Criminal Petition No. 6776 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:22578 CRL.P No. 6776 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6776 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR MURALI KUMAR C., 2. S/O LATE CHANDRU K. R., AGED ABOUT 26 YEARS, R/AT NO. 204, 2nd CROSS, ASHRAYA NILAYA, CANARA BANK COLONY, NAGARABHAVI MAIN ROAD, BANGALORE CITY – 560 072 SMT. NEHA W/O LATE CHANDRU K. R., AGED ABOUT 26 YEARS, R/AT NO. 204, 2nd CROSS, ASHRAYA NILAYA, CANARA BANK COLONY, NAGARABHAVI MAIN ROAD, BANGALORE CITY – 560 072 (BY SRI. KARIAPPA N. A., ADVOCATE) AND: 1. 2.
Legal Reasoning
STATE OF KARNATAKA BY WOMEN POLICE STATION, MYSORE CITY – 570 001 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE – 560 001)
Legal Reasoning
SMT. SHRUTHI N., W/O MURALI KUMAR, AGED ABOUT 32 YEARS, R/AT NO.959, SHRI ANJANADHRI, 7th MAIN, 11th CROSS, DOCTOR COLONY, GOKULAM MYSORE CITY – 570 002 Digitally signed by CHANDANA B M Location: High Court of Karnataka …PETITIONERS (BY SRI. JAGADEESHA B.N., ADDL. SPP FOR R1; SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE FOR R2) …RESPONDENTS - 2 - NC: 2025:KHC:22578 CRL.P No. 6776 of 2024 HC-KAR THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.187/2023 OF WOMEN POLICE STATION, MYSURU WHICH IS PENDING IN VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A, 504 R/W SEC.34 OF IPC AND U/S.3 AND 4 OF DP ACT AS ABUSE OF PROCESS OF LAW AND ETC. 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, petitioner has sought for the following relief:- “1. To quash the FIR registered in Crime No.187/2023 of Women Police station which is pending in VII Additional Senior Civil Judge & JMFC, Mysuru for offences under section 498-A, 504 read with 34 of IPC and Under section 3 and 4 of Dowry Prohibition Act as an abuse of process of law. 2. To set aside the Order of Cognizance and issue of process dated 23-2-2024 passed in C.C.No.89/2024 pending on the file of Hon'ble VII Additional Senior Civil Judge and JMFC Musuru as an abuse of process of law. 3. To quash the entire proceedings in C.C.No.89/2024 on the file of Hon'ble VII Additional Senior Civil Judge and JMFC Mysuru. Which is arising out of Crime No.187/2023 of Women Police Station, Mysuru City for offences U/s 498-A, 504 read with 34 of IPC and U/s 3 and 4 of Dowry Prohibition Act, as an abuse of process of law. - 3 - NC: 2025:KHC:22578 CRL.P No. 6776 of 2024 HC-KAR 4. To grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstance of the Case in the Interest of Justice.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for respondent No.2 – complainant have filed an application under 320 read with 482 of Code of Criminal Procedure along with the affidavit dated 26.06.2025, duly signed by the petitioners, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioners – accused, respondent No.2-complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Application along with affidavit, which reads as under:- “APPLICATION FILED UNDER 320 READ WITH 482 OF CODE OF CRIMINAL PROCEDURE The Petitioners and Respondent No.2 submits as follows: 1. It is submitted that the Petitioners are preferring this Criminal Petition to Quash the Criminal case in C.C.No.89/2024 pending on the file of Hon'ble VII Additional Senior Civil Judge and JMFC, Mysore City, which is arising out of Crime No.187/2023 of Women Police Station, Mysore City, for offences U/s 498A, - 4 - NC: 2025:KHC:22578 CRL.P No. 6776 of 2024 HC-KAR 504 read with 34 of Indian Penal Code and U/s 3 and 4 of Dowry Prohibition Act. 2. During the pendency of above petition the Petitioners and Respondent No.2 have reached for amicable settlement to quash the Criminal Proceedings pending against petitioners in C.C.No.89/2024 pending on the file of Hon'ble VII Additional Senior Civil Judge and JMFC, Mysore City, with a condition that the Petitioners have agreed to pay Rupees 27,00,000/- out of which 7,00,000/- is already paid to Respondent No.2 in the Form of Demand Draft No.345385 dated 23-4-2025 Drawn on Union Bank, Chandra Layout Branch, Bangalore and remaining 20,00,000/- is given in form of a Fixed Deposit which can be drawn in the name of minor son namely Dakshath Gowda. The Respondent No.2 as Guardian is entitle to withdraw only the Interest amount for welfare of the child and principal amount can be withdrawn only after minor son attains age of majority and same has been recorded by Hon'ble Court in M.C.No.468/2025 and the Demand Draft will be tendered before this Hon'ble Court to Respondent No.2 and the same is acknowledged by her, as a full and final settlement. 3. The Offences alleged are arising out of matrimonial and family dispute in between the couples not touch the interest of society or of any moral turpitude hence it may be quashed. Wherefore the Petitioners and Respondent No.2 most humbly pray that this Hon'ble Court be pleased to quash the - 5 - NC: 2025:KHC:22578 CRL.P No. 6776 of 2024 HC-KAR Criminal Proceedings in C.C.No.89/2024 pending on the file of Hon'ble VII Additional Senior Civil Judge and JMFC, Mysore City, which is arising out of Crime No.187/2023 of Women Police Station, Mysore City, for offences U/s 498A, 504 read with 34 of Indian Penal Code and U/s 3 and 4 of Dowry Prohibition Act, in its entirety, in the ends of Justice. “JOINT AFFIDAVIT Mr.Murli Kumar.C, S/o Late Chandru K.R, aged about 26 years, r/at No.204, 2nd Cross, Ashraya Nilaya, Canara Bank Colony, Nagarbhavi Main Road, BANGALORE CITY- 560072. Smt.Neha, W/o Late Chandru.K.R, aged about 54 years, r/at No.204, 2nd Cross, Ashraya Nilaya, Canara Bank Colony, Nagarbhavi Main Road, BANGALORE CITY-560072. AND Smt.Shruthi N, W/o Murli Kumar C, aged about 33 years, r/at No.959, Anjanadri, 11th Cross, 7th Main, 3rd Stage, Gokulam, Mysore-570002, now on visit to Bangalore 1. We are well conversant with the facts of the above case and application. Hence, swearing to this joint affidavit. 2. The averments made in the accompanying application from Paras 1 to 3 for settlement and to quash the proceedings are true and correct to the best of our knowledge, information and belief. 3. The first of me (Petitioner.No.1) and Respondent No.2 Petitioners and Respondent No.2 have reached - 6 - NC: 2025:KHC:22578 CRL.P No. 6776 of 2024 HC-KAR for amicable Settlement to quash the Criminal Proceedings pending against petitioners in C.C.No.89/2024 pending on the file of Hon'ble VII Additional Senior Civil Judge and JMFC, Mysore City, with a condition that the Petitioner No.1 have agreed to pay Rupees 27,00,000/- out of which 7,00,000/- is already paid to Respondent No.2 in the Form of Demand Draft No.345385 dated 23-4-2025 Drawn on Union Bank, Chandra Layout Branch, Bangalore and remaining 20,00,000/- is given in form of a Fixed Deposit which can be drawn in the name of minor son namely Dakshath Gowda. The Respondent No.2 as Guardian is entitle to withdraw only the interest amount for welfare of the child and principal amount can be withdrawn only after minor son attains age of majority and the Demand Draft will be tendered before this Hon'ble Court to Respondent No.2 and the same is acknowledged by her, as a full and final settlement.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of the Joint application under 320 read with 482 of Code of Criminal Procedure along with the affidavit dated 26.06.2025. - 7 - NC: 2025:KHC:22578 CRL.P No. 6776 of 2024 HC-KAR (ii) The proceedings in C.C.No.89/2024 (arising out of Crime No.187/2023 of 1st respondent – Police) registered for the offences punishable under Sections 498-A, 504 r/w. Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of the VII Additional Senior Civil Judge and JMFC, Mysuru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 3