Karnataka High Court
CRL.P/5/2026 of ABINASH KUMAR PATRA Vs STATE OF KARNATAKA on 14 July 2026
NC: 2026:KHC:35879 CRL.P No. 5 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5 OF 2026 BETWEEN: 1. ABINASH KUMAR PATRA, S/O ASHOK KUMAR PATRA, AGED ABOUT 32 YEARS, 2. ASHOK KUMAR
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5 OF 2026
BETWEEN:
1.
ABINASH KUMAR PATRA,
S/O ASHOK KUMAR PATRA,
AGED ABOUT 32 YEARS,
2.
ASHOK KUMAR PATRA,
S/O LATE BRUNDABAN PATRA,
AGED ABOUT 63 YEARS,
3.
KANAK LATA PATRA,
W/O ASHOK KUMAR PATRA,
AGED ABOUT 58 YEARS,
ALL RESIDING AT: FLAT NO.406,
TOWER A, GLEN GATE,
HOUSE OF HIRANANDANI,
DEVINAGAR, KODIGEHALLI,
BENGALURU - 560092.
…PETITIONERS
(BY SRI. AKSHATA SHARMA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA,
BY WHITEFIELD POLICE STATION,
BENGALURU,
REPT. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560001.
(THE COMPLAINT FILED BEFORE THE
RESPONDENT NO. 1 WAS TRANSFERRED
TO CCB,
Digitally signed
by
PADMAVATHI B
K
Location: High
Court of
Karnataka
HC-KAR
HENCE THEY ARE NOW ARRAYED
ONLY AS FORMAL PARTIES).
2.
STATE OF KARNATAKA,
BY CENTRAL CRIME BRANCH,
ANTI-NARCOTICS WING,
BENGALURU,
REPTD. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560001.
3.
ANKITA TRIPATHI,
W/O ABINASH KUMAR PATRA,
AGED ABOUT 28 YEARS,
RESIDING AT: NO.27, 4TH CROSS,
TC PALYA MAIN ROAD,
GREEN PARADISE LAYOUT,
HALEHALLI KR PURAM,
BENGALURU - 560036.
…RESPONDENTS
(BY SMT.WAHEEDA M.M., HCGP FOR R1 & R2;
SRI.AMEENULLA N.K., ADVOCATE FOR R3)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH FIR NO.CR.NO.105/2025 FOR THE
OFFENCE P/U/S 85 R/W 3(5) OF BNS AND SEC.3,4 OF D.P ACT
REGISTERED ONLY ON 24.11.2025 PREVIOUSLY PENDING ON
THE FILE OF 2TH A.C.M.M MAYO HALL, BENGALURU AND
CURRENTLY
PENDING
ON
THE
FILE
OF
1ST
A.C.J.M
BENGALURU (ANNEXURE-A).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioners are before this Court calling in question proceedings in Crime No.105/2025 registered for the offences punishable under Section 85 read with Section 3(5) of BNS and Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard Sri.Akshata Sharma, learned counsel appearing for the petitioners, Smt. Waheeda M.M., learned HCGP appearing for respondent Nos.1 and 2, Sri.Ameenulla N.K., learned counsel appearing for respondent No.3 and have perused the material on record.
3. The parties to the lis were also before the Family Court in M.C.No.3698/2026 and have settled the dispute amongst themselves before the Family Court by terms of settlement. One of the term of the settlement is, closure of the present proceedings. The parties to the lis have filed a Joint Affidavit in that regard. The said Joint Affidavit reads as follows:
HC-KAR
“We, Mr. Abinash Kumar Patra, S/o Sri. Ashok Kumar Patra, Aged about 33 years, Residing at: Flat No. 406, Tower A, Glen Gate, House of Hiranandani, Devinagar, Kodigehalli, Bengaluru 560092 the 1st Petitioner and Mrs. Ankita Tripathi, D/o Anand Tripathi, Aged about 29 years, Residing at: No. 27, 4th Cross, T.C. Paya Main Road, Green Paradise Layout, Halehalli K.R. Puram, Bengaluru 560036 the 2nd Petitioner herein, do hereby state on oath as follows:
1. That the instant petition has been filed for the purpose of seeking quashing of FIR NO.CR.NO.105/2025 for the offence punishable u/s 85 r/w 3(5) of BNS and Sections 3,4 of D.P. Act registered only on 24.11.2025 (previously pending on the file of 2nd ACMM Mayo Hall, Bengaluru and currently pending on the file of 1st ACJM, Bengaluru) that was filed by the Respondent No. 3 - the complainant against the Petitioners.
2. That in lieu of the amicable settlement, we have set aside all the differences and also had proceeded to file MC No. 3698 of 2026 under Section 13B of the Hindu Marriage Act, 1955 for dissolving our marriage through mutual consent. A screenshot of the e-Courts case status is produced as Document No. 1. It is submitted that due to paucity of time, we were unable to secure the certified copies of the decree as also the compromise entered into the aforementioned case.
3. That in such facts and circumstances, it is prayed that the petitions pending before this Hon'ble Court arising from of FIR NO.CR.NO.105/2025 for the offence punishable u/s 85 r/w 3(5) of BNS and Sections 3,4 of D.P. Act registered only on 24.11.2025 (previously pending on the file of 2nd ACMM Mayo Hall, Bengaluru and currently pending on the file of 1st ACJM, Bengaluru) be accordingly quashed.”
4. The parties to the lis are present before the Court and are identified by their respective counsels.
HC-KAR
5. In the light of settlement have been arrived at and also the Joint Affidavit as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the said Joint Affidavit and terminate the proceedings against the petitioners in the subject petition.
6. For the aforesaid reasons, the following:
ORDER
[I] Criminal Petition is disposed. [II] Proceedings in Crime No.105/2025 previously pending before the 29th ACMM, Mayo Hall, Bengaluru and currently pending before the 1st ACJM, Bengaluru, stands quashed qua the petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 1 Sl No.: 47