Allowed¶41

Prathik Dighe v. the State of Karnataka

Quashing – Matrimonial dispute

Karnataka HC24 Sept 2025CRL.P/12900/2025

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Case brief

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What is this about?

Karnataka High Court, Bengaluru; CRL.P No. 12900 of 2025; decided 24-09-2025; Justice Sachin Shankar Magadum. Quashing of criminal case C.C. No. 16899/2023 (Crime No. 0152/2022, Kodigehalli Police Station, Bengaluru) under Sections 323, 352, 354, 354-A, 354-B, 504, 506 r/w 34 IPC against husband and his friend; settlement under Section 89 CPC with Rules 24 and 25, Karnataka Civil Procedure (Mediation) Rules, 2005; dissolution of marriage; permanent alimony/full and final settlement Rs. 9,00,000 by demand draft; abuse of process of law; petition allowed; proceedings quashed qua petitioners.

What did the court decide?

Criminal proceedings in C.C. No. 16899/2023 (Crime No. 0152/2022) pending before the VII ACMM, Bangalore, quashed insofar as they relate to the petitioners. ¶41

Prathik Dighe Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal proceedings in C.C. No. 16899/2023 (Crime No. 0152/2022) pending before the VII ACMM, Bangalore, quashed insofar as they relate to the petitioners.

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Issue for consideration

Whether the criminal proceedings pending in C.C. No. 16899/2023 (arising out of Crime No. 0152/2022) against the petitioners, the husband and his friend, for offences punishable under Sections 323, 352, 354, 354-A, 354-B, 504, 506 read with Section 34 of IPC should be quashed in view of the amicable settlement between petitioner No. 1 and respondent No. 2.

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Court's answer

In view of the amicable settlement, the Court having secured dissolution of the marriage between petitioner No. 1 and respondent No. 2 together with reciprocal payment of permanent alimony of Rs. 9,00,000/-, continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law.

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Ratio / Principle

The proceedings in C.C. No. 16899/2023, arising out of Crime No. 0152/2022, pending before the VII ACMM, Bangalore, for offences punishable under Sections 323, 352, 354, 354-A, 354-B, 504, 506 read with Section 34 of IPC, insofar as they relate to the petitioners, are quashed.

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Detailed headnote1 paragraphs

Quashing — Matrimonial dispute — Criminal petition under S. 482 Cr.PC (filed u/s 528 BNNS) by husband and his friend to quash charge sheet in C.C. No. 16899/2023 (arising out of Crime No. 0152/2022) pending before VII ACMM, Bengaluru, for offences under Sections 323, 352, 354, 354(A), 354(B), 504, 506 r/w Section 34 IPC. Pursuant to a memorandum of settlement under Section 89 CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, the marriage between petitioner No. 1 and respondent No. 2 stood dissolved and the husband paid Rs. 9,00,000/- towards full and final settlement/permanent alimony by demand draft, whose receipt respondent No. 2 admitted before the Court. Holding that continuation of the criminal proceedings would serve no useful purpose and amount to an abuse of the process of law, the High Court allowed the petition and quashed the proceedings insofar as they related to the petitioners.

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1 - NC: 2025:KHC:38602 CRL.P No. 12900 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12900 OF 2025

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BETWEEN:

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PRATHIK DIGHE S/O PRASHANTH DIGHE AGED ABOUT 32 YEARS R/AT NO 903, 9^TH FLOOR ROSSA CLASSIC KASARVADAVALLI THANE WEST,

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MAHARASHTRA-400 619

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PARIKSHIT

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S/O SANJAY VALSANGKAR AGED ABOUT 30 YEARS R/AT NO.1501, 15^TH FLOOR HANUMAN CHOWK

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Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

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MULUND EAST, MUMBAI -400 081.

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(BY SRI. ANAND M SHOLAPURMATH., ADVOCATE)

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… PETITIONERS

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AND:

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THE STATE OF KARNATAKA BY KODIGEHALLI POLICE STATION BENGALURU-560 092. REPTD BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001

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NC: 2025:KHC:38602 CRL.P No. 12900 of 2025

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HC-KAR

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SHWETHA JADHAV

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AGED ABOUT 30 YEARS D/O SURESH JADHAV W/O PRATIK DIGHE R/AT D148, DS MAX SIGNATURE, LKR NAGAR, DEVI NAGAR NAGASHETTY HALLI BANGALORE-560 094

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… RESPONDENTS

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(BY SRI. ANOOP KUMAR, HCGP FOR R1; R2 - PRESENT)

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THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS), PRAYING TO ALLOW THIS CRIMINAL PETITION THEREBY QUASHING THE ENTIRE CHARGE SHEET IN CRIMINAL CASE REGISTERED AGAINST THE PETITIONER NO.1 AND 2 IN C.C.NO.16899/2023 IN THE COURT OF THE VII A.C.M.M BENGALURU ANNEXURE-C, IN FOR THE OFFENCES UNDER SECTIONS 323, 352, 354, 354(A), 354(B), 504, 506 R/W SECTION 34 OF INDIAN PENAL CODE AND ETC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 his friend seeking quashing of the proceedings pending in C.C. No. 16899/2023, arising out of Crime No. 0152/2022, pending before the VII ACMM, Bangalore, for the offences punishable under Sections 323, 352, 354, 354-A, 354-B, 504, 506 read with Section 34 of IPC.

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3 - NC: 2025:KHC:38602 CRL.P No. 12900 of 2025

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HC-KAR

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Petitioner's counsel referring to memorandum of settlement filed under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, would point out that the marriage of the 1^st petitioner and 2^nd respondent is dissolved and in terms of the dissolution of marriage, the husband has agreed to make payment of Rs.9,00,000/- towards full and final settlement. The said amount is already paid by way of demand draft.

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The 2^nd respondent who is present before the Court admits that the marriage is dissolved. She also admits that she has received a sum of Rs.9,00,000/- by way of demand draft which is credited to her account.

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In view of amicable settlement and the fact that

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this Court has given a quietus by securing dissolution of marriage and reciprocal payment of permanent alimony to the tune of Rs.9,00,000/-, continuation of the criminal

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NC: 2025:KHC:38602 CRL.P No. 12900 of 2025

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HC-KAR

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proceedings would serve no useful purpose and would amount to an abuse of the process of law.

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5. Accordingly, this Court passes the following:

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ORDER

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i) The petition is allowed.

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ii) The proceedings pending in C.C. No. 16899/2023, arising out of Crime No. 0152/2022, pending before the VII ACMM, Bangalore, for the offences punishable under Sections 323, 352, 354, 354-A, 354-B, 504, 506 read with Section 34 of IPC, insofar as they relate to the petitioners, are hereby quashed.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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Prathik Dighe v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Prathik Dighe v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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What the court decided

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