Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 20508 (KAR)

SRI. SANTHOSH KUMAR v. STATE OF KARNATAKA

CRL.P/3543/2022 · 2025-04-25

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17107 CRL.P No. 3543 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3543 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. SANTHOSH KUMAR, AGED ABOUT 33 YEARS, S/O. SRI. BASAVARAJU, 2. SMT. BHAGYA AGED ABOUT 56 YEARS, W/O. SRI. BASAVARAJU, 3. SRI. BASAVARAJU AGED ABOUT 65 YEARS, S/O. SRI. B. BASALINGAPPA, ALL ARE RESIDING AT NO.86, 3RD CROSS, 2ND MAIN, NEAR IIHMR, HULIMANGALA MAIN ROAD, BANGALORE - 560 105. …PETITIONERS (BY SRI. SUBBA REDDY K.N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE - 560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17107 CRL.P No. 3543 of 2022 2. SMT. MANJUSHREE. S WIFE OF SRI. SANTHOSH KUMAR, AGED ABOUT 30 YEARS, RESIDING AT NO. 86, 3RD CROSS, 2ND MAIN, NEAR IIHMR, HULIMANGALA MAIN ROAD, BANGALORE - 560 105. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. KASHINATH J.D, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED IN CR.NO.76/2022 DATED 14.03.2022 BY THE RESPONDENT POLICE FOR ALLEGED OFFENCES P/U/S 498A, 324, 506 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT VIDE ANNEXURE-A AND B, PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., ANEKAL, BENGALURU RURAL DISTRICT AND ALLOW THIS CRL.P. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Registration of FIR in Crime No.76/2022 of Hebbagodi Police Station, Bangalore District and the consequent proceedings initiated against the petitioners for the offences punishable under Section 506, 498A, 324 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961, is sought to be quashed in this petition preferred under Section 482 of Cr.P.C. - 3 - NC: 2025:KHC:17107 CRL.P No. 3543 of 2022 2. Respondent No.2 is the defacto complainant who set the law into motion, on the basis of which, aforementioned case was registered against her husband and his parents. 3. Petitioners as well as respondent No.2 are present before the Court and they are identified by their respective learned counsel. 4. An application under Section 482 read with 320 of Cr.P.C is filed reporting settlement and to allow the parties to effect compromise. It is stated that at the intervention of mediators and well wishers, the parties have reached an amicable settlement and agreed to compromise the case and respondent No.2 has reconciled with petitioner No.1 and they are living together for the past 13 months. 5. Respondent No.2 submits that there is no coercion or any kind of influence by any body and she has resolved the dispute and living with her husband. 6. Matter arises out of matrimonial dispute, wherein the parties have resolved the dispute and living together. - 4 - NC: 2025:KHC:17107 CRL.P No. 3543 of 2022 7. 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. Further, 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. 8. 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. - 5 - NC: 2025:KHC:17107 CRL.P No. 3543 of 2022 9. In view of the above, it is just and appropriate to quash the pending case against the petitioners, in the interest of justice. Accordingly, the following: ORDER i. Petition is allowed. ii. The entire proceeding arising out of Crime No.76/2022 of Hebbagodi Police Station, Bangalore District, pending in CC.No.5887/2022 on the file of II Additional Civil Judge, J.M.F.C, Anekal, Bangalore Rural District is hereby quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 1 CT: BHK