High Court quashed proceedings under Section 498-A IPC pending against petitioners (accused 1, 3, 4, 5). Court accepted wife's affidavit showing family settlement, renewed reconciliation, and voluntary consent to compound the offence.
Proceedings in C.C.No.3449/2018 against petitioners were quashed and matter dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.7875 OF 2024
BETWEEN:
ALL ARE RESIDING AT NO.1101, 2ND CROSS J.P.STORE, RAJANIFORM ROAD RAJAGOPALANAGARA BENGALURU-560 058
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
NOTE: ACCUSED NO.2 DIED HENCE HE IS NOT MADE PARTY TO THIS PETITION
…PETITIONERS
(BY SRI MALATESH S.R., ADVOCATE)
AND:
BY KAGGALIPURA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 082
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC. PRAYING TO QUASH THE PROCEEDINGS IN CC.NO.3449/2018 (CR.NO.151/2017) OF KAGGALIPURA POLICE STATION PENDING ON THE FILE OF II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT AT BENGALURU AS AGAINST ACCUSED NOS.1, 3, 4 AND 5.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners, who are accused Nos.1, 3, 4 and 5 are before this Court calling in question the proceedings in CC.No.3449/2018 (Crime No.151/2017) of Kaggalipura Police Station pending on the file of II Additional Chief Judicial
Magistrate, Bengaluru Rural District, Bengaluru for the offence punishable under Section 498-A of IPC.
"I, Smt.Narasamma, W/o Srinivas, D/o M Muniyappa, aged about 25 years, residing Kaggalipura Colony, Uttarahalli Hobli, Bengaluru-560082, do hereby solemnly affirm and state on oath as follows:
WHEREFORE, this Hon'ble Court may kindly be pleased to quash the entire proceedings in C.C.No.3449/2018 pending on the file of the II Addi Chief Judicial Magistrate Rural Court at Bangalore under Section 498(a), 323, 504, 506 R/s 149 of IPC, in the interest of justice.
I verify that, the contents mentioned in above paragraphs are true and correct to the best of my knowledge and belief."
against the State, I deem it appropriate to accept the settlement and the application seeking compounding of the offence and closing of the proceedings against the petitioners.
ORDER
i) This Criminal Petition is disposed ;
ii) The proceedings against the petitioners in CC.No.3449/2018 (Crime No.151/2017) pending before II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, stands quashed.
Sd/(M.NAGAPRASANNA) JUDGE
LB List No.: 2 Sl No.: 61
1 issue framed by the court
Whether cancellation of FIR by wife after reconciliation and settlement is permissible under Section 482 Cr.P.C. and IPC Section 498-A.
2 provisions across 2 enactments
Srinivasa (A-1)
Arasamma (A-3)
Muniraju (A-4)
Anurathna (A-5)
State of Karnataka
Smt. Narasamma W/o Srinivasa
M.Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
