Criminal Petition No. 2172 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:5896 CRL.P No. 2172 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2172 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. 2. 3. ARJUN RAJ T.V. S/O THEERTHANAND P AGED ABOUT 33 YEARS THEERTHANAND P S/O P NARAYANA AGED ABOUT 63 YEARS ANURADHA W/O THEERTHANAND P AGED ABOUT 63 YEARS All ARE R/AT NO.143, 3RD MAIN, 1ST CROSS, AMCO LAYOUT. SAHAKARANAGAR, BENGALURU 560 092. 4. GEETHADEVI T W/O SHASHIKUMAR AGED ABOUT 37 YEARS 5. SHASHIKUMAR @ SHASHIKUMAR L KRISHNAMURTHY S/OKRISHNAMURTHY G R AGED ABOUT 42 YEARS PETITIONERS 4 AND 5 ARE R/AT NO.27, KRISHNAM T C PALYA MAIN ROAD ASHIRWAD LAYOUT, ANANDPURA CIRCLE, MAGONDANAHALLI, K R PURAM, BENGALURU 560 036.
Legal Reasoning
(BY SRI. G RAMANA, ADVOCATE) …PETITIONERS Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5896 CRL.P No. 2172 of 2023 AND: 1. THE STATE OF KARNATAKA BY KODIGEHALLI POLICE STATION YELAHANKA SUB DIVISION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING COMPLEX BENGALURU 560 001. 2. NEERANJANI W/O ARJUN RAJ T V AGED ABOUT 29 YEARS R/AT NO.26/4/3223 SADASHIVANAGAR MEALPURAM, HINDUPUR, ANANTHAPURA DISTRICT, ANDRA PRADESH 515 201. (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; SMT. JAMUNA BAI, ADVOCATE FOR R-2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR REGISTERED AGAINST THE PETITIONERS IN CRIME NO.10/2023 OF KODIGEHALLI POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 498A, 323, 324, 504, 506 R/W 149 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF HON’BLE VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. 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, petitioners have sought for the following relief:- “Wherefore, the petitioners / accused Nos.1 to 5 prays that this Hon’ble Court be pleased to allow the petition and - 3 - NC: 2025:KHC:5896 CRL.P No. 2172 of 2023 quash the FIR registered against the petitioners in Crime No.10/2023 of Kodigehalli Police Station for the alleged offence punishable under Sections 498A, 323, 324, 405, 506 read with 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of Hon’ble VII Additional Chief Metropolitan Magistrate at Bengaluru, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1 to 5 and learned counsel for respondent No.2 – complainant have filed Joint Compromise Memo along with separate Affidavits of 1st petitioner and 2nd respondent duly signed by them and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Compromise Memo and the Affidavits filed by them, which reads as under:- “JOINT COMPROMISE MEMO It is submitted that, the petitioner No.1 and respondent No.2 are the husband and wife they marriage have solemnized on 25.04.2018 some disputes arose and divorced by compromise on 18.01.2025 between the both the parties. The 2nd respondent have lodged the police complaint before the 1st respondent and charge sheeted with - 4 - NC: 2025:KHC:5896 CRL.P No. 2172 of 2023 CC No.19305/2023 pending before the VII Addl. Chief Metropolitan Magistrate, Bengaluru. It is further submitted that the petitioners / accused have filed above criminal petition for quashing the offences under Sections 498(A), 323, 324, 504 and 506 r/w 149 IPC and Sections 3 and 4 of the Dowry Prohibition Act. It is further submitted that, both the husband and wife in the above case compromised and the divorced on 18.01.2025. Hence, this Memo for quashing the offences mentioned above by allowing this petition. Wherefore, it is most humbly prayed that this Hon’ble Court be pleased to allow the petition by quashing the offences punishable under Sections 498(A), 323, 324, 504 and 506 r/w 149 IPC and Sections 3 and 4 of the Dowry Prohibition Act, charge sheeted by the 1st respondent with CC No.19305/2023 the same is pending before VII Addl. Chief Metropolitan Magistrate, Bengaluru, in the interest of justice and equity.” “AFFIDAVIT BY THE 1ST PETITIONER (HUSBAND) “I, Arjun Raj T.V S/o Therthanand P., aged about 35 years, R/at No.143, 3rd Main, 1st Cross, AMCO Layout, Sahakaranagara Post, Bengaluru – 560 092, do hereby solemnly affirm and state on oath as follows: I, state that, I am the 1st petitioner / 1st Accused in the above case, my marriage with 2nd respondent, have solemnized on 25.04.2018. I am swearing on behalf of my parents i.e., petitioner No.2 and 3. The Petitioner accused No.4 and 5 have deleted by the 1st respondent police in the - 5 - NC: 2025:KHC:5896 CRL.P No. 2172 of 2023 charge sheet. Meanwhile, some disputes arose and divorced by compromised on 18.01.2025 between the both the parties before Mediation Centre, Bengaluru, meanwhile, the 2nd respondent have lodged the police complaint against all the petitioners / accused. The same is charge sheeted by the 1st respondent police with CC No.19305/2023 pending before VII Add. ACMM, Bengaluru U/Section 498(A), 323, 324, 504, 506 R/w 149 IPC and Sections 3 and 4 of Dowry Prohibition Act. Meanwhile, the petitioners have filed the above Criminal Petition U/Section 482 Cr.P.C. for quashing the offences the 2nd respondent. Meanwhile, we have alleged by compromised by paying the amount of Rs.60.00 lakhs as a permanent alimony and welfare and education of my child by name Venishka G., aged about 5 years and filed Joint Compromise Memo on 07.02.2025 before this Hon’ble Court. Hence, this affidavit for confirming the facts of the case. Therefore, it is most humbly prayed that this Hon’ble Court be pleased to quash the offences alleged by the 2nd respondent under Section 498(A), 323, 324, 504, 506 R/w 149 IPC and Sections 3 and 4 of Dowry Prohibition Act, with CC No.19305/2023 pending before the VII Addl. ACMM, Bengaluru, in the interest of justice and equity. What are stated above are all true and correct to the best of our knowledge.” AFFIDAVIT BY THE 2ND RESPONDENT (WIFE) “I, G.Neeraja Rani W/o Arjun Raj T.V., aged about 32 years, working as Data Engineer in Apexon Company, at Bengaluru, R/at C/o Gandla Ranganath, A2, 404, 4th Floor, - 6 - NC: 2025:KHC:5896 CRL.P No. 2172 of 2023 A.Vaishnavi North, 24, 6th Cross Road, Kempapura, Hebbal Village, Bengaluru – 560 024, do hereby solemnly affirm and state on oath as follows: I, state that, I am the 2nd respondent and wife of the 1st petitioner in the above case, my marriage was solemnized with 1st petitioner, on 25.04.2018. Meanwhile, some disputes arose and divorced by compromised on 18.01.2025 between the both the parties before Mediation Centre, Bengaluru, meanwhile, the 2nd respondent have lodged the police complaint against all the petitioners / accused. The same is charge sheeted by the 1st respondent police against the petitioner No.1 to 3 only and deleting the respondent No.4 and 5 in charge sheet No. CC No.19305/2023 pending before VII Add. ACMM, Bengaluru U/Section 498(A), 323, 324, 504, 506 R/w 149 IPC and Sections 3 and 4 of Dowry Prohibition Act. Meanwhile, the petitioners have filed the above Criminal Petition U/Section 482 Cr.P.C. for quashing the offences by me. Meanwhile, we have compromised by receiving the amount of Rs.60.00 lakhs as a permanent alimony, welfare and education of my child by name Venishka G., aged about 5 years and filed Joint Compromise Memo on 07.02.2025 before this Hon’ble Court. Hence, this affidavit for confirming the facts of the case. Therefore, it is most humbly prayed that this Hon’ble Court be pleased to quash the offences alleged by me offence punishable under Sections 498(A), 323, 324, 504, 506 R/w 149 IPC and Sections 3 and 4 of Dowry Prohibition Act, with CC No.19305/2023 pending before the VII Addl. ACMM, Bengaluru, in the interest of justice and equity. - 7 - NC: 2025:KHC:5896 CRL.P No. 2172 of 2023 What are stated above are all true and correct to the best of our knowledge.” 4. In view of the aforesaid settlement entered into between the 1st petitioner and 2nd respondent, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of Joint Compromise Memo dated 07.02.2025. (ii) The proceedings in C.C.No.19305/2023 (arising out of Crime No.10/2023 of 1st respondent – Police) registered for the offences punishable under Sections 498(A), 323, 324, 504 and 506 r/w 149 IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of VII Addl. Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. SV List No.: 4 Sl No.: 1 Sd/- (S.R.KRISHNA KUMAR) JUDGE