Smt Jalamma Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

Smt Jalamma Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both criminal petitions allowed; IA for compounding allowed; parties permitted to compound the offences; criminal proceedings in C.C.No.58215/2022 arising out of Crime No.137/2022 quashed.

Issue for consideration

Whether the criminal proceedings in C.C.No.58215/2022, arising out of Crime No.137/2022 registered by the HAL P.S., Bangalore, could be quashed under Section 482 Cr.P.C., the parties having compromised and sought leave to compound the offences. +1 more

Court's answer

In view of the submission by respondent No.2 and accused No.1 that they had decided to live together and look after their child, and considering the interest of the minor child and the marital status, the court held it to be a fit case for accepting the compromise; accordingly the IA was allowed and the parties were permitted to compound the offences.

Ratio / Principle

Though the police charge sheeted the case for the offence punishable under Section 307 IPC, on perusal of the wound certificate all the injuries were scratch injuries and manual injuries; attempt to commit murder does not attract and the case may fall under Section 323 IPC (causing injury with nail); therefore there was no hurdle for the court to allow compounding of the offence.

Key takeaways

Consequently, both the criminal petitions (Crl.P Nos. 1804 and 13176 of 2023) were allowed.ratio¶50
The criminal proceedings against the petitioners/accused in C.C.No.58215/2022, arising out of Crime No.137/2022, were quashed (the operative sentence runs across paras 52-54; the concluding fragment is evidenced here).ratio¶54

Detailed headnote1 paragraphs

Criminal Petitions (Crl.P Nos. 1804 and 13176 of 2023) under Section 482 Cr.P.C. — quashing of FIR in Crime No.137/2022 (HAL P.S., Bengaluru, dated 21.06.2022) and charge sheet dated 24.08.2022 in C.C.No.58215/2022 (XXIX Additional Chief Metropolitan Magistrate Court, Mayohall Unit) — offences alleged: Sections 498(A), 323, 307 r/w Section 34 IPC, Sections 3 & 4 DP Act, Section 75 Juvenile Justice Act — matrimonial dispute between husband (accused No.1/Venkateshwar Rao) and wife (respondent No.2/Radhika B) — during pendency the parties compromised and decided to resume marital life; two minor children — court perused the wound certificate: injuries only scratch/manual, attempt to murder under S. 307 IPC does not attract, may fall under S. 323 IPC — therefore no hurdle to compounding — IA allowed; parties permitted to compound the offences in view of the interest of the minor child and marital status — both petitions allowed and criminal proceedings in C.C.No.58215/2022 arising out of Crime No.137/2022 quashed (K. Natarajan, J.).

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NC: 2025:KHC:2602 CRL.P No. 1804 of 2023 C/W CRL.P No. 13176 of 2023

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

BEFORE

THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 1804 OF 2023 (482(Cr.PC) /

528(BNSS)-)

C/W

CRIMINAL PETITION NO. 13176 OF 2023

IN CRL.P No. 1804/2023

BETWEEN:

SMT. JALAMMA W/O B. VENKAT RAO VENKAT SWAMY, AGED ABOUT 50 YEARS, NO.112, VADDEPALYAM, PEDDA, AVLAVAPAADU, PICHEPALLI TALUK, PRAKASHAM DISTRICT, ANDRA PRADESH - 523 111.

Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

SRI. VENKAT RAO AGED ABOUT 64 YEARS, S/O LATE VENKATASWAMY, NO.112, VADDEPALYAM, PEDDA, AVLAVAPAADU, PICHEPALLI (T), PRAKASHAM DISTRICT, ANDRA PRADESH - 523 111.

SMT. ANNAPURNA AGED ABOUT 40 YEARS, NO.112, VADDEPALYAM, PEDDA, AVLAVAPAADU, PICHEPALLI (T),

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NC: 2025:KHC:2602 CRL.P No. 1804 of 2023 C/W CRL.P No. 13176 of 2023

PRAKASHAM DISTRICT, ANDRA PRADESH - 523 111.

…PETITIONERS

(BY SRI. ANN MARY TOMY, ADVOCATE FOR SRI. NITIN A M., ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY PUBLIC PROSECUTOR, FOR HAL POLICE STATION, MARATHAHALLI SUB-DIVISION, HAL, BANGALORE - 560 001.

MRS. RADHIKA B W/O VENKATESHWARA RAO, AGED ABOUT 30 YEARS, NO.191, 1ST MAIN, 2ND CROSS, NEAR MUNISWARA TEMPLE, REDDY PALYA, BANGALORE - 17.

…RESPONDENTS

(BY SMT. N. ANITHA GIRISH, HCGP FOR R-1; SRI. V.R. BALARAJ, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO A. QUASH THE CRIME/FIR NO.137/2022 AS FOR THE OFFENCE P/U/S.498-A, 323, 307 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT AND SEC.75 OF J.J ACT FILED BY HAL POLICE STATION DATED 21.06.2022 WHICH IS BEFORE XXIX ADDITIONAL CHEIF METROPOLITAN MAGISTRATE COURT, MAYO HALL UNIT, BENGALURU AND THAT IS ANNEXURE A.

IN CRL.P NO. 13176/2023

BETWEEN:

SRI. VENKATESHWAR RAO AGED ABOUT 30 YEARS, S/O VENKAT RAO,

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NC: 2025:KHC:2602 CRL.P No. 1804 of 2023 C/W CRL.P No. 13176 of 2023

NO.112, VADDEPALYAM, PEDDA, AVLAVAPAADU, PRAKASHAM, ANDHRA PRADESH - 523 111.

...PETITIONER

(BY SMT. ANN MARY TOMY, ADVOCATE FOR SRI. NITIN A M., ADVOCATE)

AND:

THE STATE OF KARNATAKA FOR HAL POLICE STATION MARATHAHALLI, SUB-DIVISION, HAL, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

MRS. RADHIKA B W/O VENKATESHWARA RAO AGED ABOUT 26 YEARS, NO.191, 1ST MAIN, 2ND CROSS, NEAR MUNISWARA TEMPLE, REDDY PALYA, BANGALORE - 17.

...RESPONDENTS

(BY SMT. N. ANITHA GIRISH, HCGP FOR R1 & 2)

THIS CRL.P. IS FILED U/S 482 OF CR.P.C. PRAYING TO 1) QUASH THE FIR IN CR.NO.0137/2022 AS FOR THE OFFENCE U/S 498A, 323, 307 R/W SEC.34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT AND SEC. 75 OF THE JUVENILE JUSTICE ACT, FILED BY HAL POLICE STATION DATED 21.06.2022 WHICH IS BEFORE XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, MAYOHALL UNIT, BENGALURU AND I.E., ANNEXURE-A. 2) QUASH THE CHARGE SHEET DATED 24.08.2022 IN C.C.NO.58215/2022 WHICH IS BEFORE XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, MAYOHALL UNIT, BENGALURU AND I.E., ANNEXURE-D.

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

4 - NC: 2025:KHC:2602 CRL.P No. 1804 of 2023 C/W CRL.P No. 13176 of 2023

CORAM: HON'BLE MR JUSTICE K.NATARAJAN

ORAL ORDER

Crl.P.No.13176/2023 filed by the petitioner/accused No.1 and Crl.P.No.1804/2023 filed by the petitioner Nos.1 to 4/accused Nos.2 to 4 under Section 482 of Cr.P.C. for quashing the criminal proceedings in CC.No.58215/2022, arising out of Crime No.137/2022, registered by the HAL P.S., Bangalore, and charge sheeted for the offences punishable under Sections 498(A), 323, 307, R/w Section 34 of IPC., and Section 3 & 4 of the DP Act and Section 75 of the Juvenile Justice Act.

During the pendency of the petitions both the petitioners and respondents appeared before the court and submits that they have compromised their dispute and the petitioner No.1/accused No.1 and respondent No.2 decided to continue their marital life. It is also submitted by the respondent No.2 they are having two children, now the

5 - NC: 2025:KHC:2602 CRL.P No. 1804 of 2023 C/W CRL.P No. 13176 of 2023

accused No.1 look after them well. Hence, seeking permission to compound the offence.

Perused the records, though the police have filed the charge sheet for the offence punishable under Section 307 of IPC, On perusal of the wound certificate, all the injuries are the scratch injuries and manual injuries, attempted to commit murder does not attract, it may fall under category of 323 of IPC., for causing injury with nail. Therefore, there is no hurdle for this court to compound the offence.

In view of the submission made by the respondent No.2 and accused No.1 that they have decided to live together and to look after child. In view of interest of the minor child and marital status I am of the view it is fit case for accepting the compromise. Accordingly, IA is allowed. The parties are permitted to compound the offences.

Consequently, both the criminal petitions are allowed.

6 - NC: 2025:KHC:2602 CRL.P No. 1804 of 2023 C/W CRL.P No. 13176 of 2023

The criminal proceedings against this

petitioners/accused in CC.No.58215/ 2022 arising out of

Crime No.137/2022 is hereby quashed.

Sd/(K.NATARAJAN) JUDGE

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