SRI KIRAN KUMAR B., vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58078
CRL.P No. 11561 of 2025
CNR: KAHC010522932025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 11561 OF 2025
(482(Cr.PC) / 528(BNSS)-)
BETWEEN:
1. SRI KIRAN KUMAR B.,
S/O. SRI. BASAVARAJAPPA,
AGED ABOUT 33 YEARS,
RESIDING AT WARD NO. 20,
UPPAR CAMP, ASHOKA NAGARA,
BIRURU, BIRUR RURAL,
CHIKKAMAGALUR- 577 116
PRESENTLY AT
SRI SAI VENKATESHWARA MENS PG,
TH
41/3, 5 CROSS ROAD, TAVAREKERE,
ST
MARUTHI NAGAR, 1 STAGE, BTM LAYOUT,
BENGALURU- 560 029
2. SMT. GIRIJAMMA,
W/O. SRI. BASAVARAJAPPA,
AGED ABOUT 56 YEARS,
PRESENTLY R/AT HOLALKERE TALUK,
NEAR TEMPLE, CHIKKANDAVADI,
CHIKKANDAWADI, CHITRADURGA,
KARNATAKA - 577 523
3. SRI. BASAVARAJAPPA,
S/O. LATE GANGAPPA,
AGED ABOUT 62 YEARS,
PRESENTLY R/AT NO. 161,
NEAR KUKKUWADESHWARI TEMPLE,
HOLALKERE TALUK, CHIKKANDAVADI,
CHIKKANDAWADI, CHITRADURGA,
KARNATAKA 577 523
Digitally Signed By:
SURAJ GOVINDA RAJ
16/10/2026, 13:39, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:58078
CRL.P No. 11561 of 2025
CNR: KAHC010522932025
4. SRI. VEDAMURTHY. T,
S/O. SRI. P.V. TYAGARAJA,
AGED ABOUT 39 YEARS,
R/AT NO. NPF 12/1,
CHURCH MOUNT, SVP COLONY, JOG, SAGARA,
JOG FALLS, SHIMOGGA
KARNATAKA 577 435
5. SMT. ARUNA @ ARUNAKUMARI. B,
W/O. SRI. VEDAMURTHY. T,
D/O. SRI. BASAVARAJAPPA,
AGED ABOUT 35 YEARS,
R/AT NO. NPF 12/1, CHURCH MOUNT,
SVP COLONY, JOG, SAGARA, JOG FALLS,
SHIMOGGA KARNATAKA 577 435
…PETITIONERS
(BY SMT. MAHESHWARI D.M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
M. D. HALLI POLICE STATION,
MADANAYAKANAHALLI,
BENGALURU 562 162
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU 560 001
2. SMT. SAIPRIYA,
W/O. KIRAN KUMAR. B,
AGED ABOUT 26 YEARS,
PRESENTLY R/AT NO. 209,
BHAGYASHRI NIVAS,
BUDDHAJYOTHI LAYOUT,
CHIKKABIDARAKALLU,
NAGASANDRA POST,
BENGALURU 560 073
…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
SRI. J.M. ANIL KUMAR., ADVOCATE FOR R2)
Digitally Signed By:
SURAJ GOVINDA RAJ
16/10/2026, 13:39, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:58078
CRL.P No. 11561 of 2025
CNR: KAHC010522932025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.9800/2023 PENDING ON THE FILE OF THE
HONBLE I ADDL. CIVIL JUDGE AND JMFC, NELAMANGALA
(ANNEXURE-D) AND ETC.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the
following reliefs;
a) Quash the entire proceedings in C.C.No.9800/2023
pending on the file of the Honble I Addl. Civil Judge
and JMFC, Nelamangala (Annexure-D).
b) Quash the FIR registered in Cr.No.089/2023 registered
by the respondent no.1 (Annexure-A) and complaint dtd
12.02.2023 lodged by the respondent no.2 before the
respondent no.1 police(Annexure-B)
c) Quash the charge sheet filed by respondent no.1 police
station on 11.09.2023 in C.C.No.9800/2023 (Annexure-
C) for the offences p/u/s 498A, 114, 504, 506 r/w 149
of IPC, 1860 and Sec. 3 and 4 of the DP act as against
the petitioners pending on the file of the Honble I Addl.
Civil Judge and Jmfc, Nelamangala.
d) Pass any other order as this Hon’ble Court may
deem fit and proper in the facts and circumstances
of the case in the ends of justice.
2. The petitioner and respondent No.2 were husband
and wife. During the subsistence of their matrimonial
relationship, respondent No.2 lodged a complaint,
Digitally Signed By:
SURAJ GOVINDA RAJ
16/10/2026, 13:39, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:58078
CRL.P No. 11561 of 2025
CNR: KAHC010522932025
which came to be registered as Crime No.89 of 2023
by Madanayakanahally Police Station on 12.02.2023
for offences punishable under Sections 498-A, 114,
504, 506 and 149 of the Indian Penal Code, 1860,
and Sections 3 and 4 of the Dowry Prohibition Act,
1961. Upon completion of the investigation, a charge
sheet came to be filed on 11.09.2023, and the case
was registered as C.C. No.9800 of 2023 for the
aforesaid offences. Aggrieved by the continuation of
the said proceedings, the petitioners have
approached this Court seeking the aforesaid reliefs.
3. Petitioner No.1 was the husband of respondent No.2,
while petitioner Nos.2 to 5 are his family members.
4. Petitioner No.1 and respondent No.2 had during the
subsistence of the criminal proceedings also
instituted proceedings in M.C. No.629 of 2026 under
Section 13-B of the Hindu Marriage Act, 1955,
seeking dissolution of their marriage by mutual
consent. The matter was referred to mediation,
whereupon a memorandum of settlement came to be
entered into between the parties. In terms of the
settlement, the parties have acknowledged that,
owing to irreconcilable differences, they are unable
to continue their matrimonial relationship. They have
further stated that no children were born out of their
Digitally Signed By:
SURAJ GOVINDA RAJ
16/10/2026, 13:39, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:58078
CRL.P No. 11561 of 2025
CNR: KAHC010522932025
wedlock and that both are capable of maintaining
themselves, with neither party making any claim
against the other towards maintenance or permanent
alimony. It has also been agreed that respondent
No.2 would cooperate in seeking the closure and
quashing of C.C. No.9800 of 2023, which is the
subject matter of the present proceedings.
5. The settlement arrived at between the parties has
been accepted in M.C. No.629 of 2026, and a decree
has been directed to be drawn up dissolving the
marriage between petitioner No.1 and respondent
No.2.
6. In view of the settlement arrived at between
petitioner No.1 and respondent No.2, and the
subsequent dissolution of their marriage by a decree
of the competent Court, this Court is of the
considered opinion that continuation of the criminal
proceedings arising out of their matrimonial
relationship would serve no useful purpose. The
parties have consciously decided to part ways, and
respondent No.2 has agreed to cooperate in bringing
the criminal proceedings to an end.
Digitally Signed By:
SURAJ GOVINDA RAJ
16/10/2026, 13:39, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:58078
CRL.P No. 11561 of 2025
CNR: KAHC010522932025
7. This Court is conscious of the fact that the charge
sheet has been filed for offences punishable under
Sections 498-A, 114, 504, 506 and 149 of the Indian
Penal Code, 1860, and Sections 3 and 4 of the Dowry
Prohibition Act, 1961. The settlement between the
parties and the dissolution of their marriage would
not, by themselves, automatically warrant quashing
of the criminal proceedings. However, the Court is
required to examine the nature of the allegations,
the circumstances in which the dispute arose and the
effect that continuation of the proceedings would
have in the light of the subsequent settlement.
Having regard to the fact that the allegations arise
out of the matrimonial relationship between
petitioner No.1 and respondent No.2, that the parties
have resolved their disputes and decided to dissolve
their marriage by mutual consent, and that
respondent No.2 has agreed to cooperate in bringing
the proceedings to an end, this Court is satisfied
that, in the peculiar facts and circumstances of the
case, continuation of the prosecution would not serve
any meaningful purpose. The dispute having been
amicably resolved, the continuation of the
proceedings against the petitioners would only
Digitally Signed By:
SURAJ GOVINDA RAJ
16/10/2026, 13:39, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:58078
CRL.P No. 11561 of 2025
CNR: KAHC010522932025
prolong the litigation between the parties and would
not advance the ends of justice.
8. Accordingly, this Court is of the considered opinion
that the present case warrants exercise of its
inherent jurisdiction to prevent abuse of the process
of law and to secure the ends of justice. The
proceedings in C.C. No.9800 of 2023, pending in
respect of the offences referred to supra, are
required to be quashed.
9. In that view of the matter, this Court passes the
following;
ORDER
allowed.
i. Criminal petition is
ii. The proceedings in C.C.No.9800/2023
pending on the file of the Honble I Addl.
Civil Judge and JMFC, Nelamangala at
Annexure-D is quashed.
iii. The FIR registered in Cr.No.089/2023
registered by the respondent No.1 at
Annexure-A and complaint dated
12.02.2023 lodged by the respondent no.2
before the respondent No.1-police at
Annexure-B are quashed.
Digitally Signed By:
SURAJ GOVINDA RAJ
16/10/2026, 13:39, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:58078
CRL.P No. 11561 of 2025
CNR: KAHC010522932025
iv. The charge sheet filed by respondent No.1-
police station on 11.09.2023 in
C.C.No.9800/2023 at Annexure-C against
the petitioners pending on the file of the
Hon’ble I Addl. Civil Judge and JMFC,
Nelamangala, is quashed.
Digitally Signed By:
SURAJ GOVINDA RAJ
16/10/2026, 13:39, Bengaluru
Verified
(SURAJ GOVINDARAJ)
JUDGE
SR
List No.: 1 Sl No.: 26