Shiva Devineni Vs the State of Karnataka

THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO 1. TO QUASH THE FIR IN CRIME NO.0134/2021 DATED 29.06.2021 REGISTERED AT WHITEFIELD POLICE STATION BENGALURU ANNEXURE-B FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 504, 34 AND 323 OF THE INDIAN PENAL CODE (I.P.C) AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT PENDING ON THE FILE OF THE 1st ACJM, BENGALURU RURAL IN C.C.NO.7781/2022.

¶26

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

¶27

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

¶28

ORAL ORDER

¶29

This petition is filed by husband seeking quashing

¶30

of the proceedings pending in CC No. 7781/2022, for the offences punishable under Section 498A, 504, 34,

¶31

3 -

¶32

NC: 2025:KHC:35378 CRL.P No. 4243 of 2025

¶33

HC-KAR

¶34

323 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

¶35

Today, a joint affidavit has been placed on record, signed by the petitioner–husband and the second respondent–wife, indicating that the matrimonial dispute between them has been amicably settled. The second respondent, who is present before this Court,

¶36

has affirmed that her marriage with the petitioner has already been dissolved by a decree of divorce in M.C. No.4253/2021 on the file of the competent Family Court. In terms of the settlement arrived at between the parties, the petitioner–husband has undertaken to pay a total sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the second respondent towards permanent alimony. It is placed on record that an amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) had already been paid to the second respondent

¶37

by way of demand draft before the Family Court. The balance amount of Rs.2,50,000/- (Rupees Two Lakhs

¶38

4 - NC: 2025:KHC:35378 CRL.P No. 4243 of 2025

¶39

HC-KAR

¶40

Fifty Thousand only) has been paid today in the open Court by way of demand draft bearing No.735209 dated 16.06.2025, which the second respondent has duly acknowledged and accepted in full and final settlement of all her claims.

¶41

Having regard to the fact that the marriage between the parties has been lawfully dissolved and that the second respondent has voluntarily chosen to withdraw all allegations made in the subject criminal case, this Court is of the opinion that the continuance of the criminal proceedings would serve no fruitful purpose

¶42

and would amount to an abuse of the process of law. Though the offence under Section 498-A of the Indian Penal Code is, in strict terms, non-compoundable, the law is well settled that in matrimonial matters, where the parties have settled their disputes and have resolved to part ways amicably, the High Court may, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, quash the proceedings in

¶43

5 - NC: 2025:KHC:35378 CRL.P No. 4243 of 2025

¶44

HC-KAR

¶45

order to secure the ends of justice. In the present case,

¶46

since both parties have resolved to give a quietus to their disputes and have completely settled their claims, this Court finds it appropriate to bring an end to the prosecution.

¶47

Accordingly, this Court proceeds to pass the

¶48

following:

¶49

ORDER

¶50

(i) The petition is allowed.

¶51

(ii) The proceedings in C.C. No.7781/2020, arising out of Crime No.134/2021 and presently pending before the Court of the I Additional Chief Judicial Magistrate, Bengaluru Rural District, are hereby quashed in entirety, in so far as they relate to the petitioner.

¶52

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

¶53

ALB

¶54

List No.: 2 Sl No.: 64

Shiva Devineni v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shiva Devineni v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Numan Zahoor Vs the State of Karnataka

Seenappa Vs State of Karnataka

Sri Rama Krishna Raru @ Vs State of Karnataka

Sri. Arun Kumar. K. T. Vs the State of Karnataka

R Sharath Vs the State of Karnataka by

Smt. Prabhavathi. K. R. Vs Sri. Lokesh. T