Citation : 2025 Latest Caselaw 9696 Kant
Judgement Date : 3 November, 2025
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NC: 2025:KHC:44110
CRL.P No. 4436 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 4436 OF 2025
BETWEEN:
1. SRI. CHANDAN P.
S/O PUTTASWAMY,
AGED ABOUT 36 YEARS,
2. SMT. NAGARATNA
W/O PUTTASWAMY,
AGED ABOUT 65 YEARS,
3. SRI. PUTTASWAMY N.
S/O NINGEGOWDA,
AGED ABOUT 71 YEARS,
ALL ARE RESIDING AT NO.31,
NANDAGOKULA, RTO OFFICE ROAD,
Digitally
60 FEET ROAD, RTO OFFICE,
signed by ULLAL, BANGALORE-01.
LAKSHMI T
Location: ...PETITIONERS
High Court
of Karnataka
(BY SRI. MANIKANTA H.B., ADVOCATE (P/H))
AND:
1. THE STATE OF KARNATAKA
BASAVANAGUDI POLICE STATION,
THYAGARAJ NAGAR,
BENGALURU-560 070.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560 001.
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NC: 2025:KHC:44110
CRL.P No. 4436 of 2025
HC-KAR
2. SMT. ARPITHA
D/O LATE RAJAMUDI,
AGED ABOUT 33 YEARS,
R/A #205, 5TH MAIN, 1ST CROSS,
KUMARASWAMY LAYOUT, II STAGE,
BANGALORE-560 079.
...RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H);
SRI. RATHAN S., ADVOCATE FOR R2 (P/H))
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO: (I) QUASH THE ENTIRE PROCEEDINGS,
CORRECTNESS OF THE ORDER DATED 27.01.2024, TAKING
COGNIZANCE, REGISTERING A CRIMINAL CASE AND ISSUING
PROCESS TO SECURE THE APPEARANCE OF THE PETITIONERS
PASSED BY THE OFFENCE PUNISHABLE UNDER SECTION 498A,
504 OF THE INDIAN PENAL CODE, 1860 AND SECTION 3 AND 4
OF DOWRY PROHIBITION ACT, 1961; (II) CONSEQUENTLY,
QUASH THE CHARGE SHEET FILED BY THE RESPONDENT
NO.1/POLICE IN C.C.NO.2520/2024 AGAINST THE
PETITIONERS FOR THE OFFENCES UNDER SECTION 498A, 504
OF THE INDIAN PENAL CODE, 1860 AND SECTION 3 AND 4 OF
DOWRY PROHIBITION ACT, 1961 ON THE FILE OF THE (24TH
ACMM) XXXVII ADDL. CHIEF JUDICIAL MAGISTRATE,
BENGALURU CITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:44110
CRL.P No. 4436 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners are seeking to quash the entire
proceedings, initiated against them by respondent
No.2/defacto complainant for the offence punishable under
Section 498A, 504 of IPC and Section 3 and 4 of the
Dowry Prohibition Act, 1961 pending in C.C.No.2520/2024
on the file of the Court of XXXVII Additional Chief Judicial
Magistrate (24th ACMM), Bengaluru City.
2. A joint memo is filed signed by the petitioners
as well as respondent No.2 and the respective learned
counsel appearing for them. Joint memo reads as under:
"It is respectfully submitted that, the nd Petitioners and the 2 Respondent herein have agreed for amicable settlement as per the terms of the Memorandum of Settlement in MC No.6746/2023on the file of III Addl. Principal Judge, Family Court, Bengaluru, judgment dated 22/11/2024, hence the present petition be allowed in terms of the Memorandum of Settlement in MC No.6746/2023 on the file of III Addl. Principal
NC: 2025:KHC:44110
HC-KAR
Judge, Family Court, Bengaluruin the interest of justice and equity."
3. It is submitted that a memorandum of
settlement was filed before the III Additional Principal
Judge, Family Court at Bengaluru in M.C.No.6746/2023, in
terms of which the said petition has been disposed of by
the Court, based on the mediation agreement and the
marriage of petitioner No.1 with respondent No.2 has been
dissolved through a decree of divorce.
4. The order passed by the Family Court,
Bengaluru along with the memorandum of settlement filed
by the parties under Section 89 of CPC r/w Rules 24 and
25 of the Karnataka Civil Procedure (Mediation) Rules,
2005 are furnished.
5. Para 8 of the said memorandum of settlement
is extracted here under:
8. In view of this settlement the petitioner has agreed to co-operate in closing / quashing the proceedings in C.C.No.2520/2024 pending
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HC-KAR
before 24th ACMM, Bengaluru filed against the respondent for the offence punishable under Section 498-A, 506 of IPC R/W Section 3 & 4 of D.P. Act."
6. Respondent No.2 present before the Court
submits that in view of the settlement she is not interested
in proceeding with the matter and she has no objection to
quash the entire proceedings now pending against the
petitioners.
7. Matter arises out of a matrimonial dispute,
wherein the parties have entered into a memorandum of
settlement before the Family Court, Bengaluru pursuant to
which a decree of divorce has been passed. Respondent
No.2 has no objection to quash the proceedings. Hence,
no useful purpose will be served in continuing the
proceedings pending against the petitioners. Therefore, it
is expedient in the interest of justice, to quash the
proceedings. Accordingly, the following:
NC: 2025:KHC:44110
HC-KAR
ORDER
Petition is allowed.
The entire proceedings in C.C.2520/2024 pending on
the file of the Court of 24th ACMM, Bengaluru are quashed.
Sd/-
(MOHAMMAD NAWAZ) JUDGE
HB
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