Karnataka High Court
Mr Prasad N @ Kannan vs State Of Karnataka on 27 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:8889
CRL.P No. 8621 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 8621 OF 2024 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. MR PRASAD N @ KANNAN
AGED ABOUT 33 YEARS
S/O NATARAJAN R
AGED ABOUT 33 YEARS
R/AT NO.21 MANALI KANDHASWAMY STREET
NALLIYAMPALAYAM ERODE TAMIL NADU 638009
2. MR MANIKANDAN N
S/O NATARAJAN R
AGED ABOUT 28 YEARS
R/AT NO.21 MANALI KANDHASWAMY STREET
NALLIYAMPALAYAM ERODE TAMIL NADU 638009
3. SMT SARASWATHI N
W/O NATARAJAN R
AGED ABOUT 57 YEARS
R/AT NO.21 MANALI
Digitally KANDHASWAMY STREET
signed by NALLIYAMPALAYAM
LEELAVATHI
SR ERODE TAMIL NADU 638009
Location:
High Court ...PETITIONERS
of Karnataka (BY SRI. SUNIL.P.P.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY K R PURAM P S
BENGALURU 560036
REP BY SPP
HIGH COURT BUILDING
BENGALURU 560 001
-2-
NC: 2025:KHC:8889
CRL.P No. 8621 of 2024
2. SMT SURYA M D/O MUTHU K
W/O SRI PRASAD N ALIAS KANNAN
AGED 31 YEARS
R/AT NO.24 GANDHI ROAD
CHURCH STREET
DODDABASAVANAPURA BENGALURU 560 049
...RESPONDENTS
(BY SRI.THEJESH, HCGP FOR R-1,
SMT. SURYA.M., ADVOCATE FOR R-2)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PCR
NO.58967/2023, REGISTERED FOR THE ALLEGED OFFENCES SAID
TO HAVE BEEN COMMITTED BY THE PETITIONERS HEREIN
UNDER SECTION 294, 498-A, 504, 506, 34 OF IPC AND SECTION 4
OF DOWRY PROHIBITION ACT, PENDING BEFORE THE
HONOURABLE X ACMM, BENGALURU AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner has sought for the following relief:-
"i. Quash the entire proceedings in PCR No.58967/2023 registered for the alleged offence said to have been committed by the Petitioners herein under section 294, 498-A, 504, 506, 34 IPC and Section 4 of Dowry Prohibition Act, pending before the Hon'ble X ACMM, Bengaluru at Annexure - A and ii. consequently, quash the FIR registered in Cr.No.16/2024, for the very same offence by Respondent No.1, (Annexure-C), on the basis of the -3- NC: 2025:KHC:8889 CRL.P No. 8621 of 2024 reference made by the Hon'ble X ACMM, Bengaluru, in PCR No.58967/2023, in the interest of justice and equity.
iii. Pass such other orders, as this Hon'ble Court deems fit on the facts and circumstance of this case, in the interest of justice and equity."
2. Learned counsel for the petitioners - accused Nos.1 to 3 and learned counsel for 2nd respondent - complainant have filed a Joint Memo duly signed by learned counsel for the petitioners and the same is taken on record.
3. Petitioner No.1 - accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Memo, which reads as under:-
"" MEMO REPORTING SETTLEMENT AND FOR QUASHING THE ENTIRE PROCEEDINGS PENDING BEFORE THE 29TH ADDL.CHIEF METROPOLITAN MAGISTRATE COURT, MAYOHALL, BENAGLURU CITY IN C.C.NO.64370/2024
1. In the above Petition, the Petitioners have sought for quashing of the entire proceedings in P.C.R. No.58967/2023, filed by the Respondent No.2, before the Hon'ble Trial Court, wherein the Trial Court referred the complaint under Section 156(3) of Cr.P.C to the Respondent No.1 to investigate and to file a report. Accordingly, Crime No.16/2024, came to be registered by Respondent No.1 for -4- NC: 2025:KHC:8889 CRL.P No. 8621 of 2024 the alleged offences punishable under Sections 498(A), 506, 504, 294, 34 of Indian Penal Code R/w Sections 3 and 4 of Dowry Prohibition Act.
2. The above petition came to be filed on 30.07.2024, however after clearance of the Office Objections, the matter came to be listed before the Court on 16.12.2024. On the said date, this Hon'ble Court was pleased to pass an interim order of stay of the investigation and all further proceedings in P.C.R.No.58967/2023, pending before the X ACMM, Bengaluru, qua the petitioners, till the next date of hearing. Subsequent thereto on verification, the Petitioners came to know that, the Respondent Police had already filed the Charge Sheet dated 11.08.2024, which was received by the Hon'ble Trial Court on 29.08.2024. Copy of the Charge Sheet is produced herewith for the kind perusal of this Hon'ble Court. Pursuant to filing of the Charge Sheet before the Hon'ble 29th Addl.CMM, Mayohall, Bengaluru, the case came to be registered as C.C.No.64370/2024 and is pending consideration. The said development took place before this Hon'ble Court stayed the above proceedings as stated above.
3. The Petitioners submit that, in the meantime, both the parties have amicably settled their disputes and has agreed for reunion to live together as husband and wife in future. Accordingly, the matter was referred to Karnataka Mediation Centre and both the parties settled their disputes before the Karnataka Mediation Centre, based on which a Memorandum of Settlement under Section 89 of CPC R/W -5- NC: 2025:KHC:8889 CRL.P No. 8621 of 2024 Rule 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, came to entered into between the parties. In the said Memorandum of Settlement, the Respondent No.2 has specifically agreed for the closure of the case in C.C.No.64370/2024 and has also agreed to co-operate with the Petitioner/s to quash/Closure of the above criminal case. Copy of the Certified Copy of the Memorandum of Settlement Agreement is enclosed herewith for the kind perusal of this Hon'ble Court.
WHEREFORE, the both the Parties pray that, this Hon'ble Court may kindly be pleased to quash the entire proceedings in C.C.No.64370/2024, pending before the Hon'ble 29th Addl.CMM, Mayohall, Bengaluru, in the ends of justice."
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of memo dated 19.02.2025.
(ii) The entire proceedings in P.C.R No.58967/2023 currently pending in C.C.No.64370/2024 (arising out of Crime No.16/2024 of 1st respondent -
Police) registered for the offences punishable -6- NC: 2025:KHC:8889 CRL.P No. 8621 of 2024 under Sections 498A, 506, 504, 294, 34 of IPC read with Sections 3 and 4 of Dowry Prohibition Act pending on the file of 29th Additional CMM, Mayohall, Bengaluru, are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 63