Sunil C R Vs State of Karnataka — Domestic Violence | Karnataka HC (2025)

Sunil C R Vs State of Karnataka — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Acceptance of the memorandum of settlement between the parties; termination and quashing of the proceedings in C.C.No.16525/2022 qua the petitioner in Crl.P.No.13361/2024 and the petitioners in Crl.P.No.8398/2022.

Issue for consideration

Whether the proceedings in C.C.No.16525/2022 (offences under Sections 498A, 323, 504, 506, 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961), pending before the Chief Judicial Magistrate Bengaluru Rural, are liable to be quashed qua the petitioner in Crl.P.No.13361/2024 and the petitioners in Crl.P.No.8398/2022, in light of the settlement arrived at between the parties in the Family Court.

Court's answer

In the light of the settlement arrived at between the parties, and since the offences were not against the State, the Court deemed it appropriate to accept the settlement and terminate the proceedings qua the petitioner(s) in both criminal petitions.

Ratio / Principle

The criminal petitions were disposed of, and the proceedings in C.C.No.16525/2022 pending on the file of the Chief Judicial Magistrate Bengaluru Rural at Bengaluru stand quashed qua the petitioner in Crl.P.No.13361/2024 and the petitioners in Crl.P.No.8398/2022.

Detailed headnote1 paragraphs

High Court of Karnataka (M. Nagaprasanna, J.), 21-03-2025: Disposed of two criminal petitions under S.482 Cr.P.C. (also referred to as filed under S.528 BNNS) seeking quashing of C.C.No.16525/2022 (arising out of Crime No.178/2022, Tavarekere Police Station) for offences under Ss.498A, 323, 504, 506, 34 IPC, 1860 and Ss.3 and 4, Dowry Prohibition Act, 1961, pending before the Chief Judicial Magistrate Bengaluru Rural. The husband-petitioner (Crl.P.No.13361/2024) and his parents (Crl.P.No.8398/2022) relied on a memorandum of settlement drawn in M.C.No.6242/2024 before the Family Court recording annulment of marriage, whereby the wife agreed to co-operate in closing/quashing the criminal case and to withdraw Crl.Misc.No.160/2022 before V MMTC, Bengaluru. Observing that the offences were not against the State, the Court accepted the settlement, terminated the proceedings and quashed them qua the petitioners.

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NC: 2025:KHC:12137 CRL.P No. 13361 of 2024 C/W CRL.P No. 8398 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 13361 OF 2024

C/W

CRIMINAL PETITION NO. 8398 OF 2022

IN CRL.P No. 13361/2024

BETWEEN:

SUNIL C R S/O CHIKKARANGAIAH, AGED ABOUT 33 YEARS, R/AT NO.18, NEW BUS STAND KODIGEHALLI COLONY, YASHWANTHAPURA HOBLI BENGALURU - 560 091.

…PETITIONER

Digitally signed by NAGAVENI Location: High Court of Karnataka

(BY SRI. HARISH T., ADVOCATE)

AND:

STATE OF KARNATAKA BY

TAVAREKERE POLICE STATION, BANGALURU - 560 064. REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001

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NC: 2025:KHC:12137 CRL.P No. 13361 of 2024 C/W CRL.P No. 8398 of 2022

SMT. KAVITHA N D/O NAGARAJU AGED ABOUT 29 YEARS, R/AT NO.49/15, 1^ST CROSS, ATTIGUPPE, VIJAYANAGAR 2^ND STAGE, BENGALURU - 560 040.

…RESPONDENTS

(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SMT. KUSUMA P., ADV. FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.16525/2022 ARISING OUT OF CRIME NO.178/2022 REGISTERED BY THE TAVAREKERE POLICE STATION FOR THE OFFECES P/U/S 498A, 323, 504, 506, 34 OF IPC, 1860 AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT 1961, PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL AT BENGALURU.

IN CRL.P NO. 8398/2022

BETWEEN:

SMT SUJATHA N @ SUJATHA

W/O CHIKKARANGAIAH R AGED ABOUT 52 YEARS R/AT NO.127, 1^ST MAIN

5^TH CROSS, BANGARAPPANAGARA

R R NAGARA, BENGALURU SOUTH - 560 098.

3 - NC: 2025:KHC:12137 CRL.P No. 13361 of 2024 C/W CRL.P No. 8398 of 2022

SRI. SURESH N @ SURESH S S/O NARAYANA H AGED ABOUT 47 YEARS R/AT NO.24/4, 5^TH MAIN, 11^TH CROSS CHOWDAPPA LAYOUT, BAPUJI NAGAR BENGALURU - 560 026.

...PETITIONERS

(BY SMT. SHWETHAKSHI, ADVOCATE)

AND:

STATE OF KARNATAKA

BY TAVAREKERE POLICE REP. BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001.

SMT. KAVITHA W/O SUNIL C R AGED ABOUT 27 YEARS R/AT 49/15, 1^ST CROSS ATTIGUPPE, VIJAYNAGAR NO.19 2^ND PHASE, BANGALORE-560040.

...RESPONDENTS

(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI. K. VIJAYA KUMAR, ADV. FOR R2)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.16525/2022 FOR THE OFFENCE P/U/S.498A,323,504,506 OF IPC AND SEC.3 AND 4 OF DP ACT R/W SEC.34 OF IPC KNOW WHICH IS PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL AT BENGALURU.

4 - NC: 2025:KHC:12137 CRL.P No. 13361 of 2024 C/W CRL.P No. 8398 of 2022

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

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner in Crl.P.No.13361/2024 and the petitioners in Crl.P.No.8398/2022 are before this Court calling in question the proceedings in C.C.No.16525/2022, pending on the file of the Chief Judicial Magistrate Bengaluru Rural at Bengaluru.

The parties to the lis - husband and wife were also before the Family Court in M.C.No.6242/2024, wherein the parties have entered into a settlement of annulment of marriage and drawn up a memorandum of settlement. The settlement insofar as it germane to the present lis, reads as follows:

“8. In view of this settlement the 2^nd petitioner has agreed to co-operate with the 1^st petitioner in closing / quashing the proceedings in C.C. No.16525/2022 registered on Crime No.178/2022 which pending before CJM, Bengaluru filed against the 1^st petitioner and other for the offence punishable under Section 498-A, 323, 504, 506, 34 of IPC R/W Section 3 & 4 of D.V. Act. Further the 2^nd petitioner has agreed to withdraw Crl.Misc.No.160/2022 filed against the 1^st petitioner and others which is pending before V MMTC, Bengaluru.

5 - NC: 2025:KHC:12137 CRL.P No. 13361 of 2024 C/W CRL.P No. 8398 of 2022

9. Both the petitioners further state that there has been no collusion of force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner.

10. Both the petitioners admit that they shall not interfere in the lives of each other in future."

In the light of the settlement arrived at between the

parties and the offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings, qua the petitioner/s in both these cases.

For the aforesaid reasons, the criminal petitions are disposed. The proceedings in C.C.No.16525/2022, pending on the file of the Chief Judicial Magistrate Bengaluru Rural at Bengaluru, qua the petitioner in Crl.P.No.13361/2024 and petitioners in Crl.P.No.8398/2022, stand quashed.

Sd/(M.NAGAPRASANNA) JUDGE

KG

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