Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9249 CRL.P No. 678 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 678 OF 2022 (482(Cr.PC) / 528(BNSS))
BETWEEN:
SRI. NISHANT SHEORAN S/O SULTAN SINGH, AGED ABOUT 27 YEARS, RESIDING AT NO.D-3/9, GF-A, ARDEE CITY, SECTOR-52, GURUGRAM-122 001, HARYANA STATE.
ALSO AT H.NO.1597/31, CHOTU RAM COLONY, NEAR NEW POLICE LINE, GOHANA ROAD, SONEPAT, HARYANA STATE-131 001. …PETITIONER (BY SRI. NAIK VENKATARAMAN NAGAPPA, ADVOCATE) AND:
1.
STATE BY KARNATAKA BY MICO LAYOUT POLICE, BENGALURU CITY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2.
SMT. NEHA GOYAT W/O SRI. NISHANTH SHEORAN AGED ABOUT 32 YEARS, RESIDING AT H.NO.1225, SECTOR-7,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:9249 CRL.P No. 678 of 2022
PANCHAKULA, HARYANA STATE.
ALSO AT HOUSE NO.6, 2ND FLOOR, 37TH MAIN, K.A.S. COLONY, B.T.M 2ND STAGE, BENGALURU-560 068. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1;
SRI. B.C.VENKATESH, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO CALL FOR THE RECORDS IN CRIME NO.185/2021, REGISTERED BY THE MICO LAYOUT POLICE, BENGALURU (RESPONDENT) AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 506, 34, 504, 452, 323 IPC, (ON THE FILE OF 6TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND QUASH THE FIRST INFROMATION REPORT AGAINST THE PETITIONER IN CRIME NO.185/2021, REGISTERED BY THE MICO LAYOUT POLICE, BENGALURU (RESPONDENT NO.1) AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 506, 34, 504, 452, 323 OF IPC, (ON THE FILE OF THE 6TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:9249 CRL.P No. 678 of 2022
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This petition under Section 482 of Cr.P.C. is preferred by the petitioner praying to quash the FIR registered against him in Cr.No.185/2021 at Mico Layout police station for offences punishable under Section 323, 452, 504, 506 r/w 34 of IPC.
2. In the complaint lodged by respondent No.2, she has alleged that on 30.7.2021 at about 10.00 p.m., petitioner and others trespassed into her house, abused, assaulted and tried to abduct her etc.
3. A petition is filed under Section 320 of Cr.P.C. signed by the learned counsel appearing for petitioner and the learned counsel for respondent No.2 as well as respective parties, who are present before the Court.
4. It is stated that the petitioner and respondent No.2/complainant are husband and wife and they have
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NC: 2025:KHC:9249 CRL.P No. 678 of 2022
amicably resolved their dispute unconditionally and are not interested in involving in any litigation, accordingly respondent No.2 has agreed to withdraw the case.
5. Respondent No.2/defacto complainant, who is present before the Court submits that the matter has been amicably settled and she is not willing to pursue the matter any further.
6. In Narinder Singh & Ors. v. State of Punjab & Anr. reported in (2014) 6 SCC 466, it is 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 to (i) secure ends of justice, or (ii) prevent abuse of the process of any court.
7. It is well settled that, the criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes
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NC: 2025:KHC:9249 CRL.P No. 678 of 2022
should be quashed when the parties have resolved their entire disputes among themselves.
8. Considering the facts and circumstances of the case and in view of the matter having been amicably resolved by the parties, no purpose will be served in continuing the proceedings initiated against the petitioner. Hence, I proceed to pass the following:
ORDER i. Petition is allowed. ii. Proceedings arising out of Cr.No.185/2021 registered at Mico Layout Police Station for offence punishable under Section 323, 452, 504, 506 r/w 34 of IPC are quashed. iii. Pending I.A.No.1/2023 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
TL List No.: 1 Sl No.: 44 Ct:ar