Shiva Kumar H Vs State of Karnataka

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.13694/2021 FOR THE OFFENCES P/U/S 498A, 506 OF IPC AND SECTIONS 3 AND 4 OF DP ACT REGISTERED BY THE EAST ZONE WOMEN POLICE STATION PENDING ON THE FILE OF THE LEARNED XI ADDL.CJM BENGALURU.

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IN CRL.P NO. 11694/2022

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BETWEEN:

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SMT.H.PADMAVATHAMMA W/O LATE SRI H.ANJANEYULU AGED ABOUT 55 YEARS, RESIDING AT HOUSE NO.-1089/3 PADMAWHATHI NAGAR, PILERU, DISTRICT CHITTOR ANDHRA PRADESH – 517 214.

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SMT. SHARADAMMA H., W/O SRI HARIKRUSHNA AGED ABOUT 38 YEARS, R/O HOUSE NO. 2-1156

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NC: 2026:KHC:33500 CRL.P No. 5942 of 2026 C/W CRL.P No. 11694 of 2022

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HC-KAR

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PADMAVATHI NAGAR, PILERU, DISTRICT CHITTOR ANDHRA PRADESH - 517 214.

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SRI HEMANTH H., S/O LATE SRI H. ANJANEYULU, AGED ABOUT 33 YEARS, RESIDING AT HOUSE NO. 2-1089/3 PADMAVATHI NAGAR PILERU, DISTRICT CHITTOR ANDHRA PRADESH - 517 214.

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...PETITIONERS

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(BY SRI VEERANNA G. TIGADI, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY INSPECTOR OF POLICE EAST ZONE WOMEN POLICE STATION, BENGALURU,

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REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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SMT. N. BABY SHALINI W/O SHIVAKUMAR AGED ABOUT 35 YEARS, RESIDING AT NO. T.F 2 THIRD FLOOR AVENUE APARTMENTS, K S R T C LAY OUT, BENGALURU – 560 061.

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NC: 2026:KHC:33500 CRL.P No. 5942 of 2026 C/W CRL.P No. 11694 of 2022

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HC-KAR

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...RESPONDENTS

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(BY SMT.RASHMI PATEL, HCGP FOR R-1; SRIB.PRASAD, ADVOCATE FOR R-2)

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THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO ALLOW THE CRIMINAL PETITION BY QUASHING THE ORDER DATED 25.06.2021 TAKING COGNIZANCE OF THE OFFENCES P/U/S.498-A, 506 OF IPC AND SEC.3 AND 4 OF DP ACT 1961 AND BY QUASHING ALL THE FURTHER PROCEEDINGS IN C.C.NO.13694/2021 AGAINST THE PETITIONER PENDING ON THE FILES OF THE LEARNED VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS

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DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Petitioners/accused Nos.1 to 4, in these petitions, are before this Court seeking to quash the proceedings in C.C.No.13694 of 2021 registered for offences punishable under Sections 498A and 506 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, pending before the XI Additional Chief Judicial Magistrate, Bengaluru.

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5 - NC: 2026:KHC:33500 CRL.P No. 5942 of 2026 C/W CRL.P No. 11694 of 2022

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HC-KAR

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Heard Sri Nagendra Kumar K., learned counsel for petitioner in Crl.P.No.5942 of 2026; Sri Veeranna G Tigadi, learned counsel for petitioners in Crl.P.No.11694 of 2022, Smt. Rashmi Patel, learned High Court Government Pleader for respondent No.1 and Sri B Prasad, learned counsel appearing for respondent No.2, in both the petitions.

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During the pendency of the petitions, the members of the family have come together to resolve the dispute between them at the intervention of the well-wishers. Accordingly, in this regard, applications are filed before this Court under Section 320(2) r/w Section 482 of the Cr.P.C., seeking compounding of the offences along with the affidavits of the 2^nd respondent/complainant, who is common in both the petitions. The affidavit filed in one of the petitions i.e., Crl.P.No.5942 of 2026 reads as follows:

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“I, Smt. N Baby Shalini W/o. Shivakumar. Aged about 35 years, Residing at No. T.F 2 Third Floor, Avenue Apartments, KSRTC Layout Bengaluru-560061 do here by solemnly affirm and state an oath as follows:

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1. I am the Respondent no.2 in the case and I am aware of the facts of the case and am able to depose on the matters pertaining thereto.

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6 - NC: 2026:KHC:33500 CRL.P No. 5942 of 2026 C/W CRL.P No. 11694 of 2022

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HC-KAR

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2. I state that, I have settled the issue with the petitioners and accused no.1 amicably and I have no objection to quash the proceedings in offence in Crime No.124/2020 (C.C. No. 13694 of 2021) East Zone Women Police Station Bengaluru, for offence under sections 498A, 506, of Indian Penal Code and section 3 & 4 of Dowry Prohibition Act, pending on the file of XI Additional Chief Judicial Magistrate Bengaluru.

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Wherefore I pray before this Hon'ble court may be pleased to accept this affidavit and pass the order as accordance with law, in the interest of justice and equity.”

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The applications and the respective affidavits are taken on record.

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Since the offences alleged against the petitioners as mentioned hereinabove are not punishable with death or imprisonment for life and are also not against the State, I deem it appropriate to accept the applications filed seeking compounding of the offences and quash the proceedings pending against them.

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For the aforesaid reasons, the following:

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ORDER

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i) The Criminal Petition are disposed.

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NC: 2026:KHC:33500 CRL.P No. 5942 of 2026 C/W CRL.P No. 11694 of 2022

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HC-KAR

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ii) The proceedings in C.C.No.13694 of 2021 pending on the file of XI Additional Chief Judicial Magistrate, Bengaluru stands quashed qua the petitioners.

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Sd/(M.NAGAPRASANNA) JUDGE

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BKP List No.: 3 Sl No.: 7

Shiva Kumar H v. State of Karnataka

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Shiva Kumar H v. State of Karnataka

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