- 1 - NC: 2025:KHC:13015 CRL.P No. 4187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4187 OF 2025 BETWEEN: ANKUSH SABHARWAL S/O GURUCHARAN SINGH SABHARWAL, AGED ABOUT 43 YEARS, RESIDING AT A-502, NANDI WOODS APARTMENT, TEJASHWINI NAGAR, B.G. ROAD, BENGALURU-560 076. …PETITIONER (BY SRI. ANAND MUTTALLI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HULIMAVU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. PALLAVI SABHARWAL W/O ANKUSH SABHARWAL, AGED ABOUT 41 YEARS, R/AT 806, ARJUN NAGAR, BHISHAM PITAMA MARGH, NEW DELHI-110 003. …RESPONDENTS (BY SRI. M.N. ANOOP KUMAR, HCGP FOR R1; SRI. NAGARAJ DAMODAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN S.C.NO.1139/2018 (ANNEXURE-A) FOR THE OFFENCES P/U/S 498A AND 307 OF Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13015 CRL.P No. 4187 of 2025 IPC, 1860, PENDING ON THE FILE OF THE HON'BLE 45TH ADDITIONAL CITY CIVIL AND SESSIONS COURT AT BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1-State. 2. Sri Nagaraj Damodar, learned counsel files vakalath on behalf respondent No.2, and the same is placed on record. 3. The petitioner-accused who is facing trial for the offences under Section 498A and 307 of IPC is before this Court seeking relief. 4. The prosecution alleges that the petitioner-accused No.1 who is the husband of the defacto-complainant subjected her to cruelty, both, mentally and physically and also attempted to kill her by hitting her with a steel rod on her thighs. 5. The parties are present before this Court, and have filed an application for compounding, stating that, they have amicably resolved the dispute among themselves, before the Delhi High Court at Mediation, and Conciliation Centre and as per the settlement, the petitioner and respondent No.2 defacto- complainant have agreed to dissolve their marriage mutually. The petitioner has agreed to pay a sum of Rs.22,50,000/-to the - 3 - NC: 2025:KHC:13015 CRL.P No. 4187 of 2025 respondent No.2-defacto complainant towards permanent alimony and maintenance of the child, and the respondent No.2-defacto-complainant who is present before this Court have agreed to withdraw all the allegation, and has no objection for quashing the impugned proceedings. 6. The petitioner who is present before this Court has handed over a Demand Draft for a sum of Rs.10,00,000/-as the balance payment towards permanent alimony and the receipt of the same is acknowledged by the respondent No.2-defacto- complainant, subject to realization. 7. The application is placed on record. 8. Learned High Court Government Pleader for the respondent-State would submit that the defacto complainant had sustained grievous injuries on the thighs due to the assault made by the petitioner and offence punishable under Section 307 of IPC is punishable with imprisonment upto life, which constitutes a heinous crime against society and is not compoundable. 9. The wound certificate which forms the part of the charge sheet indicated that, the defacto-complainant has sustained simple injuries on the thighs, and the doctor as opined that injuries suffered by the respondent No.2-defacto- complainant are simple in nature. The assault was made on the thighs and not on the vital parts of the body. Therefore, - 4 - NC: 2025:KHC:13015 CRL.P No. 4187 of 2025 the essential elements to constitute the commission of the offence under Section 307 of IPC is conspicuously absent. 10. Though the offence alleged against the petitioner- accused herein is cognizable and non-compoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves, it would be futile, if the petitioner-accused herein is subjected to trial, since the probability of his conviction is remote and bleak, in view of the settlement arrived between them. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in S.C.No.1139/2018, pending on the file of the 45th Additional City Civil and Sessions Court at Bengaluru, insofar it relates to the petitioner herein is hereby quashed. In view of the disposal of the main petition, I.A.No.1/2025 does not survive for consideration and accordingly disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR