- 1 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 438 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W WRIT PETITION NO. 13251 OF 2023 (GM-RES) WRIT PETITION NO. 18856 OF 2023 (GM-RES) WRIT PETITION NO. 25256 OF 2023 (GM-RES) WRIT PETITION NO. 7271 OF 2024 (GM-RES) IN CRL.P No. 438/2023 BETWEEN: 1. NARASIMHA SHARMA S/O MURALI N., AGED ABOUT 32 YEARS, PRESENTLY RESIDING IN STOCKHOLM, SWEDEN. PERMANENT RESIDENT OF: NO.17, 5TH CROSS ROAD, 1ST MAIN ROAD, ANNAPOORNESHWARI LAYOUT, CHUNCHAGHATTA, BANGALORE. REPRESENTED BY HIS POWER OF ATTORNEY- SRI. N. MURALI I.E., PETITIONER NO.2. 2. SRI. N. MURALI S/O JNL NARASIMHAIAH, AGED ABOUT 61 YEARS, R/AT NO.17, 5TH CROSS ROAD, 1ST MAIN ROAD, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS ANNAPOORNESHWARI LAYOUT, CHUNCHAGHATTA, BANGALORE. …PETITIONERS (BY SMT. AKSHATHA SHETTY K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASHANKARI POLICE STATION, REPRESENTED BY SPP, BANGALORE–560 070. 2. SMT. RAMA P.N. W/O RAMESH H.K., AGED ABOUT 65 YEARS, RESIDING AT NO.254, 4TH D MAIN, SRI MARUTHI LAYOUT, VASANTHAPURA, BENGALURU-560 061. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. SRIKANTH R., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING (1) TO SET-ASIDE THE ORDER DATED 09.09.2022 PASSED BY THE CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN C.C.NO.29080/2022, TAKING COGNIZANCE AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTION 354(B), 506, 504, 509 AND 354 READ WITH 34 OF IPC. (2) TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.29080/2022 ON THE FILE OF THE CHIEF METROPOLITAN MAGISTRATE, BENGALURU, AGAINST THE PETITIONER NO.1 AND 2/ACCUSED NO.1 AND 2. - 3 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS IN WP NO. 13251/2023 BETWEEN: 1. SRI. R. SRIKANTH AGED ABOUT 35 YEARS, S/O SRI. H.K. RAMESH, 2. SRI. H.K. RAMESH AGED ABOUT 70 YEARS, S/O H.L. KRISHNASWAMY, 3. SMT. P.N. RAMA AGED ABOUT 62 YEARS, W/O H.K. RAMESH, PETITIONERS 1 TO 3 ARE RESIDING AT NO.254, 4TH D MAIN, SRI MARUTHI LAYOUT, VASANTHAPURA, BENGALURU-560 061. ...PETITIONERS (BY SRI. C.V. SRINIVASA, ADVOCATE; SRI. SRIKANTH R., ADVOCATE FOR P-2 & P-3) AND: 1. STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION, REPRESENTED BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SRI. N. MURALI S/O NARASIMHAIAH, AGED ABOUT 60 YEARS, 3. SMT. SAVITHRAMMA W/O N. MURALI, AGED ABOUT 56 YEARS, - 4 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS 4. SRI. NARASIMHA SHARMA S/O N. MURALI, AGED ABOUT 31 YEARS, RESPONDENTS 2 TO 4 RESIDING AT NO.17, 1ST FLOOR, 1ST MAIN, 5TH CROSS, ANNAPOORNESHWARI LAYOUT, CHUNCHAGHATTA, BENGALURU-560,062. 5. SRI. L. MADHUSUDHAN AGED ABOUT 69 YEARS, RESIDING AT FL-1, SUMUKHA PLANTINUM APARTMENT, NAGAMMA LAYOUT, SUBRAMANYAPURA, BENGALURU-560 061. 6. SRI. SATYANARAYANA SHASTRI S/O LATE GANESH BHAT, AGED ABOUT 75 YEARS, RESIDING AT NO.NIL, 5TH CROSS, AIYYAPPA NAGAR, K.R. PURAM, BENGALURU-560 036. ...RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SMT. AKSHATHA SHETTY, ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO (1) CALL FOR THE RECORDS OF THE TRIAL COURT TO REVERSE AND SET ASIDE THE ORDER AS IN ANNEXURE-A DATED 30.03.2023 PASSED BY THE COURT OF II ADDITIONAL CHIEF - 5 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS METROPOLITAN MAGISTRATE AT BENGALURU IN CC.NO.4076/2019; AND THEREBY (2) ALLOW THE APPLICATION DATED 03.12.2021 FILED BY THE PETITIONERS UNDER SECTION 319 READ WITH SECTION 190(1)(b) OF THE CODE OF CRIMINAL PROCEDURE, 1973 IN CC.NO.4076/2019 TO PROCEED AGAINST RESPONDENT NOS.2 TO 6 BY TAKING COGNIZANCE OF THE OFFENCE ALLEGEDLY COMMITTED BY THEM UNDER SECTION 3 OF THE DOWRY PROHIBITION ACT, 1961 AND TO SUMMON THEM TO FACE TRIAL ALONG WITH THE PETITIONERS IN CC.NO.4076/2019. IN WP NO. IN WP NO. 18856/2023 BETWEEN: 1. SRI. R. SRIKANTH AGED ABOUT 35 YEARS, S/O SRI. H.K. RAMESH, 2. SRI. H.K. RAMESH AGED ABOUT 70 YEARS, S/O H.L. KRISHNASWAMY, 3. SMT. P.N. RAMA AGED ABOUT 62 YEARS, W/O H.K. RAMESH, PETITIONERS 1 TO 3 ARE RESIDING AT NO.254, 4TH D MAIN, SRI MARUTHI LAYOUT, VASANTHAPURA, BENGALURU-560 061. ...PETITIONERS (BY SRI. SRIKANTH R., PARTY-IN-PERSON AND ADVOCATE FOR P-2 & P-3) - 6 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS AND: SMT.M. VAISHNAVI D/O N. MURALI, AGED ABOUT 31 YEARS, R/AT NO.17, 1ST FLOOR, 1ST MAIN, 5TH CROSS, ANNAPOORNESHWARI LAYOUT, CHUNCHAGHATTA, J.P. NAGAR, 7TH PHASE, BENGALURU-560 062. ...RESPONDENT (BY SMT. AKSHATHA SHETTY K., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CRL.MISC.NO.153/2018 PENDING BEFORE THE METROPOLITAN MAGISTRATE TRAFFIC COURT-II AT BENGALURU AS MENTIONED IN ANNEXURE-A. IN WP NO. 25256/2023 BETWEEN: 1. SRI. SRIKANTH R. AGED ABOUT 35 YEARS, S/O SRI. H.K. RAMESH, 2. SRI. H.K. RAMESH AGED ABOUT 70 YEARS, S/O H.L. KRISHNASWAMY, - 7 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS 3. SMT. P.N. RAMA AGED ABOUT 62 YEARS, W/O H.K. RAMESH, PETITIONERS 1 TO 3 ARE RESIDING AT NO.254, 4TH D MAIN, SRI MARUTHI LAYOUT, VASANTHAPURA, BENGALURU-560 061. ...PETITIONERS (BY SRI. SRIKANTH R., PARTY-IN-PERSON) AND: 1. STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION, REPRESENTED BY LEARNED HCGP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. VAISHNAVI M. D/O N. MURALI, AGED ABOUT 31 YEARS, R/AT NO.17, 1ST FLOOR, 1ST MAIN, 5TH CROSS, ANNAPOORNESHWARI LAYOUT, CHUNCHAGHATTA, J.P. NAGAR, 7TH PHASE, BENGALURU-560 062. ...RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SMT. AKSHATHA SHETTY, ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO (1) DIRECT RESPONDENT NO.1 TO FURNISH AND MAKE THE FOLLOWING - 8 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS DOCUMENTS PART OF THE POLICE REPORT FILED IN CC.NO.4076/2019 (ANNEXURE-A) PENDING BEFORE THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU: (i) COMPLAINT DATED 09.03.2018 FILED BY RESPONDENT NO.2 AT KONANAKUNTE POLICE STATION IN BENGALURU, ALONG WITH NCR.NO.148/2018 REGISTERED THEREIN (ANNEXURE-C); AND (ii) COMPLAINT DATED 12.03.2018 FILED BY RESPONDENT NO.2 AT RESPONDENT NO.1 POLICE STATION ALONG WITH NCR.NO.21/2018 REGISTERED THEREIN, AND REPLY STATEMENT TO NCR.NO.21/2018 GIVEN BY PETITIONER NO.1 AT RESPONDENT NO.1 POLICE STATION (ANNEXURE-D). IN WP NO. 7271/2024 BETWEEN: SRI. R. SRIKANTH AGED ABOUT 35 YEARS, S/O SRI. H.K. RAMESH, RESIDING AT NO.254, 4TH D MAIN, SRI MARUTHI LAYOUT, VASANTHAPURA, BENGALURU-.560 061. ...PETITIONER (BY SRI. R. SRIKANTH, PARTY-IN-PERSON) AND: SMT. M. VAISHNAVI D/O N. MURALI, AGED ABOUT 31 YEARS, R/AT NO.17, 1ST FLOOR, 1ST MAIN, 5TH CROSS, ANNAPOORNESHWARI LAYOUT, CHUNCHAGHATTA, - 9 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS J.P. NAGAR, 7TH PHASE, BENGALURU-560 062. ...RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO (i) REVERSE AND SET ASIDE THE ORDER OF REFUSAL TO MAKE A COMPLAINT UNDER SECTION 340(1) READ WITH SECTION 195(1)(b) OF THE CR.P.C. PASSED BY THE METROPOLITAN MAGISTRATE TRAFFIC COURT-II AT BENGALURU, IN CRL.MISC.NO.153/2018 DATED 16.08.2023 (VIDE ANNEXURE- A); (ii) REVERSE AND SET ASIDE THE ORDER OF DISMISSAL OF APPEAL FILED BY THE PETITIONER IN CRL.A.NO.1297/2023, PASSED BY THE LV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH56) AT BENGALURU, DATED 22.12.2023 (VIDE ANNEXURE-B); (iii) SET ASIDE THE ORDER OF IMPOSING A COST OF RS.10,000/- TO THE PETITIONER, DATED 22.12.2023, PASSED BY THE LV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH56) AT BENGALURU, IN CRL.A.NO. 1297/2023 (VIDE ANNEXURE-B); (iv) DIRECT THE METROPOLITAN MAGISTRATE TRAFFIC COURT-II AT BENGALURU, IN CRL.MISC.NO.153/2018, TO CONSIDER AND DISPOSE OF ON MERITS THE APPLICATION DATED 21.12.2021 FILED BY THE PETITIONER UNDER SECTION 340(1) READ WITH SECTION 195(1)(b) OF THE CR.P.C. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 10 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner No.1/party-in-person, also appearing as learned Advocate for petitioner Nos.2 and 3 has filed memo for withdrawal in W.P.No.13251/2023, W.P.No.25256/2023 and W.P.No.7271/2024, wherein, it is stated that the matrimonial dispute between the parties has been settled before the Hon’ble Family Court at Bengaluru in M.C.No.81/2024. Hence, the relief sought through this petition has become infructuous. 2. The memo filed in respective petitions are placed on record. 3. In Crl.P No.438/2023, joint memo is filed which reads as under: “That the above case is arising out of matrimonial dispute between Mr.Srikanth, the son of the Respondent No.2 (Complainant) and Smt.Vaishnavi, the daughter of the Petitioner No.2, - 11 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS which has been settled in MC 81 /2024 before the Principal Judge Family Court at Bengaluru Vide order dated 18.01.2025. The Copy of the order dated 18.01.2025 is herewith produced along with this memo for the kind perusal of this Hon’ble Court. That in view of the same both parties are hereby pray this Hon’ble Court to allow the petition and quash the charge sheet filed in C.C.29080/2022 earlier pending before Chief Metropolitan Magistrate, now transferred to II Additional Chief Judicial Magistrate Judicial, Bengaluru, in the interest of justice.” 4. In W.P.No.18856/2023, a joint memo is filed which reads as under: “That the matrimonial dispute between the parties have been settled before the Hon’ble Family Court Bengaluru, in MC No.81/2024. That this Petition is filed seeking quashing of the Petition filed by the Respondent under Protection of Women from Domestic Violence Act. That in view of the settlement both parties hereby pray this Hon’ble Court to allow the petition and quash the proceedings in Crl.Misc.No.153/2018 - 12 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS earlier pending before Metropolitan Magistrate Traffic Court-II, Bengaluru, now transferred to Judicial Magistrate First Class (Traffic Court-II), Bengaluru, in the interest of justice.” 5. Copy of the memorandum of settlement filed under Section 89 of Code of Civil Procedure r/w Rule 24 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is furnished along with the joint memo. 6. It is submitted that in view of the said memorandum of settlement filed before the Hon’ble Principal Judge, Family Court, Bengaluru in M.C.No.81/2024, a decree of divorce has been granted and the marriage of petitioner No.1 with the respondent solemnized on 11.03.2016 has been dissolved. 7. In terms of memorandum of settlement arrived between the parties before the Family Court, they have represented to this Court that the cases filed against each other may be quashed. - 13 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS 8. In Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013 (2) Crimes 90 (SC), the Hon’ble Apex Court has held that, the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR. 9. In the case of B.S.Joshi v. State of Haryana reported in (2003) 4 SCC 675, the Hon’ble Apex Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and a compromise is entered - 14 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS into between the parties who are willing to settle their differences amicably. 10. The matter arises out of matrimonial dispute, wherein the parties have settled the dispute in the Family Court in M.C.No.81/2024 consequent to which a decree of divorce has been granted. In view of the terms of settlement, the parties have agreed to withdraw all the complaints filed against each other and they have no objection to quash the proceedings pending against each other. Hence, the following: ORDER (i) W.P.Nos.13251/2023, 25256/2023 and 7271/2024 are dismissed as withdrawn. (ii) Crl.P.No.438/2023 and W.P.No.18856/2023 are allowed. - 15 - NC: 2025:KHC:17504 CRL.P No. 438 of 2023 C/W WP No. 13251 of 2023 WP No. 18856 of 2023 AND 2 OTHERS The entire proceedings in C.C.No.29080/2022 on the file of the Hon’ble Chief Metropolitan Magistrate, Bengaluru against petitioner Nos.1 and 2/accused Nos.1 and 2, are quashed. Pending I.As are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 3 CT:ar