Criminal Petition No. 243 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:6619 CRL.P No. 243 of 2025 C/W CRL.P No. 11308 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 243 OF 2025 C/W CRIMINAL PETITION NO. 11308 OF 2022 IN CRL. P. NO.243/2025: BETWEEN: KRISHNA KUMAR, JAGANATHA N., AGED 35 YEARS, NRA 11, 13TH CROSS, BAHUBALI NAGAR, JALAHALLI, BENLGAURU 560 058. (BY SRI. HANUMESH H.N., ADVOCATE) IN CRL.P.NO.11308/2022: BETWEEN: Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA 1. 2. KOMALA, W/O JAGANATHA N., AGED ABOUT 54 YEARS, R/A #495, 7TH CROSS, RAJEEV GANDHI NAGAR, LAGGERE, BENGALURU-560 058. JAGANATHA, S/O H. NARAYANAPPA, AGED ABOUT 56 YEARS, R/A #495, 7TH CROSS, RAJEEV GANDHI NAGAR, LAGGERE, BENGALURU-560 058. …PETITIONER
Legal Reasoning
(BY SRI. HANUMESH H.N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJGOPAL NAGARA POLICE STATION …PETITIONERS - 2 - NC: 2025:KHC:6619 CRL.P No. 243 of 2025 C/W CRL.P No. 11308 of 2022 REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE 560001. 2. SMT. MALASHREE, W/O KRISHNA KUMAR, AGED 27 YAERS R/A 578, 9TH CROSS, 4TH MAIN, AGARAHARA LAYOUT, YELHANAKA, BENGLAURU 560064. …RESPONDENTS (COMMON) (BY SRI. THEJESH, HCGP FOR R1; SRI. M. CHANDRASHEKAR, ADVOCATE FOR R2) THE CRL.P NO. 243/2025 IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 08.06.2021 OF THE VII ADDL. CMM COURT, AT BANGALORE THEREBY TAKING COGNIZANCE IN C.C. NO.13318/2021 FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND 506 IPC R/W 34 OF I.P.C AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT, AND CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS PENDING THEREON. THE CRL.P NO.11308/2022 IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 08.06.2021 OF THE VII ADDL. CMM COURT, AT BANGALORE THEREBY TAKING COGNIZANCE IN C.C. NO.13318/2021 FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND 506 IPC R/W 34 OF I.P.C AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT, AND CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS PENDING THEREON THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:6619 CRL.P No. 243 of 2025 C/W CRL.P No. 11308 of 2022 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In these petitions, petitioners have sought for the following reliefs:- In Crl.P.No.243/2025 "Set aside the order dated 08.06.2021 of the VII Addl. CMM Court, at Bangalore thereby taking cognizance in C.C. No. 13318/2021 for the offenses punishable under Sections 498A, 323, 504 and 506 IPC r/w 34 of I.P.C and U/s 3 and 4 of Dowry Prohibition Act., and consequently, quash the entire proceedings pending thereon." In Crl.P.No.11308/2022 "Set aside the order dated 08.06.2021 of the VII Addl. CMM Court, at Bangalore thereby taking cognizance in C.C. No. 13318/2021 for the offenses punishable under Sections 498A, 323, 504 and 506 IPC r/w 34 of I.P.C and U/s 3 and 4 of Dowry Prohibition Act., and consequently, quash the proceedings pending thereon." 2. Learned counsel for the petitioners – accused No.1 to 3 and learned counsel for second respondent – complainant in both the petitions have filed joint affidavits duly signed by the petitioners, second respondent and their respective counsels and the same are taken on record. - 4 - NC: 2025:KHC:6619 CRL.P No. 243 of 2025 C/W CRL.P No. 11308 of 2022 3. Petitioners-accused Nos.1 to 3 and second respondent are physically present before the Court and they admit the contents of the joint affidavit, which reads as under:- In Crl.P.No.243/2025 WE, Krishna Kumar, S/o Jaganatha N, Aged about 35 years, Residing at #11, 13th cross, Bahubali Nagar, Jalahalli, Bengaluru-560058, and; Smt.Malashree, W/o Krishna Kumar, Aged about 27 years, Residing at 578,9th Cross, 4th Main, Agrahara Layout, Yelhanka, Bengaluru-560064 1. That we are the Petitioner and the Respondent No.2/Original Complainant in the aforesaid case and we are aware of the facts and circumstances of the case. Hence we are swearing to this affidavit. 2. It is submitted that on the basis of a complaint lodged by the Original Complainant/Respondent No.2 against the Petitioners, the Respondent Police have registered an Cr.No.110/2021 on 12.02.2025 and taken up investigation. After completion of investigation, the Respondent Police have filed charge sheet against the Petitioner for offences punishable under Sections 498A, 323,504,506 R/w 34 of I.P.C. After perusing the records, the Learned XXXI Additional Chief Metropolitan Magistrate, at, Bengaluru, has taken cognizance for the aforesaid offences against the Petitioner and issued summons in C.C. No.13318/2021. The instant criminal petition is filed challenging the entire proceedings in C.C. No.13318/2021. - 5 - NC: 2025:KHC:6619 CRL.P No. 243 of 2025 C/W CRL.P No. 11308 of 2022 3. It is submitted that the instant complaint was filed due to some misconception of facts and differences between the Petitioners and Respondent No.2, which has culminated into the aforesaid case before the Learned Magistrate. 4. Both parties submit that during the pendency of the instant Petition, at the instance of well-wishers and friends, they have arrived at a compromise and settled the dispute amicably. They have resolved all disputes between themselves. WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to compound the offences punishable under Section 498A, 323,504,506 R/w 34 of I.P.C in C.C. No. 13318/2021 pending on the file of XXXI Additional Chief Metropolitan Magistrate, at, Bengaluru, and subsequently quash the entire criminal proceedings in C.C. 13318/2021, in the interest of justice and equity." In Crl.P.No.11308/2022 "We, Komala W/o Jaganatha N Aged about 54 years, Residing at #495, 7th Cross, Rajeev Gandhi Nagar Laggere Bengaluru 560058 And I Jaganatha S/o H Narayanappa, Aged about 56 years, Residing at #495, 7th Cross, Rajeev Gandhi Nagar, Laggere, Bengaluru-560058 And; Smt.Malashree W/o Krishna Kumar Aged about 30 years Residing at 578, 9Th Cross, 4th Main, Agrahara Layout, - 6 - NC: 2025:KHC:6619 CRL.P No. 243 of 2025 C/W CRL.P No. 11308 of 2022 Yelhanka, Bengaluru-560064 hereby declare and state on oath as follows: 1. That we are the Petitioner No.01 and 02 and the Respondent No.2/Original Complainant in the aforesaid case and we are aware of the facts and circumstances of the case. Hence we are swearing to this affidavit. 2. It is submitted that on the basis of a complaint lodged by the Original Complainant/Respondent No.2 against the Petitioners, the Respondent Police have registered a Cr.No.110/2020 and taken up investigation. After completion of investigation, the Respondent Police have filed charge sheet against the Petitioner for offences Crime No. 110/2021 against the Petitioner alleging the commission of an offense punishable under Sections 498- A, 323, 504, 506 r/w 34 of IPC r/w sections 3 and 4 of the Dowry Prohibition Act, 3. After perusing the records, the Learned IX Additional Chief Metropolitan Magistrate, at, Bengaluru, has taken cognizance for the aforesaid offences against the Petitioner and issued summons on 08.06.2021 in C.C. No.13318/2021. The instant criminal petition is filed challenging the entire proceedings. 4. It is submitted that the instant complaint was filed due to some misconception of facts and differences between the Petitioners and Respondent No.2, which has culminated into the aforesaid case before the Learned Magistrate. 5. Both parties submit that during the pendency of the instant Petition, at the instance of well-wishers and friends, - 7 - NC: 2025:KHC:6619 CRL.P No. 243 of 2025 C/W CRL.P No. 11308 of 2022 they have arrived at a compromise and settled the dispute amicably. They have resolved all disputes between themselves and further obtained a divorce decree on 17.12.2024 in M.С.4507/2024 before 3rd Addl. Family Court judge as per the mediation agreement dated 16.12.2024. 6. It is submitted that none of the offences are punishable with death or imprisonment for life, except for the offence Crime No.110/2021 against the Petitioner alleging the commission of an offense are compoundable in nature. It is a purely private dispute between the parties, which will have no impact on the society. Therefore, this Hon'ble Court may be pleased to look into the gravity and nature of the heinousness of the offences and its impact on the society and permit the parties to compromise the matter and consequently quash the entire proceedings in C.C. No. 13318/2021. WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to compound the offences punishable under Section for offense punishable under Sections 498-A, 323, 504, 506 r/w 34 of IPC r/w sections 3 and 4 of the Dowry Prohibition Act, 1961 in C.C. No. 13318/2021 pending on the file of 31st Additional Chief Metropolitan Magistrate, at, Bengaluru, and subsequently quash the entire criminal proceedings in C.C. No. 13318/2021, in the interest of justice and equity." - 8 - NC: 2025:KHC:6619 CRL.P No. 243 of 2025 C/W CRL.P No. 11308 of 2022 4. In view of the aforesaid settlement entered into between the petitioner and second respondent, I pass the following:
Decision
ORDER (i) The petitions are disposed of in terms of the joint affidavits. (ii) The proceedings in C.C.No.13318/2021 (arising out of Crime No.110/2021) of 1st respondent – Police) registered for the offences punishable under Sections 498(A), 323, 504, 506 read with 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of the VII Additional CMM Court, Bengaluru, insofar as the petitioners in both the petitions are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB