- 1 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 668 OF 2019 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 669 OF 2019 CRIMINAL PETITION NO. 737 OF 2019 CRIMINAL PETITION NO. 739 OF 2019 IN CRL.P No. 668/2019 BETWEEN: 1. MOHAN KAMATH S/O A. SHRIDHAR KAMATH, AGED ABOUT 64 YEARS, R/O SHANTHINIKETHAN, RADHAMOHAN APARTMENT, BEHIND KMC HOSPITAL, ATHAVAR, MANGALURU, D.K. DISTRICT-575 001. 2. KEDAR KAMATH S/O MOHAN KAMATH, AGED ABOUT 27 YEARS, R/O SHANTHINIKETHAN, RADHAMOHAN APARTMENT, BEHIND KMC HOSPITAL, ATHAVAR, MANGALURU, D.K. DISTRICT-575 001. …PETITIONERS (BY SRI. K. RAVISHANKAR, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 AND: SMT. NEETHI D NAYAK W/O KARTHIK KAMATH, D/O V. DEVANAND NAYAK, AGED 27 YEARS, R/O SHRI VINAYAK, DOOR NO.19/1520A, MADHAVAN NAIR ROAD, CHALAPPURAM, KOZHIKODE, KERALA STATE-673 002. …RESPONDENT (BY SRI. B.S. SACHIN, ADVOCATE) THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE ENITRE PROCEEDINGS IN M.C.NO.90/2017 PENDING ON THE FILE OF THE COURT OF JMFC III MANGALURU IN SO FAR AS THE PETITIONERS ARE CONCERNED. IN CRL.P NO. 669/2019 BETWEEN: MOHAN KAMATH S/O A. SHRIDHAR KAMATH, AGED ABOUT 64 YEARS, R/O SHANTHINIKETHAN, RADHAMOHAN APARTMENT, BEHIND KMC HOSPITAL, ATHAVAR, MANGALURU, D.K. DISTRICT-575 001. ...PETITIONER (BY SRI. K. RAVISHANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SHO, WOMEN POLICE STATION, PANDESHWAR, MANGALURU-575 001. - 3 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 2. SMT. NEETHI D NAYAK W/O KARTHIK KAMATH, AGED 27 YEARS, R/O SHRI VINAYAK, DOOR NO.19/1520A, MADHAVAN NAIR ROAD, CHALAPPURAM, KOZHIKODE, KERALA STATE-673 002. ...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. B.S.SACHIN, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1938/2017, PENDING ON THE FILE OF THE COURT OF JMFC III MANGALORE FOR THE OFFENCE PUNISHABLE UNDER SEC. 498A, 504, 323, 506 R/W 34 OF IPC AND SEC. 3 AND 4 OF DOWRY PROHIBITION ACT IN SO FAR AS THE PETITIONER IS CONCERNED. IN CRL.P NO. 737/2019 BETWEEN: VEENA KAMATH W/O MOHAN KAMATH, AGE - 58, R/O SHANTHINIKETHAN, RADHAMOHAN APARTMENT, SHANTHI NIKETHAN, BEHIND KMC HOSPITAL, ATHAVAR, MANGALURU, D.K.DISTRICT-575 001. ...PETITIONER (BY SRI. K. RAVISHANKAR, ADVOCATE) AND: SMT. NEETHI D NAYAK @ LAKSHMI KARTHIK KAMATH W/O KARTHIK KAMATH, - 4 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 D/O V. DEVANAND NAYAK, AGED 29 YEARS, R/O SREE VINAYAKA, DOOR NO.19/1520A, MADHAVAN NAIR ROAD, CHALAPPURAM, KOZHIKODE, KERALA STATE-673 002. ...RESPONDENT (BY SRI. B.S.SACHIN, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.90/2017 (M.C.NO.90/2017) PENDING ON THE FILE OF THE J.M.F.C. III COURT, MANGALORE, D.K., IN SO FAR AS THE PETITIONER IS CONCERNED. IN CRL.P NO. 739/2019 BETWEEN: VEENA KAMATH W/O MOHAN KAMATH, AGED 54 YEARS, R/O SHANTHINIKETHAN, RADHAMOHAN APARTMENT, BEHIND KMC HOSPITAL, ATHAVAR, MANGALURU, D.K. DISTRICT-570 001. ...PETITIONER (BY SRI. K. RAVISHANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SHO, WOMEN POLICE STATION, PANDESHWAR, MANGALURU-575 001. 2. SMT. NEETHI D NAYAK W/O KARTHIK KAMATH, - 5 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 AGED 27 YEARS, R/O SHRI VINAYAK, DOOR NO.19/1520A, MADHAVAN NAIR ROAD, CHALAPPURAM, KOZHIKODE, KERALA STATE-673 002. ...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. B.S.SACHIN, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1938/2017, PENDING ON THE FILE OF THE COURT OF JMFC III MANGALORE FOR THE OFFENCE PUNISHABLE UNDER SEC. 498A, 504, 323, 506 R/W 34 OF IPC AND SEC. 3 AND 4 OF DOWRY PROHIBITION ACT IN SO FAR AS THE PETITIONER IS CONCERNED. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER These petitions arise out of two proceedings initiated by respondent No.2, as a result of a matrimonial dispute. 2. FIR in Crime No.13/2017 was registered at Mangaluru Women Police Station against the husband, parents-in-law and brother-in-law of respondent No.2, for offences punishable under Section 504, 506, 498A, 323 - 6 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 r/w 34 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961. 3. The investigation thereof resulted in filing of charge sheet before the JMFC III Court, Mangaluru in C.C.No.1938/2017. 4. In the meanwhile, respondent No.2 initiated proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in M.C.No.90/2017 (Crl.Misc No.90/2017) before the Court of JMFC III, Mangaluru seeking certain relief’s against the respondents therein. 5. Today the learned counsel appearing for the parties have filed separate applications under Section 320(3) of Cr.P.C., seeking permission of the Court to compound the case on the ground that the dispute has been settled out of Court in both the cases. The applications are signed by the learned counsel for - 7 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 petitioners as well as respondent/complainant, supported by the affidavits of the parties. 6. It is stated that during the pendency of these petitions, dispute between the husband and respondent No.2 has been settled amicably due to the intervention of the family members and other well-wishers and respondent No.2/complainant has agreed to withdraw the criminal cases filed against her husband and family members and also the petition initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2012. 7. Respondent No.2/complainant who is present before the Court has expressed no objection to quash the proceedings pending in C.C.No.1938/2017 on the file of the Court of JMFC III, Mangaluru and Crl. Misc.No.90/2017 pending before the Court of JMFC III, Mangaluru D.K. 8. It is stated that as per settlement, respondent No.2 has agreed to accept a sum of Rs.34,00,000/- as - 8 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 permanent alimony as full and final settlement of the dispute, including Rs.7,00,000/- already withdrawn by her which was deposited in MFA No.3869/2020. Today, the balance of Rs.27,00,000/- has been handed over to respondent No.2 vide D.D. dated 21.12.2024 bearing No.386895 drawn on IndusInd Bank, Mangaluru, in her favour. 9. A memo is filed by the learned counsel for petitioner for having handed over the D.D. and the same is acknowledged by respondent No.2/defacto complainant. 10. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having overwhelmingly and predominantly civil character, particularly those - 9 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 11. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Supreme 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 the compromise is entered into between the parties. 12. In view of the settlement entered between the parties, I am of the considered view that the continuation of criminal proceedings and the proceedings initiated under the DV Act, will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end, to secure the ends of justice. Hence, the following: - 10 - NC: 2025:KHC:10761 CRL.P No. 668 of 2019 C/W CRL.P No. 669 of 2019 CRL.P No. 737 of 2019 AND CRL.P NO.739 of 2019 ORDER Petitions are allowed. The entire proceedings pending on the file of the Court of JMFC III, Mangaluru in C.C.No.1938/2017 and the proceedings in M.C.No.90/2017 (Crl.Misc No.90/2017) pending on the file of the Court of JMFC III, Mangaluru are hereby quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 42 Ct:ar