Allowed¶90

Smt. Divya Gulecha v. the State of Karnataka

Karnataka HC11 Aug 2025CRL.P/8095/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Justice Sachin Shankar Magadum; decided 11.08.2025; Crl.P No. 8095 of 2025 c/w Crl.P Nos. 14076 and 14506 of 2024; quashing of charge sheet and criminal proceedings; matrimonial dispute; amicable settlement; divorce by mutual consent in M.C. No.6224/2022; compounding of offences permitted; S.482 Cr.P.C.; S.528 BNSS; IPC Sections 498-A, 323, 341, 354, 504, 506, 149; Dowry Prohibition Act, 1961 Sections 3 and 4; Hindu Marriage Act, 1955 Section 13; C.C. Nos. 24317/2022, 16903/2022, 15868/2022; Cr.Nos. 66/2022 and 8/2022; petitions allowed.

What did the court decide?

All three criminal petitions allowed; parties permitted to compound the offences; criminal proceedings in C.C. Nos. 24317/2022, 16903/2022 and 15868/2022 quashed. ¶90

Smt. Divya Gulecha Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

All three criminal petitions allowed; parties permitted to compound the offences; criminal proceedings in C.C. Nos. 24317/2022, 16903/2022 and 15868/2022 quashed.

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Issue for consideration

Whether the criminal proceedings in C.C. Nos. 24317/2022, 16903/2022 and 15868/2022, whose genesis lies in matrimonial discord and which survive after an amicable settlement and dissolution of the marriage by mutual consent, are liable to be quashed under S.482 Cr.P.C. +1 more

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Court's answer

On a close examination of the offences alleged in the pending cases, the genesis of the criminal proceedings lies in the matrimonial discord between the husband and wife.

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Ratio / Principle

Since the disputes stand resolved and the marriage stands dissolved by mutual consent, continuation of the proceedings in C.C. Nos. 15868/2022, 16903/2022 and 24317/2022 would only perpetuate bitterness between the families; in the light of the settlement and to secure the ends of justice, the proceedings are liable to be quashed.

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Key takeaways

All the petitions are allowed and the parties are permitted to compound the offences.ratio¶90
The proceedings in C.C. No.24317/2022, pending before the 31st Additional Chief Metropolitan Magistrate, Bengaluru City, for the offences punishable under Sections 323, 341, 506, 504, 149 and 354 of the IPC are quashed.ratio¶92
The proceedings in C.C. No.16903/2022, pending before the 37th Additional Chief Metropolitan Magistrate, Bengaluru City, for the offences punishable under Sections 498-A, 323, 504 and 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 are quashed.

Detailed headnote1 paragraphs

Criminal petitions under S.482 Cr.P.C. (filed u/S.528 BNSS) by the wife and her family on the one hand, and by the husband's mother and brothers on the other, seeking quashing of cross-proceedings in C.C. No.24317/2022 (ss.323, 341, 506, 504, 149, 354 IPC), C.C. No.16903/2022 (ss.498-A, 323, 504, 506 IPC; ss.3 & 4 Dowry Prohibition Act, 1961) and C.C. No.15868/2022 (ss.498-A, 354, 504 r/w 149 IPC). The marriage stood dissolved by mutual consent in M.C. No.6224/2022 (VI Addl. Principal Judge, Family Court, Bengaluru) under an amicable settlement, in terms of which the wife and her in-laws agreed to withdraw the pending criminal complaints. Holding that the genesis of the criminal proceedings lay in matrimonial discord and that their continuation would only perpetuate bitterness between the families, the Court permitted the parties to compound the offences and quashed all three sets of proceedings to secure the ends of justice. Petitions allowed.

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NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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CRIMINAL PETITION NO. 8095 OF 2025

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C/W

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CRIMINAL PETITION NO. 14076 OF 2024 CRIMINAL PETITION NO. 14506 OF 2024

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IN CRL.P No. 8095/2025 BETWEEN:

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SMT. DIVYA GULECHA W/O. KARANKUMAR LUNAWATH AGED ABOUT 32 YEARS RESIDING AT NO. 106/2 MOKHS APARTMENT, 2^ND FLOOR, 4^TH MAIN, 7^TH CROSS, CHAMARAJPET BENGALURU 560018.

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Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

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MR. RAJENDRA KUMAR AGED ABOUT 61 YEARS MOKSH APARTMENT NO. 106/2 2^ND FLOOR, 4^TH MAIN, 7^TH CROSS, CHAMRAJPET BENGALURU-560018.

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MR. NAVARATAN JAIN S/O. DEVRAJ JAIN, AGED ABOUT 41 YEARS R/O, 107, 5^TH CROSS, C.T. ROAD BSK 2^ND STAGE, BIDARAHALLI BENGALURU-560049.

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NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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MR. RAJENDRA KUMAR SOLANKI S/O. MOHAN LAL SOLANKI AGED ABOUT 58 YEARS, R/O. NO.42/2, MATRU CHAYA, YAMUNA BAI ROAD, OPP. KCN APARTMENTS, MADHAVNAGAR BENGALURU-560001.

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MS. NIKITHA GULECHA D/O. RAJENDRA GULECHA AGED ABOUT 30 YEARS, MOKSH APARTMENT NO.106/2, 2^ND FLOOR, 4^TH MAIN, 7^TH CROSS, CHAMRAJPET BENGALURU-560018

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MS. DOLLY M BAROT D/O. MANISH K BAROT AGED ABOUT 32 YEARS R/O. NO.123, 2^ND FLOOR, 3^RD CROSS M.R. LANE, AKKIPET, BENGALURU - 560053

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…PETITIONERS

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(BY SRI. ANUP RAJ, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA COTTENPET POLICE STATION, REPRESENTED BY GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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SMT. MADHAN BAI W/O. LATE ASHOK KUMAR AGED ABOUT 55 YEARS R/AT NO.53, TCM, ROYAN ROAD, NEAR BINNY MILL BENGALURU - 560053.

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…RESPONDENTS

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(BY SRI. RAHUL RAI, HCGP FOR R1)

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THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO: (A) QUASH THE CHARGE SHEET FILED BY THE 1^st RESPONDENT IN C.C.NO.24317/2022 PENDING ON THE

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3 - NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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FILE OF THE HONBLE V ADDL CMM COURT, BENGALURU CITY (ANNEXURE C) FOR THE OFFENCE P/U/S 323,341,506,504,149,354 OF IPC AS AGAINST THE PETITIONERS HEREIN; (B) QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.24317/2022 PENDING ON THE FILE OF THE HON’BLE V ADDL. CMM COURT BENGALURU CITY (ANNEXURE D) FOR THE OFFENCE P/US/ 323,341,506,504,149,354 OF IPC AS AGAINST THE PETITIONERS HEREIN.

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IN CRL.P NO. 14076/2024 BETWEEN:

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MADHU BAI ALIAS MADAN BAAYI W/O.LATE ASHOK LUNAVATA, AGED ABOUT 56 YEARS, RESIDING AT NO.53/1, 1^ST FLOOR, DR.TCM ROYAN ROAD, NEAR BINNY MILL, GOODSHED ROAD, BENGALURU 560 023.

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BHARATH RAJ S/O.LATE NOHANRAJ, AGED ABOUT 59 YEARS, R/AT NO.115, BBT STREET, MAMULPET, CHICKPET, BENGALURU SOUTH, BENGALURU 560053

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SAJJAN RAJ, S/O.LATE NOHANRAJ, AGED ABOUT 61 YEARS, RESIDING AT NO.15, 1^ST FLOOR, BBT STREET, NEAR WHITE TEMPLE, MAMULPET, CHICKPET, BENGALURU 560 053

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AJITH BHATIA @ AJITH KUMAR, S/O. LATE INDER CHAND, AGED ABOUT 42 YEARS, RESIDING AT NO.08, 4^TH CROSS, MAGADI MAIN ROAD, MAGADI ROAD, BENGALURU - 560 023

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NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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SAPNA BHATIA, W/O.AJITH KUMAR, AGED ABOUT 37 YEARS, RESIDING AT NO.08, 4^TH CROSS, MAGADI MAIN ROAD, MAGADI ROAD, BENGALURU 560 023

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...PETITIONERS

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(BY SRI. PRADEEP G C., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY SHO OF BASAVANAGUDI WOMENS POLICE STATION, BENGALURU CITY, REP. BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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SMT. DIVYA LUNAWATH, W/O.KARAN LUNAWATH, D/O.RAJENDRA GULECHA, AGED ABOUT 31 YEARS, R/AT NO.106/2, MOKSH APARTMENTS, 2^ND FLOOR, 4^TH MAIN, 7^TH CROSS, CHAMARAJAPET, BENGALURU 560 018

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...RESPONDENTS

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(BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. ANUP RAJ, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PLEASED TO (A). QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF LEARNED 37^TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, PRESENTLY BEFORE 24^TH ACMM, BENGALURU IN C.C.NO.16903/2022 AS PER DOCUMENT NO-I, ARISING OUT OF CR.NO.66/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A), 323, 504 506 OF IPC AND SECTION 3 & 4 OF THE DOWRY PROHIBITION ACT; (B) QUASH THE CHARGE SHEET IN C.C.NO.16903/2022 AS PER

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NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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DOCUMENT NO-IV ARISING OUT OF CR.NO.66/2022 PENDING ON THE FILE OF THE LEARNED 37^TH ADDITIONAL CHIEF JUDICIAL. MAGISTRATE, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A), 323, 504 506 OF IPC AND SECTION 3 & 4 OF THE DOWRY PROHIBITION ACT.

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IN CRL.P NO. 14506/2024 BETWEEN:

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AJITH BHATIA

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S/O.LATE INDER CHAND, AGED ABOUT 45 YEARS, RESIDING AT NO.08, 4^TH CROSS, MAGADI MAIN ROAD, MAGADI RAOD, BENGALURU 560 023

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BHARATH RAJ S/O. SOHANRAJ, AGED ABOUT 61 YEARS R/AT NO.115, MAMULPET MAIN ROAD BENGALURU 560053

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SAJJANRAJ, S/O. LATE SOHANRAJ, AGED ABOUT 62 YEARS, RESIDING AT NO.15, 1^ST FLOOR, BBT STREET, MAMULPET, BENGALURU 560 053

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MADAN BAI, W/O. LATE ASHOK KUMAR AGED ABOUT 56 YEARS, RESIDING AT NO.53/1, DR.TCM ROYAN ROAD, COTTON PETE BENGALURU 560 023.

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SAPNA BHATIA, W/O. AJITH BHATIA, AGED ABOUT 43 YEARS

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NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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RESIDING AT NO.08, 4^TH CROSS, MAGADI MAIN ROAD, BENGALURU 560 023

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...PETITIONERS

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(BY SRI. PRADEEP G C., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY SHO OF COTTON PETE POLICE STATION, BENGALURU CITY, REP BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001.

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SMT. DIVYA LUNAWATH, W/O. KARAN LUNAWATH, D/O. RAJENDRA GULECHA, AGED ABOUT 32 YEARS, RESIDING AT NO.106/2, MOKSH APARTMENTS, 2^ND FLOOR, 4^TH MAIN, 7^TH CROSS, CHAMARAJAPET, BENGALURU 560 018

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...RESPONDENTS

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(BY SRI. K. RAHUL RAI, HCGP FOR R1 SRI. ANUP RAJ , ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO (A) QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF LEARNED V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.15868/2022 AS PER DOCUMENT NO-I ARISING OUT OF CR.NO.8/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 354, 504 R/W 149 OF IPC; (B) QUASH THE CHARGE SHEET IN C.C.NO.15868/2022 AS PER DOCUMENT NO- IV ARISING OUT OF CR.NO.8/2022 PENDING ON THE FILE OF LEARNED V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 354, 504 R/W 149 OF IPC.

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7 - NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The wife and her in-laws have filed separate petitions seeking quashing of the criminal proceedings pending in C.C. Nos. 24317/2022, 15868/2022 and 16903/2022. Crl.P. No.8095/2025 has been filed by the wife, Smt. Divya, along with her parents and siblings, seeking quashing of the proceedings in C.C. No.24317/2022. Crl.P. No.14076/2024 has been filed by the mother and brothers of the husband. Similarly, Crl.P. No.14506/2024 is also filed by the mother and brothers of the husband.

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Today, Smt. Divya and her family members are present before this Court, except petitioner No.2 in Crl.P. Nos. 14506/2024 and 14076/2024, All other

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8 - NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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accused are also present. On being queried by this Court, Smt. Divya has voluntarily stated that the family disputes have been given a quietus in M.C. No.6224/2022 on the file of the VI Additional Principal Judge, Family Court, Bengaluru, wherein the marriage between the husband and wife has been dissolved by mutual consent in view of an amicable settlement. She has further stated that in terms of the settlement, she and her in-laws have agreed to withdraw the pending criminal complaints.

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In view of the amicable settlement in the

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matrimonial case, and on a close examination of the offences alleged in the pending cases, it is evident that the genesis of the criminal proceedings lies in the matrimonial discord between the husband and wife.

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Now that the disputes have been resolved, and the marriage dissolved by mutual consent under Section

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9 - NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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13 of the Hindu Marriage Act, 1955, this Court is of

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the considered view that the continuation of the proceedings in C.C. Nos. 15868/2022, 16903/2022 and 24317/2022 would only serve to perpetuate bitterness between the families. In the light of the settlement and in order to secure the ends of justice, the said proceedings are liable to be quashed.

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Accordingly, all the petitions are allowed. The parties are permitted to compound the offences. Consequently:

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i. The proceedings in C.C. No.24317/2022,

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pending before the Court of the 31st Additional Chief Metropolitan Magistrate, Bengaluru City, for the offences punishable under Sections 323, 341, 506, 504, 149 and 354 of the IPC are hereby quashed.

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10 -

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NC: 2025:KHC:31016 CRL.P No. 8095 of 2025 C/W CRL.P No. 14076 of 2024 CRL.P No. 14506 of 2024

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HC-KAR

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ii. The proceedings in C.C. No.16903/2022, pending before the Court of the 37th Additional Chief Metropolitan Magistrate, Bengaluru City, for the offences punishable under Sections 498-A, 323, 504 and 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 are hereby quashed.

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iii. The proceedings in C.C. No.15868/2022, pending before the Court of the 31st Additional Chief Metropolitan Magistrate, Bengaluru City, for the offences punishable under Sections 498-A, 354 and 504 read with Section 149 of the IPC are hereby quashed.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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List No.: 2 Sl No.: 104

Smt. Divya Gulecha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Divya Gulecha 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

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