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Smt Jai Sheela J R v. the State of Karnataka

Karnataka HC5 Mar 2026WP/38909/2025

Case brief

AI extract

What is this about?

Quashment of 498A/494/307 r/w 34 IPC proceedings qua Accused No.3 in C.C.No.31331/2021 (Crime No. 0138/2021, Kempapura Agrahara P.S., Bengaluru); writ petition under Articles 226/227 Constitution read with S.482 CrPC allowed following Coordinate Bench order Crl.P.No.4412/2025 dated 01.07.2025; background facts: divorce by mutual consent in M.C.No.49/2023 dated 19.11.2024 and de facto complainant turning hostile as PW1 in S.C.No.1362/2021; Karnataka High Court, Bengaluru, decided 05.03.2026; neutral citation NC: 2026:KHC:13683; Coram: Justice M.Nagaprasanna; counsel: Sri. Mohan Kumar D for petitioner, Smt. Sowmya R HCGP for respondent No.1.

What did the court decide?

The Criminal Petition is allowed; the proceedings in C.C.No.31331/2021 before the XXIV Addl. Chief Judicial Magistrate, Bengaluru, stand quashed qua the petitioner / Accused No.3.

Smt Jai Sheela J R Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:13683 WP No. 38909 of 2025

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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 5^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 38909 OF 2025 (GM-RES)

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BETWEEN:

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Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

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SMT. JAI SHEELA J R, W/O KRISHNA KUMAR M, AGED ABOUT 38 YEARS, R/AT NO.5/A, ISHAVASYAM, 3^RD MAIN ROAD, 11^TH 'A' CROSS, PRASHANTH NAGAR, BANGALORE NORTH, BENGALURU - 560 079, ADDRESS AS PER CHARGE SHEET, NO.04, 12^TH CROSS, PIPELINE ROAD, NEAR TEJAS NURSING ROOM, CHOLURPALYA, MAGADI ROAD, BANGALORE - 560 023.

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(BY SRI. MOHAN KUMAR D, DVOCATE)

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AND:

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…PETITIONER

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THE STATE OF KARNATAKA, BY KEMPAPURA AGRAHARA PS, BENGALURU, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001.

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2 - NC: 2026:KHC:13683 WP No. 38909 of 2025

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HC-KAR

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SMT. HONNADEVI, W/O CHANDRAKUMAR, AGED ABOUT 32 YEARS, NO.04, 12^TH CROSS, PIPELINE ROAD, NEAR TEJAS NURSING ROOM, CHOLURPALYA, MAGADI ROAD, BANGALORE - 560 023.

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…RESPONDENTS

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(BY SMT. SOWMYA R, HCGP FOR R1)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT OR ORDER SEEKING TO QUASH THE ENTIRE PROCEEDINGS, IN SO FAR AS PETITIONER / ACCUSED NO.3 IS CONCERNED, INITIATED BY THE LEARNED XXIV ACJM, BENGALURU, IN C.C NO.31331 OF 2021, FOR OFFENCES PUNISHABLE UNDER SECTION 498(A), 494, 307 R/W 34 OF IPC REGISTERED BY THE RESPONDENT KEMPAPURA AGRAHARA POLICE STATION, BENGALURU, IN CRIME NO. 0138/2021, VIDE ANNEXRURE-CAND ETC.

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

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NC: 2026:KHC:13683 WP No. 38909 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court, seeking the following

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prayers:

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"a) Issue a Writ of Certiorari or other appropriate writ or order seeking to quash the entire proceedings, in so far as Petitioner / Accused No.3 is concerned, initiated by the Learned XXIV ACJM, Bengaluru, in C.C No.31331 of 2021, for offences punishable under Section 498(A), 494, 307 R/w 34 of IPC registered by the Respondent Kempapura Agrahara Police Station, Bengaluru, in Crime No. 0138/2021, vide ANNEXRURE-C.

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b) Pass such other order/s as this Hon'ble Court deem fit under the facts and circumstances of the case, in the interest of justice and equity."

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Heard the learned counsel Sri. Mohan Kumar D,

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appearing for the petitioner, Smt. Sowmya R, learned HCGP appearing for respondent No.1 and have perused the material on record.

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Learned counsel appearing for the petitioner would

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submit that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench of this Court in

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NC: 2026:KHC:13683 WP No. 38909 of 2025

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HC-KAR

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Crl.P.No.4412/2025 disposed on 01.07.2025, wherein it has

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held as follows:

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"In this petition, petitioners seek the following reliefs:

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“(i) Call for the entire records in C.C.No.31331/2021 pending before the XXIV Additional Chief Judicial Magistrate at Bengaluru.

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(ii) Quash the proceedings initiated against the petitioners in C.C.No.31331/2021 which is pending before the XXIV Additional Chief Judicial Magistrate at Bengaluru for the offences punishable under Sections 498A, 494, 307 r/w Section 34 of IPC filed by respondent No.1 police i.e., K.P.Agrahara Police Station, Mysuru in Crime No.138/2021.

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(iii) Grant such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice.”

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Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 is served and unrepresented.

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A perusal of the material on record will indicate that respondent No.2 is the wife of Chandrakumar, who is brother of petitioner No.1 – accused No.2 and petitioner No.2 – accused No.4. The said Chandrakumar has been arraigned as accused No.1 in the impugned proceedings in Crime No.138/2021, which is presently pending in C.C.No.31331/2021 before the Trial Court. In this context, it is relevant to state that there was matrimonial proceedings pending between the aforesaid de-facto complainant – Smt. Honnadevi and her husband Chandrakumar, which culminated in a decree of divorce by mutual consent in M.C.No.49/2023 dated 19.11.2024 wherein respondent No.2 has withdrawn all her claims not only against her husband but also against the remaining family members including the petitioners herein. Pursuant thereto, in the impugned proceedings in S.C.No.1362/2021, respondent No.2 was examined as

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5 - NC: 2026:KHC:13683 WP No. 38909 of 2025

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HC-KAR

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PW1, who has turned completely hostile and has withdrawn all the allegations / resiled from all the allegations made by her in the complaint and statement made before the police authorities.

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Under these circumstances, in view of decree of divorce obtained by mutual consent between respondent No.2 and her husband and also in view of respondent No.2, who was examined as PW1 in S.C.No.1362/2021, who had turned completely hostile and withdrew all the allegations made by her in the complaint and statement made before the police authorities, continuation of the impugned proceedings would be exercise in futility and consequently, in order to secure ends of justice, I deem it just and proper to quash the impugned proceedings.

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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 proceedings in C.C.No.31331/2021 pending before the XXIV Addl. Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 498A, 494, 307 r/w Section 34 of IPC, insofar as the petitioners are concerned are hereby quashed."

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