Dilip Kumar R Naidu Vs Tejasvi C

DILIP KUMAR R NAIDU AGED ABOUT 34 YEARS, S/O RAVI NAIDU, R/AT NO.23, 13^TH MAIN ROAD, J.C. NAGAR, KURUBARAHALLI, MAHALAKSHMI LAYOUT, BENGALURU-560 086.

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GAJALAKSHMI NAIDU R/AT NO.23, 13^TH MAIN ROAD, J.C. NAGAR, KURUBARAHALLI, MAHALAKSHMI LAYOUT, BENGALURU-560 086.

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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RAVI NAIDU R/AT NO.23, 13^TH MAIN ROAD, J.C. NAGAR, KURUBARAHALLI, MAHALAKSHMI LAYOUT, BENGALURU-560 086.

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…PETITIONERS

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(BY SRI. HITESH KUMAR, ADVOCATE (P/H))

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AND:

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TEJASVI C. W/O DILEEP KUMAR, AGED ABOUT YEARS, RESIDING AT NO.23, 13^TH MAIN ROAD,

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NC: 2025:KHC:44992 CRL.P No. 11511 of 2025

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HC-KAR

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J.C. NAGAR, KURUBARAHALLI.

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STATE OF KARNATAKA BY BASAVANAGUDI WOMEN P.S., JAYANAGAR SUB DIVISION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, OPP. VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI. RAHUL RAI K., HCGP FOR R2 (P/H); SRI. RAJENDRA V.G., ADVOCATE FOR R1 (ABSENT))

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THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO: (A) QUASH THE FIR IN CR.NO.242/2021, U/S 498A & 504 OF IPC DATED 06.12.2021 (ANNEXURE-B); (B) QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.10478/2022 PENDING BEFORE THE XXXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, ARISING OUT OF CRIME NO.242/2021 OF BASAVANAGUDI WOMEN POLICE STATION, BENGALURU, AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE UNDER SECTIONS 498-A AND 504 OF THE IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:44992 CRL.P No. 11511 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioners are seeking to quash the proceedings in C.C.No.10478/2022 pending before the Court of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru.

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The above case before the trial Court arise out of Crime No.242/2021 of Basavangudi Women Police Station, Bengaluru, registered on a complaint lodged by respondent No.1 herein, for the offence punishable under Section 498A and 504 of IPC and Section 3 and 4 of the Dowry Prohibition Act.

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It is the case of complainant/respondent No.1 that her marriage with accused No.1 was fixed to be held on 26.06.2020 at one Guruswamy Mahal Convention Hall, Vellore town and prior to the marriage, during engagement ceremony there was a demand for dowry of cash and gold. Due to Covid 2019 Pandemic, marriage could not be performed on the said date and thereafter,

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NC: 2025:KHC:44992 CRL.P No. 11511 of 2025

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HC-KAR

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the marriage was held on 02.07.2020 in the native of accused No.1 at K.A.Mottur, Tamil Nadu. It is alleged that prior to marriage, as per the demand of accused persons, dowry was paid. After the marriage, the accused started harassing her for petty reasons and demanded further dowry etc.

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It is submitted by the learned counsel for petitioners that respondent No.1 filed a petition in M.C.No.3105/2021 before the VI Additional Principal Judge, Family Court seeking dissolution of marriage. In the said case, a memorandum of settlement was filed under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. Attention is drawn to Para 6(a) of the memorandum of settlement, as per which, the petitioner i.e., respondent No.1 herein has agreed to cooperate to close/quash the case i.e., now pending in C.C.No.10478/2022 on the file of XXXVII ACMM, Bengaluru.

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5 - NC: 2025:KHC:44992 CRL.P No. 11511 of 2025

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HC-KAR

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Memorandum of settlement is produced at

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Annexure-F.

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It is stated that pursuant to the memorandum

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of settlement filed before the Family Court, Bengaluru, an order has been passed on 08.07.2024 by the Family Court, dissolving the marriage of the parties solemnized on 02.07.2020. The mediation settlement report is part and parcel of the said decree passed by the Family Court.

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The parties have entered into a settlement before the Family Court, Bengaluru in M.C.No.3105/2021, wherein respondent herein agreed to close the instant case pending against the petitioners. The marriage between petitioner No.1 and respondent No.1 has been dissolved by a decree of divorce consequent to the mediation settlement and the memorandum of settlement entered between them. In the said facts and circumstances, continuation of the present proceedings against the petitioners is an abuse of process of law and deserves to be quashed. Accordingly, the following:

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6 - NC: 2025:KHC:44992 CRL.P No. 11511 of 2025

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HC-KAR

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ORDER

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Petition is allowed .

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The entire proceedings in C.C.No.10478/2022 pending before the Court of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru arising out of Crime No.242/2021 of Basavangudi Women Police Station, Bengaluru are quashed.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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HB List No.: 1 Sl No.: 77

Dilip Kumar R Naidu v. Tejasvi C

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Dilip Kumar R Naidu v. Tejasvi C

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