Criminal Petition No. 6730 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21327 CRL.P No. 6730 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6730 OF 2025 BETWEEN: 1. 2. SAJITH P., S/O BALAKRISHNAN P, AGED ABOUT 34 YEARS, R/AT CHANDRAPURAM HOUSE, PANAYAL POST, PANIYAL DISTRICT, KASARAGOD DISTRICT, KERALA-671318 BALAKRISHANA P., S/O KRISHNAN P., AGED ABOUT 66 YEARS, R/AT CHANDRAPURAM HOUSE, PANAYAL POST, VTC: PANAYAL, POST PANIYAL, SUB DISTRICT: HOSADURG, KASARAGOD DISTRICT, KERALA-671318 3. RAMANI W/O BALAKRISHNAN P, AGED ABOUT 57 YEARS, R/AT CHANDRAPURAM HOUSE, PANAYAL POST, VTC: PANAYAL, POST PANIYAL, SUB DISTRICT: HOSADURG, KASARAGOD DISTRICT, KERALA-671318 4. SARITHA W/O DINESH, AGED ABOUT 41 YEARS, R/AT CHANDRAPURAM HOUSE, PANAYAL POST, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:21327 CRL.P No. 6730 of 2025 HC-KAR KASARAGOD DISTRICT KERALA-671318 5. SAVITHA P W/O SATISHA, AGED ABOUT 38 YEARS, R/AT CHANDRAPURAM HOUSE, PANAYAL POST, KASARAGOD DISTRICT KERALA-671318 6. DINESHAN P S/O Av. THAMBAN, AGED ABOUT 48 YEARS, THOLENI, KARINDALAM, KOLLAMPARA, KASARAGOD, KERALA-671314 7. SATISHKUMAR R., S/O RAJAPPAN NAIR, AGED ABOUT 50 YEARS, ARAVATH HOUSE, PANAYAL POST, PANIYAL DISTRICT, KASARAGOD KERALA-671318
Legal Reasoning
(BY SMT. DEEPA, ADVOCATE) AND: 1. THE STATE BY AMASEBAILU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-563124 2. GREESHAMA D/O MUARALIODHARAN, AGED ABOUT 28 YEARS, R/AT ULIKODLU, RATTADI VILLAGE, KUNDAPURA TALUK, UDUPI, KARNATAKA-576227 …PETITIONERS …RESPONDENTS - 3 - NC: 2025:KHC:21327 CRL.P No. 6730 of 2025 HC-KAR (BY SRI. CHENNAPPA ERAPPA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. GANGADHARA D.C., ADVOCATE FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE,1973 (FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO QUASH THE CHARGE SHEET DATED 19.02.2025 IN CC.NO.176/2025 PENDING ON THE FILE OF HON'BLE COURT OF II ADDL. CIVIL JUDGE AND JMFC COURT, KUNDAPURA TALUK AND UDUPI DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 352, 351(2), 190 OF BNS AND SECTIONS 3, 4 AND 6 OF DOWRY PROHIBITION ACT IN SO FAR PETITIONERS CONCERNED. 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 have sought for the following relief:- “To quash the charge sheet dated 19.02.2025 in CC.No.176/2025 pending on the file of Hon'ble court of II Addl. civil judge & JMFC court, Kundapura Taluk and Udupi District for the offence punishable under section 85, 115(2), 352, 351(2), 190 of BNS and section 3, 4, 6 of Dowry Prohibition Act in so for petitioners Concerned in the interest of justice and equity.” - 4 - NC: 2025:KHC:21327 CRL.P No. 6730 of 2025 HC-KAR 2. Learned counsel for the petitioners – accused Nos.1 to 7 and learned counsel for respondent No.2 – complainant have filed a Joint memo today duly signed by the petitioner No.1, respondent No.2 and their respective counsel and the same is taken on record. 3. It is noticed that petitioner Nos.2 and 7 are not present before the Court. Petitioner No.1 has filed the affidavit on his behalf and on behalf of the other petitioners. Petitioner Nos.1, 3 to 6 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint memo, which reads as under:- “JOINT MEMO The Petitioner No.1 and Respondent No.2 submits as follows 1. The petitioner herein filed for quash the charge sheet in CC No.176/2025 pending on the file of Hon'ble court of II Addl civil judge & JMFC court, Kundapura Taluk Amasebailu police station and Udupi District for the offence punishable under section 85,115(2), 352, 351 (2), 190 of BNS and section 3, 4 of Dowry prohibition Act. 2. The Respondent No.2 herein have no objection for quash the matter and both parties ready to settle the matter before the mediation Kundapura. - 5 - NC: 2025:KHC:21327 CRL.P No. 6730 of 2025 HC-KAR 3. Both the parties are ready to settle the matter within one month from today which is pending before Senior Civil Judge at Kundapura in the file of M.C No. 7/2025 petition filed by the Respondent No.2 Under Section 13(1)(ia) R/w Section 19 to 21 of the Hindu Marriage Act 1955 as amended by Marriage Laws (Amendment) Act No.68 of 1976. 4. Both the parties state and agree that they have no claims of maintenance/ permanent alimony against each other either past, present or in future, as both of them are gainfully employed. 5. Both the parties state that they have no claims of their movable or immovable properties either existing or to be acquired in future or ancestral property. 6. Both the parties further agree that they have no other claim of whatsoever manner against each other past present or future. 7. Both petitioner state and agree that there are no other pending/ Authority and they have withdrawn all the allegation as made against each other. 8. Both the petitioner further state that there has been no collusion or force, fraud or any undue influences in entering into this settlement/ agreement in the aforesaid manner. 9. Both the petitioner admit that they shall not interfere in the lives of each other in future." - 6 - NC: 2025:KHC:21327 CRL.P No. 6730 of 2025 HC-KAR 4. In view of the aforesaid settlement entered into between the petitioner No.1 / petitioners and respondent No.2, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of Joint memo dated 18.06.2025. (ii) All further proceedings pursuant to the charge sheet dated 19.02.2025 in C.C.No.176/2025 (arising out of Crime No.37/2024 of respondent No.1 – Police) registered for the offences punishable under Sections 85, 115(2), 352, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 pending on the file of II Additional Civil Judge and JMFC, Kundapura Taluk and Udupi District, insofar as the petitioners / accused Nos.1 to 7 are concerned are hereby quashed. (iii). In view of disposal of this petition, I.A. No.I/2025 for stay does not survive for consideration and the same stands rejected. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA / List No.: 1 Sl No.: 52