Quashed¶42

Srinivasa v. State of Karnataka

Karnataka HC3 Mar 2025CRL.P/9508/2018

Case brief

AI extract

What is this about?

Karnataka High Court (Mohammad Nawaz J., 03-03-2025), CRL.P No. 9508 of 2018: quashment of 498A IPC / Sections 3 & 4 Dowry Prohibition Act case (C.C.No.18884/2017, VII ACMM Bengaluru) granted following out-of-court settlement of matrimonial dispute via memorandum of settlement under S.89 CPC and Karnataka Mediation Rules in M.C.No.238/2017 (S.13B Hindu Marriage Act); defacto complainant (wife) agreed to closure; proceedings quashed to secure ends of justice.

What did the court decide?

The entire proceedings pending in C.C.No.18884/2017 on the file of the VII ACMM at Bengaluru were quashed. ¶42

Srinivasa Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

The entire proceedings pending in C.C.No.18884/2017 on the file of the VII ACMM at Bengaluru were quashed.

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Issue for consideration

Whether the criminal proceedings in C.C.No.18884/2017 pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru, against the petitioners for offences under Section 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, arising out of a matrimonial dispute, should be quashed in view of the settlement arrived at between the parties.

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Court's answer

Since the matrimonial dispute out of which the criminal case arose has been settled between the parties pursuant to the Memorandum of Settlement (by which respondent No.2 agreed to close the criminal proceedings initiated by her), no purpose will be served by keeping the proceedings pending; therefore, in order to secure the ends of justice, the entire proceedings pending in C.C.No.18884/2017 on the file of the VII ACMM at Bengaluru are quashed.

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Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. (captioned also under S.528 BNSS) by four accused, including the husband and his relatives, seeking quashment of C.C.No.18884/2017 on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru, registered for offences punishable under Section 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act. The matter arose out of a matrimonial dispute; the husband and wife (respondent No.2/defacto complainant) settled their dispute in M.C.No.238/2017 filed under Section 13B of the Hindu Marriage Act, 1955 before the II Additional Principal Judge, Family Court, Bengaluru. Pursuant to the memorandum of settlement filed under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, accepted by the Family Court on 6.12.2017 (whereby the M.C. petition was dismissed and clause 6 of the settlement recorded respondent No.2's agreement to co-operate in closing/quashing the criminal case), the High Court held that no purpose would be served by keeping the proceedings pending, and, in order to secure the ends of justice, quashed the entire proceedings in C.C.No.18884/2017.

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1 - NC: 2025:KHC:9031 CRL.P No. 9508 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9508 OF 2018 (482(Cr.PC) /

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528(BNSS))

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BETWEEN:

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SRINIVASA

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S/O CHALUVEGOWDA, AGED ABOUT 32 YEARS, R/O NO.234, 7^TH CROSS, 7^TH MAIN, BSK 3^RD STAGE, VEERABHADRANAGARA, BANGALORE-560 085.

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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SMT. KUMARAMMA W/O CHALUVEGOWDA, AGED ABOUT 53 YEARS, R/O CHINNENAHALLI, NUGGEHALLY, BADDIKERE, CHANNARAYAPATNA, HASSAN-573 131.

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T.V. CHANDRASHEKAR S/O VENKATAGIRIGOWDA, AGED ABOUT 59 YEARS, R/O THUPPADAHALLI VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN-573 141.

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SMT. NAGARATHNAMMA W/O T.V. CHANDRASHEKAR, AGED ABOUT 51 YEARS, R/O THUPPADAHALLI VILLAGE, HIRISAVE HOBLI,

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NC: 2025:KHC:9031 CRL.P No. 9508 of 2018

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CHANNARAYAPATNA TALUK, HASSAN-573 141.

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…PETITIONERS

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(BY SRI. GIREESHA J.T., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY NANDINI LAYOUT P.S., REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

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SMT. VANI W/O SRINIVASA, AGED ABOUT 26 YEARS, NO.223, SAVITHA NALINA NILAYA, 1^ST CROSS, 23^RD MAIN, JAYAMARUTHI NAGARA, NANDINI LAYOUT, BANGALORE-560 096.

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…RESPONDENTS

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(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; R-2 SERVED)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.18884/2017 PENDING ON THE FILE OF VII ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTION 498-A OF IPC AND 3 AND 4 D.P. ACT, BY ALLOWING THIS PETITION.

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

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NC: 2025:KHC:9031 CRL.P No. 9508 of 2018

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioners and learned High Court Government pleader for the State.

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Respondent No.2/defacto complainant is served but unrepresented.

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In this petition, petitioners have sought to quash the proceeding in C.C.No.18884/2017 pending on the file of VII Additional Chief Metropolitan Magistrate at Bengaluru, initiated against them for offences punishable under Section 498A of IPC and Section 3 and 4 of Dowry Prohibition Act.

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It is submitted by the learned counsel for petitioners that the matter has been settled between the parties before the II Additional Principal Judge, Family Court at Bengaluru in M.C.No.238/2017, filed by respondent No.2 under Section 13B of the Hindu Marriage Act, 1955.

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4 - NC: 2025:KHC:9031 CRL.P No. 9508 of 2018

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The memorandum of settlement filed under

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Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is annexed to the petition. The Family Court, on 6.12.2017 has accepted the memorandum of settlement and dismissed the said M.C. petition.

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Clause 6 of the Memorandum of Settlement is extracted hereunder:

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“The petitioner has also agreed to co-operate with the respondent in closing/quashing the C.C.No.18884/2017, which is pending before VII ACMM, Bangalore filed against the respondent for the offences punishable under Section 498-A of IPC and Section 3 & 4 of DP Act, in accordance with law.”

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The matter arises out of matrimonial dispute. Consequent to the Memorandum of Settlement filed by both the parties, MC No.238/2017 has been closed. As per memorandum of settlement, respondent No.2 has agreed to close the present criminal proceedings initiated by her. Hence, no purpose will be served keeping the

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5 - NC: 2025:KHC:9031 CRL.P No. 9508 of 2018

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proceedings pending. In order to secure the ends of justice, the entire proceedings pending in

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CC No.18884/2017 on the file of VII ACMM at Bengaluru,

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are quashed.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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HB/TL List No.: 1 Sl No.: 42 Ct:ar

Srinivasa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Srinivasa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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