Duregesh R @ Durgesh Vs the State by Dobbespet Police Station

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PURSUANCE TO CHARGE SHEET FILED UNDER CR.NO.129/2020 (C.C.NO.6140/2020) BY THE DOBBERSPET POLICE STATION, NELAMANGALA, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 323, 498A, 504, 354, 506 R/W 34 OF IPC UNDER THE C.C.NO.6140/2020 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., NELAMANGALA AND ALLOW THIS CRL.P.

¶27

3 - NC: 2025:KHC:33527 CRL.P No. 4771 of 2022

¶28

HC-KAR

¶29

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

¶30

CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

¶31

ORAL ORDER

¶32

Both learned counsel for the petitioner and

¶33

respondent are present and submits that already matter is settled in C.C No.1148/2020 and respondent No.2 who is accused No.3 and other accused are acquitted.

¶34

Learned counsel for respondent No.2 conceded

¶35

the said fact and submits that he has no objections to allow the petition. However, he submitted that in the memo dated 31.07.2025, it is stated that respondent No.2 has remarried. However, she has not remarried and this fact may be placed on record.

¶36

Petitioners are accused Nos.1 to 4 in Cr.No.129/2020 (C.C.No.6140/2020). They have sought quashing of the said criminal proceedings for the offences punishable under Sections 498-A, 323, 354, 504, 506, r/w

¶37

4 - NC: 2025:KHC:33527 CRL.P No. 4771 of 2022

¶38

HC-KAR

¶39

Section 34 IPC, contending that since from the date of marriage, respondent No.2 did not live with her husband and in all these five years, she is staying in her parents house. When she was requested to join accused No.1, she has chosen to file the complaint. Already they have secured divorce by mutual consent and as such continuation of criminal proceedings would amount to abuse of the process of the Court.

¶40

In C.C.No.1148/2020, respondent No.2 and other accused are acquitted, since the parties therein compromised and did not support the prosecution case. It appears the parties have compromised and in the light of the same, respondent No.2 and others are acquitted in C.C.No.1148/2020 and consequently, she has no objections to allow the present petition. In the light of the settlement entered into between the parties, continuation of the proceedings would be abuse of the process of the Court and accordingly, the following:

¶41

5 - NC: 2025:KHC:33527 CRL.P No. 4771 of 2022

¶42

HC-KAR

¶43

ORDER

¶44

(i) Petition filed by the petitioners/accused Nos.1 to 4 under Section 482 Cr.P.C is allowed.

¶45

(ii) The criminal proceedings in Cr.No.129/2020 of Dobbespet PS (C.C.No.6140/2020 on the file of Prl.Civil Judge at Nelamangala), for the offences punishable under Sections 498-A, 323, 504, 506, r/w Section 34 IPC is hereby quashed for which charge sheet is filed.

¶46

(iii) The Registry is directed to send a copy of this order to the trial Court through e-mail.

¶47

Sd/(J.M.KHAZI) JUDGE

¶48

KBM/RR

¶49

List No.: 1 Sl No.: 26

Duregesh R @ Durgesh v. the State by Dobbespet Police Station

Case brief

What is this about?

What did the court decide?

Duregesh R @ Durgesh v. the State by Dobbespet Police Station

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

Sri Hariprasad Vs State by

Sathisha S B Vs State by Konanakunte Police Station

Mr Sachin Vs the State of Karnataka

Sri Praveen Gurumurthy Vs the State

Sri Sangamesh Meti Vs State of Karnataka

Smt Gowramma Vs M S Suma @ Sumithra