Mr Sathish R Vs State of Karnataka

L. N. PURAM, SRIRAMPURAM, BENGALURU 560 021. AGED ABOUT 36 YEARS, RESIDING AT M-120, 5^TH CROSS, 7^TH MAIN, L. N. PURAM, SRIRAMPURAM, BENGALURU 560 021.

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…PETITIONERS

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(BY SRI. PARAMESWARAPPA C., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY SRIRAMPURA POLICE STATION,

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2 - NC: 2025:KHC:35780 CRL.P No. 12525 of 2025

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HC-KAR

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BENGALURU CITY, BENGALURU 560003 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU 560001

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MRS. KAVYA K D/O. KALIDAS, W/O. SATHISH R AGED ABOUT 35 YEARS, RESIDING AT NO 2/7, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU 560003

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…RESPONDENTS

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(BY SRI.M.R.PATIL, HCGP FOR R1 SRI.K.H.THIMMAIAH, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.30160/2022 ARISING OUT OF CR.NO.50/2022 OF THE VYALIKAVAL P.S., BENGALURU CITY, PENDING ON THE FILE OF THE XXXII ACJM, AT BENGALURU, FOR THE OFFENCES P/U/S 498(A), 323, 504, 506 R/W 34 OF IPC, 1860, BY ALLOWING THIS PETITION.

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

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3 -

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NC: 2025:KHC:35780 CRL.P No. 12525 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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This petition is filed by the husband and mother-in-law of respondent No.2/complainant seeking quashing of the proceedings pending in Cr.No.50/2022 for the offences punishable under Sections 498-A, 504 r/w Section 34 of IPC.

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Today, a joint affidavit has been filed under Section 320 read with Section 482 of the Code of Criminal Procedure, seeking permission of this Court to compound the offences in terms of the settlement arrived at before the Mediation Centre in M.C.No.28/2023.

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Respondent No.2/wife is present before this Court. On being queried, she confirms that the parties have amicably settled their dispute through the Mediation Centre in the matrimonial proceedings. She further states that, pursuant to the settlement, the marriage between petitioner No.1 and respondent No.2 has been dissolved and that she has no intention to pursue the criminal prosecution. She therefore prays that the proceedings be quashed in view of the settlement already reached between the parties.

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4 - NC: 2025:KHC:35780 CRL.P No. 12525 of 2025

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HC-KAR

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Upon examination of the records, this Court finds that although the offence under Section 498A IPC is noncompoundable, the dispute in question arises out of matrimonial differences between the husband and wife, which have been resolved through mediation, culminating in dissolution of marriage. In these circumstances, continuation of the criminal prosecution would serve no useful purpose and would amount to an abuse of process of law.

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Accordingly, the following order is passed:

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ORDER

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i) The petition is allowed.

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ii) The proceedings in C.C.No.30160/2022, arising out of Crime No.50/2022, for the offences punishable under Sections 498A and 504 read with Section 34 of the IPC, pending before the XXXII ACMM, Bengaluru, are hereby quashed insofar as the petitioners are concerned.

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All pending interlocutory applications, if any, stand disposed of.

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Sd/-

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(SACHIN SHANKAR MAGADUM) JUDGE

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VM List No.: 1 Sl No.: 65

Mr Sathish R v. State of Karnataka

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Mr Sathish R v. State of Karnataka

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