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Sri Binoy Urang v. State of Karnataka

Karnataka HC25 Jul 2025CRL.P/8807/2025

Case brief

AI extract

What is this about?

Karnataka HC (S.R. Krishna Kumar J., 25-07-2025) allows CRL.P No. 8807 of 2025 under S.482 Cr.PC / S.528 BNSS and quashes S.498A IPC proceedings against husband Binaoy Urang (charge sheet CC No.8710/2023 dated 15.05.2023, Addl. CJM Bengaluru Rural; FIR Crime No.387/2022, Whitefield Police Station) after divorce by mutual consent dated 23.08.2023 in M.C.No.525/2023 and settlement with wife Shobha Pradhan; continuation of criminal proceedings post-settlement held to be an abuse of process of law; final order cites C.C.No.8701/2023 before I Addl. CJM, Bangalore Rural.

What did the court decide?

Quashment of the impugned proceedings in C.C.No.8701/2023 pending on the file of the I Additional Chief Judicial Magistrate, Bangalore Rural. ¶66

Sri Binoy Urang Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

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NC: 2025:KHC:28545 CRL.P No. 8807 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8807 OF 2025 (482(Cr.PC) /

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528(BNSS)-)

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BETWEEN:

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SRI BINAOY URANG

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S/O. SRI. MUKUL URANG, AGED ABOUT 33 YEARS,

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R/O. NO.16, TINALI, DULIAJAN, BORAGADHAI, DIBRUGARH, ASSAM 786 602

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…PETITIONER

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(BY SRI. VEERAYYA HIREMATH.,ADVOCATE)

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AND:

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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STATE OF KARNATAKA WHITEFIELD POLICE STATION, BENGALURU CITY. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001.

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SMT. SHOBHA PRADHAN, D/O. SRI. PADAM BAHADUR PRADHAN, AGED ABOUT 32 YEARS, R/O. NO.382, 5TH A CROSS, 8TH MAIN, BEML LAYOUT, 6TH STAGE, THUBARAHALLI, BENGALURU - 560 066.

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…RESPONDENTS

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(BY SRI.CHANNAPP ERAPPA HCGP R1; NOTICE TO R2 IS DISPENSED WITH)

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2 - NC: 2025:KHC:28545 CRL.P No. 8807 of 2025

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HC-KAR

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CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET IN CC NO.8710/2023 DATED 15.05.2023 ON THE FILE OF ADDL.CJM AT BENGALURU RURAL FOR THE OFFENCES P/U/S 498A OF IPC AS PER ANNEXURE-A.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS

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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, petitioner seeks the following reliefs:

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"WHEREFORE the Petitioner prays that this Hon'ble Court may be pleased to:

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(i) Quash the Charge Sheet in CC No.8710/2023 dated 15.05.2023 on the file of Additional Chief Judicial Magistrate, at Bengaluru Rural for the offence punishable under Section 498A of IPC as per Annexure-A;

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(ii) Grant such other relief/s deems fit in the circumstances of the case in the interest of justice and equity ."

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Heard the learned counsel for the petitioner

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and the learned High Court Government Pleader of the respondent No.1.

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For order proposed, notice to respondent No.2 is dispensed with.

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3 - NC: 2025:KHC:28545 CRL.P No. 8807 of 2025

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HC-KAR

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Perusal of the material on record would indicate that petitioner's wife- 2^nd respondent, who filed the instant complaint which was registered in FIR in Crime No.387/2022 against the petitioner and others for the offence punishable under 498A of IPC.

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Matrimonial Proceedings in M.C.No.525/2023

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between the petitioner and respondent No.2 culminating in decree of divorce by mutual consent dated 23.08.2023.

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Under these circumstances, the petitioner is

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seeking quashment of the impugned proceedings pursuant to the decree of divorce between the petitioner and the respondent No.2.

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Memorandum of Settlement entered

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culminating decree of divorce by mutual consent between

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the petitioner and the respondent No.2 states as under:

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I. The petitioners have filed this joint petition under Section 13(B) of the Hindu Marriage Act, 1955 for dissolution of the marriage by mutual consent. The Hon'ble Court has waived off the statutory waiting period of six months vide order dated 11.08.2023.

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II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course, of mediation, 1st petitioner and the 2nd petitioner along with their counsel were, present in the mediation proceedings and the parties have

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NC: 2025:KHC:28545 CRL.P No. 8807 of 2025

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HC-KAR

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resolved their disputes and have agreed to the following terms and conditions:

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1. The petitioners state that they are Hindus by religion and their marriage was solemnized on 26.06.2022 at Nagaralingeshwara Swamy Temple, Hosahalli, Anugondanahalli Hobli, Hosakote Taluk, Bengaluru Rural District, as per Hindu rites and customs and subsequently registered on 28.06.2022 before the Registrar of Mas, Varthur, Bengalurų vide Marriage Certificate. No. VRT-HM272-2022-23, stored in C.D.NO.VRTM64. The 1st petitioner is residing in Bengaluru within the jurisdiction of this Hon'ble Court.

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2. Due to irreconcilable differences and temperaments, the petitioners have been living separately from 03.07.2022. 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. Hence, the petitioners have decided to get the marriage between them dissolved by a decree of divorce mutually.

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3. Both the petitioners state that they have no children born to them from the said marriage.

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4. Both the petitioners state that they are gainfully employed, they have no claims whatsoever against each other with regard to permanent alimony/maintenance either for the past, present or future and also have no claims over the movable or immovable properties belonging to each other either existing at present or to be acquired in future.

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5. The 1st petitioner has filed a case before M.C.525/2023 under Section 9 of the Hindu Marriage, seeking restitution of conjugal rights and the 1st petitioner also filed a case in Crime No.387/2022 (dated 26.12.2022 before Whitefield Police Station), now pending before ACJM, Bengaluru filed against the 2nd petitioner herein and his family members, for the offence punishable under Section 498A of IPC. In view of this settlement, the 1st petitioner has agreed to withdraw M.C.No.525/2023 and also cooperate, in closing/quashing Crime No.387/2022, in accordance with 6. Both the petitioners further state that there has been no collusion or force, fraud or any undue Influence in entering into this settlement agreement in the aforesaid manner.

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5 - NC: 2025:KHC:28545 CRL.P No. 8807 of 2025

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HC-KAR

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7. Both the petitioners state that they shall not interfere in the lives of each other in future.

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III. In view of the aforesaid agreement entered between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 26.06.2022 at Nagaralingeshwara Swamy Temple, Hosahalli, Anugondanahalli Hobli, Hosakote Taluk, Bengaluru Rural District to cancel the marriage certificate registered on 28.06.2022 before the Registrar of Marriages, Varthur, Bengaluru vide Marriage Certificate No.VRTHM272-2022-23, stored in C.D.NO.VRTM64, by a decree of divorce by mutual consent.

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IV Parties will appear on 21.08.2023 before the Court for passing orders in terms of the agreement."

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