IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 243 OF 2025 C/W CRIMINAL PETITION NO. 11308 OF 2022 IN CRL. P. NO.243/2025:

BETWEEN:

KRISHNA KUMAR, JAGANATHA N., AGED 35 YEARS, NRA 11, 13^TH CROSS, BAHUBALI NAGAR, JALAHALLI, BENLGAURU 560 058.

…PETITIONER (BY SRI. HANUMESH H.N., ADVOCATE)

IN CRL.P.NO.11308/2022:

BETWEEN:

1. KOMALA, W/O JAGANATHA N., Digitally signed by AGED ABOUT 54 YEARS, VANAMALA N R/A #495, 7^TH CROSS, Location: HIGH RAJEEV GANDHI NAGAR, COURT OF LAGGERE, BENGALURU-560 058.

KARNATAKA

2. JAGANATHA, S/O H. NARAYANAPPA, AGED ABOUT 56 YEARS, R/A #495, 7^TH CROSS, RAJEEV GANDHI NAGAR, LAGGERE, BENGALURU-560 058.

…PETITIONERS (BY SRI. HANUMESH H.N., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY RAJGOPAL NAGARA POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE 560001.

2. SMT. MALASHREE, W/O KRISHNA KUMAR, AGED 27 YAERS R/A 578, 9^TH CROSS, 4^TH MAIN, AGARAHARA LAYOUT, YELHANAKA, BENGLAURU 560064.

…RESPONDENTS (COMMON)

(BY SRI. THEJESH, HCGP FOR R1;

SRI. M. CHANDRASHEKAR, ADVOCATE FOR R2)

THE CRL.P NO. 243/2025 IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 08.06.2021 OF THE VII ADDL. CMM COURT, AT BANGALORE THEREBY TAKING COGNIZANCE IN C.C. NO.13318/2021 FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND 506 IPC R/W 34 OF I.P.C AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT, AND CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS PENDING THEREON.

THE CRL.P NO.11308/2022 IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 08.06.2021 OF THE VII ADDL. CMM COURT, AT BANGALORE THEREBY TAKING COGNIZANCE IN C.C. NO.13318/2021 FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND 506 IPC R/W 34 OF I.P.C AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT, AND CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS PENDING THEREON THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In these petitions, petitioners have sought for the following reliefs:-

In Crl.P.No.243/2025 "Set aside the order dated 08.06.2021 of the VII Addl.

CMM Court, at Bangalore thereby taking cognizance in C.C. No. 13318/2021 for the offenses punishable under Sections 498A, 323, 504 and 506 IPC r/w 34 of I.P.C and U/s 3 and 4 of Dowry Prohibition Act., and consequently, quash the entire proceedings pending thereon."

In Crl.P.No.11308/2022 "Set aside the order dated 08.06.2021 of the VII Addl.

CMM Court, at Bangalore thereby taking cognizance in C.C. No. 13318/2021 for the offenses punishable under Sections 498A, 323, 504 and 506 IPC r/w 34 of I.P.C and U/s 3 and 4 of Dowry Prohibition Act., and consequently, quash the proceedings pending thereon."

2. Learned counsel for the petitioners – accused No.1 to

3 and learned counsel for second respondent – complainant in both the petitions have filed joint affidavits duly signed by the petitioners, second respondent and their respective counsels and the same are taken on record.

3. Petitioners-accused Nos.1 to 3 and second respondent are physically present before the Court and they admit the contents of the joint affidavit, which reads as under:-

In Crl.P.No.243/2025 WE, Krishna Kumar, S/o Jaganatha N, Aged about 35 years, Residing at #11, 13th cross, Bahubali Nagar, Jalahalli, Bengaluru-560058, and;

Smt.Malashree, W/o Krishna Kumar, Aged about 27 years, Residing at 578,9th Cross, 4th Main, Agrahara Layout, Yelhanka, Bengaluru-560064

1. That we are the Petitioner and the Respondent No.2/Original Complainant in the aforesaid case and we are aware of the facts and circumstances of the case. Hence we are swearing to this affidavit.

2. It is submitted that on the basis of a complaint lodged by the Original Complainant/Respondent No.2 against th