- 1 - NC: 2025:KHC:16331 WP No. 5810 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 5810 OF 2023 (GM-RES) BETWEEN: 1. SMT. HEMA ACHARYA AGED ABOUT 63 YEARS, W/O BABURAYA ACHARYA, DESIGNATION: HOUSEWIFE, 2. SRI. BABURAYA ACHARYA AGED ABOUT 75 YEARS, S/O LATE VYASARAYA ACHARYA, BOTH RESIDING AT VYASARAYA, A/16 A4 2ND CROSS, VEIGAS TOWNSHIP, KINIMULKI, UDUPI-576 101. 3. SRI. ASHWIN ACHARYA S/O BABURAYA ACHARYA AGED ABOUT 37 YEARS, R/AT: NO.293/16, 1ST FLOOR (NORTH 1-C) 24TH MAIN, 21ST CROSS, PARANGIPALYA, HSR LAYOUT, SECTOR 2, BANGALORE-560 102. …PETITIONERS (BY SRI. S. RAMA MURTHY, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:16331 WP No. 5810 of 2023 AND: 1. STATE OF KARNATAKA REPRESENTED BY POLICE INSPECTOR, HSR POLICE STATION, BANGALORE-560 102. 2. SMT. SHRUTHI ACHAR AGED ABOUT 34 YEARS, D/O SURESH ACHAR, R/AT: BUILDING NO.168, DOOR NO.21, 2ND FLOOR, SM LAKE PRIDE APTS., 13TH MAIN, 5TH SECTOR, H S R LAYOUT, BANGALORE-560 087. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R-1; SRI. NATARAJ BALLAL, 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 TO QUASH THE COMPLAINT/INFORMATION AT ANNEXURE-C AND THE FIR NO.61/2019 ON THE FILE OF THE POLICE INSPECTOR AT HSR LAYOUT BANGALORE AT ANNEXURE-B AGAINST THESE PETITIONERS BY APPROPRIATE WRIT OR DIRECTION AND QUASH THE COGNIZANCE OF THE OFFENCES BY THE LEARNED 37TH ACMM BANGALORE IN CC NO.17902/2019 AT ANNEXURE- E ORDER DATED 23.07.2019 IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16331 WP No. 5810 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by the accused, praying to quash the entire proceedings in CC No.17902/2019 pending on the file of 37th ACMM, Bengaluru. 2. Complaint is lodged by respondent No.2 against accused Nos.1 to 3 alleging offences punishable under Sections 3 and 4 of the D.P. Act and Section 498A of IPC. The police have filed charge sheet, on completion of investigation. 3. Learned counsel appearing for both the parties submit that the matter has been settled before the Principal Judge, Family Court at Bengaluru in MC No.262/2019, wherein the parties have filed a memorandum of settlement and the learned Judge, accepting the settlement arrived has disposed of the said petition granting a decree of divorce. - 4 - NC: 2025:KHC:16331 WP No. 5810 of 2023 4. The matter arises out of a matrimonial dispute. Petitioners are none other than the husband and in-laws of respondent No.2. In view of the Memorandum of Settlement filed before the Principal Judge, Family Court in MC No.262/2019, the marriage solemnized between accused No.1 and respondent No.2 on 20.8.2014 has been dissolved and a decree of divorce has been granted. It is relevant to extract clause-7 of Memorandum of Settlement, which reads as under: “In view of this settlement the respondent has agreed to co-operate in closing / quashing the proceedings in C.C.No.17902/2019 pending before 37th ACMM, Bengaluru filed against the petitioner, for the offence punishable under Section 498-A, 506 of IPC R/W Section 3 & 4 of D.P. Act and also the respondent agreed to withdraw Crl.Misc 54/2019 pending before 6th MMTC, Bengaluru filed under D.V.Act.” 5. Respondent No.2-defacto complainant who is present before the Court submits that in view of - 5 - NC: 2025:KHC:16331 WP No. 5810 of 2023 settlement, she has no objection to quash the proceedings pending against the petitioners. 6. 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 the 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 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. 7. 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 - 6 - NC: 2025:KHC:16331 WP No. 5810 of 2023 proceedings, where dispute is of a private nature and the compromise is entered into between the parties. 8. In the above facts and circumstances, continuation of proceedings against the petitioners before the trial Court will not serve any purpose and it is just and proper to quash the proceedings to meet the ends of justice. Accordingly, the following: ORDER i. Petition is allowed. ii. The entire proceedings in CC No.17902/2019 pending against the petitioners on the file of 37th ACMM, Bengaluru (now pending before 39th ACMM, Bengaluru) arising out of Cr.No.61/2019 of HSR Layout Police Station, Bengaluru is quashed. iii. I.A.No.1/2024 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 27