Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7827 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1. SRI. AMIT RAJ S/O. SANJAY KUMAR AGED ABOUT 31 YEARS.
2. SMT.KIRAN SINGH W/O. SANJAY SINGH AGED ABOUT 56 YEARS.
3. SANJAY KUMAR S/O. DEV UGRAH SINGH AGED ABOUT 60 YEARS.
4. SAHIL KUMAR S/O. SANJAY KUMAR AGED ABOUT 25 YEARS ALL ARE R/AT NO.GRAM-ISMAILPUR, PATNA, BIHAR - 804 453. Digitally signed by 5. RAJEEV RANJAN CHANDANA
BM S/O. RAM NARESH CHOUDHARY Location: AGED ABOUT 44 YEARS High Court R/AT NO.D-401, SRINIDHI THE CENTRAL PARK, of Karnataka 14TH ‘A’ CROSS, BRINDAVAN LAYOUT,NEAR AAYAPPA TEMPLE, LB SHASTRI NAGAR, VIMANAPURA, BANGALURU - 560 017. …PETITIONERS (BY SRI. S.R. MURALIDHAR, ADVOCATE) AND:
1. THE STATE BY SANJAYNAGAR POLICE STATION BANGALORE. -2-
2. SMT.RENUKA, W/O AMIT RAJ D/O SRI YOGENDRA SINGH, AGED ABOUT 29 YEARS R/AT NO.402, 4TH FLOOR, DS MAX PROPERTIES 3RD MAIN, MATHIKERE, BANGALORE - 560 054. …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R-1; SRI. RAJA K.P., ADVOCATE FOR R-2) THIS CRL.P. IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C
PRAYING TO QUASH THE COMPLIANT AND THE FIR IN CRIME NO.90/2024 P/U/S.498-A, 504, 506 R/W SEC.34 OF IPC AND SECTIONS 3 AND 4 OF DP ACT FILED BY RESPONDENT NO.2 AGAINST THE PETITIONER REGISTERED AS CRIME NO.90/2024 IN NORTH WOMEN POLICE STATION PENDING BEFORE THE 32ND ACMM AT BENGLAURU PLACED AT ANNEXURE A.
THIS PETITION, COMING ON FOR ORDERS, 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 reliefs:-
“a) Quashing the complaint and the FIR in Crime No.90/2024 punishable under Sections 498A, 504, 506 R/w 34 IPC and Sections 3 and 4 of DP Act filed by Respondent No.2 against petitioner registered as Crime No.90/2024 in North Women Police Station pending before the 32nd Addl. Chief Metropolitan Magistrate at Bangalore placed at Annexure-A; -3-
b) Any other relief this Hon’ble Court feels deem fit in the facts and circumstances of this Hon’ble Court; in the interest of justice and equity.”
2. Learned counsel for the petitioners - accused Nos.1 to
5 have filed an Application - I.A.1/2025 for compounding the criminal proceedings along with Affidavit of petitioner No.1 duly signed by petitioner No.1 and his counsel and the same is taken on record.
3. Petitioner Nos.1 and 2 - accused Nos.1 and 2 and
their counsel and 2nd respondent and her counsel are physically present before the Court and they admit the contents of the Application and Affidavit, which reads as under:- “APPLICATION UNDER SECTION 320 OF CRIMINAL PROCEDURE CODE, 1973.
That for the reasons stated in the accompanying affidavit the petitioner respectfully prays that his Hon’ble Court may be pleased to pass an order compounding the offences in the complaint and the FIR in Crime No.90/2024 in North Women Police Station, Bangalore under Sections 498A, 504, 506 r/w 34 of IPC and Section 4 of DP Act against all the petitioners pending before 32nd ACJM, -4-
Bangalore placed at Annexure-A to the main criminal petition in the interest of justice and equity.” AFFIDAVIT “I, Sri. Amit Raj S/o Sanjay Kumar, Aged about 33 years R/at Ismailpur Village, Nisarpura (Post), Parsa Bazar P.S, Patna (District), Bihar - 804 453 today at Bengaluru, do hereby solemnly affirm and state on oath as follows:
1. I am the petitioner No.1 in the above criminal petition in the criminal petition and well conversant with the
facts of the case.
2. Further I am deposing for the self and on behalf of the petitioner Nos.2 to 5 also, who are none other than my parents, brother and cousin herein.
3. I am filing the accompanying this application
seeking compounding of the offences in above criminal proceedings complaint and the FIR in Crime No.90/2024 in North Women police Station, Bangalore under Sections 498A, 504, 506 R/w 34 IPC and Section 4 of DP ACT against all the petitioners pending before 32nd ACJM Court, Bangalore placed at Annexes-A herein as the matter is settled between me and the respondent No.2.
4. It is to be mentioned that the petitioner Nos.2
to 4 are in no way concerned with the misunderstanding between me and the respondent No.2. Further the petitioner Nos.2 and 4 are none other than my old aged parents and -5- senior citizens and also they have been suffering from age related health problems.
5. Further I submit that after the marriage of me and
Respondent No.2 we lived as husband and wife only for the period of 15 days at Bangalore. There after there were serious misunderstandings and differences arose between us due to lack of mutual confidence in each other and finally we started living separately from 30/08/2023. Even after we were living separately, as the misunderstanding became intolerable, the Respondent No.2 herein approached the North Women Police Station, Bangalore City and lodged a complaint against me and my family members. On the basis of the said complaint North Women Police Station, Bangalore City have registered a case in Crime No.90/2024 for offences punishable U/s 498A, 504, 506 R/w 34 of Indian Penal Code 1860 and Section 4 of Dowry Prohibition Act 1961. The said case is pending before 32nd Addl Chief Metropolitan Magistrate Court Bangalore. A separate petition for quashing these Complaint and FIR has been filed along with this petition. Further the matter is settled between me and respondent No.2 by virtue of the mediation agreement on intervention of mediators. Further myself and Complainant / respondent No.2 have reached an amicable settlement of the matter, agreed and prepared to compromise the above criminal case before the learned IV Addl. Family Court Judge at Bengaluru in MC No.2086/2025. Hence the application. -6-
6. The respondents have no grievances or allegations against me and the petitioners. Hence sought for the quashing of the entire criminal proceedings in view of the settlement entered between us.
7. If the accompanying application is not allowed we will be put to irreparable loss and injury which cannot be compensated in any manner and if the same is allowed there is no hardship on the other side.
8. The contents of this affidavit mentioned above are all true and correct to the best of my knowledge information and belief.”
4. In view of the aforesaid facts and circumstances and
the fact that the petitioner No.1 - accused No.1 and respondent No.2 - Complainant have settled the matrimonial dispute through mediation in M.C.No.2086/2025 before the IV Addl. Family Court, Bengaluru, continuation of criminal proceedings against the petitioners would amount to abuse of process of law and the same deserves to be quashed.
5. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: -7-
ORDER
(i) The petition is disposed of in terms of Application - I.A.1/2025 and Affidavit of the petitioner.
(ii) The Complaint and FIR in Crime No.90/2024
dated 18.10.2024 of North Women Police Station registered for the offences punishable under Sections 498A, 504, 506 r/w 34 of IPC and Section 4 of the Dowry Prohibition Act, pending on the file of the 32nd Addl. Chief Metropolitan Magistrate, Bengaluru, in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 123