGNED ORDER OF TAKING COGNIZANCE AGAINST THE
PETITIONER/ACCUSED PERSONS DATED 06.07.2023 PASSED BY THE HO
NBLE XXXVII ACMM, BENGALURU IN C.C.NO.16644/2023 FOR OFFENCE
P/U/S.498-A,506,323 R/W SEC.34 OF IPC AND SEC.4 OF DP ACT 1961.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioners seek the following reliefs:
"i. Set aside the impugned Order of taking cognizance
against the Petitioners/accused persons dated 06.07.2023
passed by Hon'ble XXXVII A.C.M.M., Bangalore in
C.C.16644/2023 for offences punishable under Section
498(A), 506, 323 R/w. Section 34 of I.P.C. and Section 4 of
Dowry Prohibition Act, 1961.
ii. Quash the charge sheet filed by the Respondent No.1
police against Petitioners/Accused persons in Crime
No.310/2022 of Basavanagudi Women Police, for offences
punishable under Section 498(A), 506, 323, R/w. Section 34
of IPC and Section 34 of Dowry Prohibition Act, 1961
pending on the file of the Hon'ble XXXVII A.C.M.M.
Bangalore in C.C.16644/2023 (Annexure-D) and
consequently, quash the entire proceedings against the
petitioners in C.C.16644/2023 pending on the file of the
Hon'ble XXXVII A.C.M.M, Bangalore.
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iii. Grant such other relief as this Hon'ble Court may deem fit
on the facts and circumstances of the case."
2. Learned counsel for the petitioners-accused Nos.1 to 3
and learned counsel for 2nd respondent- have filed an application
under Section 320(2) of Cr.P.C. A/w Section 359 of B.N.S.S., duly
signed by the petitioners, 2nd respondent and their respective
counsel and the same is taken on record.
3. Petitioners-accused Nos.1 to 3 and respondent No.2 are
physically present before the Court and they admit the contents of
the aforesaid application under Section 320(2) of Cr.P.C., which
reads as under:-
"The petitioners/accused persons and the
respondent No.2/complainant submit as follows:-
1. This application is filed seeking permission to
compound the offences punishable U/s. 498-A, 506,
323, R/w 34 of IPC and Sections 4 of D.P. Act in
CC.No.16644/2023 pending before the XXXVII Addl
Chief Metropolitan Magistrate at Bangalore and now
transferred to XXXII Addl Chief Metropolitan Magistrate
at Bangalore.
2. It is submitted that at the intervention of the elders and
the well wishers both the petitioners and the
Respondent No.2 have settled all the differences
between them and also compromised the aforesaid
NC: 2025:KHC:2339
disputes in order to bring the peace between them.
Accordingly the 1st petitioner and the 2nd respondent
have compromised their dispute in M.C.No.6622/2022
C/w. M.C.No.7115/2023 filed u/s. 13(1)(i-a) of the Hindu
Marriage Act, 1955 on the file of Hon'ble Judge Family
Court at Bangalore as per the Mediation dated
16.01.2025 petitioner and the second respondent have
settled all their disputes and also their marriage was
dissolved by virtue of judgment dated 17.01.2025
passed by the Hon'ble IV Addl. Judge Family Court at
Bangalore.
3. It is further submits that the first petitioner will paid
Rs.20,00,000/- (Rupees Twenty lakhs only) to the 2nd
respondent towards all claims as permanent alimony as
full and final settlement by way of Demand Draft
bearing No.438910 dated 13/01/2025 drawn on State
Bank of India Sector 9 Faridabad Branch for the sum of
Rs.20,00,000/- (Rupees twenty Lakhs only), and the
said Demand drafts will be handed over to second
respondent before the Hon'ble High Court of
Karnataka.
4. It is submitted that as per the mediation report the
second respondent has agreed to withdraw/quashing
the above mentioned criminal case in terms of the
compromise petition. Under these circumstances the
petitioners prefer this criminal petition for quashing the
FIR, Complaint charge sheet and entire proceedings in
CC No.16644/2023 pending before the XXXII Addl.
Chief Metropolitan Magistrate at Bangalore.
NC: 2025:KHC:2339
5. In view of the settlement arrived between the petitioner
No.1 and the respondent No.2, the
complainant/respondent No.2 has agreed to quash
criminal proceedings initiated by her and she has
withdrawn all the allegations and charges against the
petitioners. The complainant/respondent No.2 has no
objection for quashing the criminal proceedings
pending against the petitioners.
6. The petitioners and the complainant/respondent No.2
have understood the contents of this application and
out of their free will, volition and without any fear, force
threat, or coercion, have affixed their signatures to this
application.
WHEREFORE, it is prayed that this Hon'ble Court be
pleased to allow the application and to permit the
petitioners/accused persons and the complainant/
respondent No.2 to compound the above alleged offences
punishable U/s 498-A, 506, 323 R/w 34 of IPC and
Sections 4 of D.P. Act in CC No.16644/2023 pending
before XXXII Addl. Chief Metropolitan magistrate at
Bangalore in the ends of justice."
4. In view of the aforesaid compromise entered into between
the petitioners and 2nd respondent, the impugned criminal
proceedings in C.C.No.16644/2023 pending on the file of the XXXII
Addl. Chief Metropolitan Magistrate, Bengaluru, are hereby
quashed.
NC: 2025:KHC:2339
5. Petition stands disposed of accordingly in terms of the
said joint compromise petition.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
