Allowed

Sri Prashanth Kumar B a v. State of Karnataka

Karnataka HC26 Jun 2025CRL.P/7971/2025

Case brief

AI extract

What is this about?

Husband sought quashing of charge sheet in dowry cruelty case after matrimonial disputes were settled by mutual consent before the Family Court with divorce by decree. The High Court held continuation of proceedings would abuse the process of law and quashed the proceedings against the petitioner.

What did the court decide?

Criminal proceedings in C.C.No.55276/2018 (Crime No.447/2015) quashed insofar as petitioner-accused No.1 is concerned.

Sri Prashanth Kumar B a Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

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NC: 2025:KHC:22878 CRL.P No. 7971 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7971 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SRI PRASHANTH KUMAR B.A. S/O ASHOK RAO K.N., AGED ABOUT 47 YEARS, PRESENTLY R/AT NO.87, 4^TH FLOOR, 3^RD CROSS, NETHRAVATHY EXTN., K.R.PURAM, BENGALURU – 560 036.

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…PETITIONER

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(BY SMT. MAHESHWARI D.M., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY POLICE INSPECTOR, K R PURAM POLICE STATION,

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BENGALURU

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Digitally signed by CHANDANA B M

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Location: High Court of Karnataka

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REPRESENTED BY ITS

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PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.

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SMT. RACHANA P.K. W/O SRI PRASHANTH KUMAR B.A., D/O SRI KUMAR P., AGED ABOUT 34 YEARS, PRESENTLY R/AT NO.1599 SAHYADRI ROAD, 2^ND CROSS, NORTHERN EXTENSION HASSAN – 573 201

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…RESPONDENTS

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(BY SRI. NAGESHWARAPPA K., HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 26.06.2025)

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2 - NC: 2025:KHC:22878 CRL.P No. 7971 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET DATED 01.02.2018 IN CC NO.55276/2018 FILED BY THE RESPONDENT NO.1 PENDING BEFORE THE HON’BLE XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A OF IPC, 1860 AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT, 1961 AGAINST THE PETITIONER (ANNEXURE C) AND ETC.

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

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner seeks the following reliefs:

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“i) Quash the entire Charge Sheet dated 01.02.2018 in C.C.No.55276/2018 filed by the respondent No.1 pending before the Hon’ble XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bangalore for the offences punishable under Section 498-A of IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961 against the petitioner (Annexure – C).

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ii) Quash the entire proceedings in C.C.No.55276/2018 pending on the file of Hon’ble XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bangalore (Annexures – D & E).

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iii) Pass any other order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the ends of justice.”

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* Retyped and replaced vide Chamber order dated 01.08.2025

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NC: 2025:KHC:22878 CRL.P No. 7971 of 2025

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HC-KAR

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Heard learned counsel for the petitioner and learned

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HCGP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with.

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A perusal of the material on record will indicate that respondent No.2 – complainant filed a complaint before respondent No.1 police in Crime No.447/2015, which culminated in C.C.No.55276/2018 before the Trial Court, punishable for the offences punishable under Sections 498A, 323, 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. Further, the matrimonial dispute filed by petitioner against the respondent No.2 in M.C.No.3182/2015 ended up in settlement, wherein both parties settled the matrimonial dispute with mutual consent.

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The Memorandum of Settlement entered between the petitioner and respondent No.2 before the Family Court, Bengaluru, reads as under:

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“MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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The parties above named beg to submit as follows:-

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Retyped and replaced vide Chamber order dated 01.08.2025

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NC: 2025:KHC:22878 CRL.P No. 7971 of 2025

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HC-KAR

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The petitioner has filed this petition against the respondent under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 for dissolution of their marriage.

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I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the petitioner along with his father and learned counsel and respondent along with her parents participated. They have resolved their dispute and have agreed to the following terms and conditions:

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1. The petitioner and the respondent are Hindus. Their marriage was solemnized on 01.09.2013 at Sapthapadi Soudhamini Choultry, Hassan as per Hindu rites and customs. After marriage petitioner and respondent stayed in Bangalore within the jurisdiction of this on Hon'ble Court.

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2. Both the parties state that they have no children born to them from their wedlock.

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3. Due to irreconcilable differences and incompatibility of temperaments, the petitioner and respondent have been living separately since May 2015. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion amongst them. petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life in future. Hence, the petitioner and the respondent have decided to get the marriage between them be dissolved by a decree of divorce.

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* Retyped and replaced vide Chamber order dated 01.08.2025

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NC: 2025:KHC:22878 CRL.P No. 7971 of 2025

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HC-KAR

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4. In view of the settlement between the parties, both the parties submits that they have no claims of whatsoever nature against each other.

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5. The petitioner has agreed to pay a sum of Rs.40,000/- to the respondent towards full and final settlement of the arrears of maintenance ordered in C. Misc. No.1053/2015 by way of DD bearing No. 501723 of ICICI Bank, Wilson Garden Branch, Bengaluru dated 24.01.2018 and handover the same to the respondent at the time of reporting the settlement agreement before the Hon'ble Court. The respondent has agreed for the same.:

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6. In view of the settlement between the parties, the respondent has agreed to withdraw the case in Crl. Misc. No.1053/2015 pending on the file of Court of Prl. Civil Judge and JMFC, Hassan and FIR lodged before the KR Puram Police Station, Bengaluru in Cr. No.0447/2015.

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7. Both the parties admit that they have exchanged all the articles including gold and silver, belonging to each other and as such there are no claims of any sort against each other.

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8. The parties hereto give up their rights or claim over the movables or immovable properties belongings to each other, either existing or to be acquired in future.

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9. The parties further state that they have no claims of whatsoever nature against each other either past, present and future.

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* Retyped and replaced vide Chamber order dated 01.08.2025

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NC: 2025:KHC:22878 CRL.P No. 7971 of 2025

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HC-KAR

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10. The parties further state that there has been no collusion or force, fraud or any undue influence in filing the above petition and entering into this agreement in the aforesaid manner.

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11. Both the parties admit that they shall not interfere in each other's lives for any reason of whatsoever in future in any manner.

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II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to dissolve the marriage solemnized on 01.09.2013 at Sapthapadi Soudhamini choultry, Hassan by a decree of divorce in terms of the above settlement.

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III. Parties will appear on 24.01.2018 before the Court for passing orders in terms of the agreement.”

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The order dated 24.01.2018 passed by the III Addl. Prl.

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Judge, Family Court, Bengaluru, reads as under:

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“Case is advanced

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Both parties and their counsel are present.

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Report received from BMC. Matter settled between the parties.

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Heard both sides.

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* Retyped and replaced vide Chamber order dated 01.08.2025

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NC: 2025:KHC:22878 CRL.P No. 7971 of 2025

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HC-KAR

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ORDER

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Perused the mediation report and memorandum of settlement entered into between the parties.

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It is noticed that the parties have settled their dispute before the BMC and they are not interested to continue their marital relationship.

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The respondent reports the receipt of DD for Rs.40,000/- drawn on ICICI Bank, Hassan Branch from the petitioner as per the terms of memorandum of settlement.

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I am satisfied about the lawfulness of settlement between the parties before BMC.

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Hence, the memorandum of settlement is accepted. Consequently, the marriage solemnized between the parties on 1.9.2013 at Sapthapadi Soudhamini Choultry, Hassan is dissolved.

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They are liberated from the bondage of marriage.

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The memorandum of settlement shall form part and parcel of the decree.

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Draw decree accordingly.”

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In view of the aforesaid facts and circumstances and

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the fact that the petitioner-accused No.1 and respondent No.2 – complainant have settled the matrimonial dispute and also agreed to withdraw the case filed against each other pending before the

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* Retyped and replaced vide Chamber order dated 01.08.2025

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NC: 2025:KHC:22878 CRL.P No. 7971 of 2025

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HC-KAR

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Trial Court and this Court, continuation of criminal proceedings against the petitioner would amount to abuse of process of law and the same deserves to be quashed.

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In the result, I pass the following:

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ORDER

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(i) The petition is hereby allowed .

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(ii) The impugned criminal proceedings in C.C.No.55276/2018 (arising out of Crime No.447/2015 registered by respondent No.1Police), pending on the file of the XXIX Addl. Chief Metropolitan Magistrate, Bengaluru, in so far as the petitioner – accused No.1 is concerned, are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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SV;

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List No.: 3 Sl No.: 113

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* Retyped and replaced and Pg No. 9 & 10 are deleted vide Chamber order dated 01.08.2025

Sri Prashanth Kumar B a v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Prashanth Kumar B a v. State of Karnataka

Case brief

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