- 1 - HC-KAR NC: 2025:KHC:23728 CRL.P No. 4352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4352 OF 2025 BETWEEN: 1. SRI. JAGADISH C.S. S/O LATE SRINIVAS C.T., AGED ABOUT 32 YEARS, R/AT NO.399, 1ST FLOOR, 12TH MAIN ROAD, 8TH CROSS, BANASHANKARI 3RD STAGE, BENGALURU - 560085. 2. SMT. JAYALAKSHMAMMA W/O LATE SRINIVAS C.T., AGED ABOUT 58 YEARS, R/AT CHANDRASHEKARPURA VILLAGE, GUBBI TALUK, TUMKUR DISTRICT, KARNATAKA, PIN-572213. …PETITIONERS (BY SRI. HANUMESH H.N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN PS, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SMT. ANUSHREE M. W/O JAGADEESH C.S., AGED ABOUT 24 YRS, RESIDING AT NO.109, ANUGRAHA NILAYA, 5TH CROSS, 7TH MAIN, SHRINIVASANAGARA, BANASHANKARI 1ST STAGE, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23728 CRL.P No. 4352 of 2025 BENGALURU CITY, KARNATAKA - 560050. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR RESPONDENT NO.1; SRI. NAGAIAH, ADVOCATE FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO CALL FOR THE RELEVANT RECORDS AND SET ASIDE THE ORDER DATED 18.03.2023 PASSED BY THE COURT OF XXXVII ACMM, BANGALORE, THEREBY TAKING COGNIZANCE IN C.C.NO.7161/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 504 READ WITH SECTION 34 OF IPC, 1860 AND SECTION 4 OF THE DOWRY PROHIBITION ACT, 1961 AND CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS PENDING THEREON, NOW TRANSFERRED TO XXIV ACJM, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “a) Call for the relevant records; b) Set aside the order dated 18.03.2023 passed by the Court of XXXVII ACMM, - 3 - HC-KAR NC: 2025:KHC:23728 CRL.P No. 4352 of 2025 Bangalore, thereby taking cognizance in C.C.No.7161/2023 for the offences punishable under Sections 498A and 504 r/w Sec 34 of IPC, 1860 and Sec 4 of the Dowry Prohibition Act, 1961, and consequently, quash the entire proceedings pending thereon, now transferred to XXIV ACJM, Bangalore; and c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for petitioners and learned counsel for respondent No.2 have filed an Application – I.A No.1/25 dated 02.07.2025 under Section 320 read with Section 482 of the Code of Criminal Procedure, 1973 (under Section 359 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) ) along with a Joint Affidavit dated 02.07.2025 duly signed by petitioner No.1 and respondent No.2 and wherein petitioner No.2 has affixed her left thumb mark, and the same are taken on record. 3. Petitioners and respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the Application under Section 320 read with Section - 4 - HC-KAR NC: 2025:KHC:23728 CRL.P No. 4352 of 2025 482 of Cr.P.C (under Section 359 read with Section 528 of BNSS, 2023) and the Joint Affidavit, which read as under:- “APPLICATION FILED UNDER SECTION 320 READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (UNDER SECTION 359 READ WITH SECTION 528 OF BNSS, 2023) That for the reasons sworn to in the accompanying joint affidavit, the Petitioners and the Respondent No.02 most humbly pray that this Hon'ble Court may kindly be pleased to compound the offences punishable under Sections 498A, 504 r/w 34 of IPC, 1860 and Sections 4 of the Dowry Prohibition Act, 1961 in Crime No.360/2022 and CC No.7161/2023, pending on the file of XXXVII ACMM, Bangalore, now transferred to XXIV ACJM, Bangalore, and subsequently quash the entire criminal proceedings in the interest of justice and equity." "JOINT AFFIDAVIT We, Jagadish C S, S/o Late Srinivas C T, Aged about 32 years, R/at No.399, 1st Floor, 12th Main Road, 8th Cross, Banashankari 3rd Stage, Bengaluru-560085; and; Jayalakshmamma, W/o Late Srinivas C T, Aged about 58 Years, R/at Chandrashekarpura Village, Gubbi Taluk, Tumkur District, Karnataka, Pin-572213 - 5 - HC-KAR NC: 2025:KHC:23728 CRL.P No. 4352 of 2025 and; Anushree M, D/o Manjunath T, Aged About 29 Yrs, Residing at No.109, Anugraha Nilaya, 5th Cross, 7th Main, Shrinivasanagara, Banashankari 1st Stage, Bengaluru City, Karnataka-560050, also residing at No. 510, 4th Main, Bramhaputra River Road, Gavipuram Extension, Bangalore, Karnataka, and we do hereby declare and state on oath as follows: 1. That we are the Petitioners and the Respondent No.2 / Original Complainant in the aforesaid case and we are aware of the facts and circumstances of the case. Hence we are swearing to this affidavit. 2. It is submitted that on the basis of a complaint lodged by the Original Complainant/Respondent No.2 against the Petitioners, the Respondent Police have registered Cr.No.360/2022 on 17.12.2022 and taken up investigation. After completion of investigation, the Respondent Police have filed charge sheet against the Petitioner on 17.03.2023, for offences punishable under Sections 498A, 504 r/w 34 of IPC, 1860 and Sections 4 of the Dowry Prohibition Act, 1961. After perusing the records, the Learned XXXVII ACMM, Bangalore, has taken cognizance for the aforesaid offences against the Petitioners in C.C. No.7161/2023, on 18.03.2023. The instant criminal petition is filed challenging the order of cognizance and subsequently the entire proceedings in C.C. No.7161/2023, now transferred to XXIV ACJM, Bangalore. - 6 - HC-KAR NC: 2025:KHC:23728 CRL.P No. 4352 of 2025 3. It is submitted that the instant complaint was filed due to some misconception of facts and differences between the Petitioners and Respondent No.2, which has culminated into the aforesaid case before the Learned Magistrate. Furthermore, Petitioner No.01 and the Respondent No.02 had filed MC No. 7935/2024, before the V Addl. Principal Judge Family Court, Bangalore, for a Divorce by mutual consent, which now is decreed for divorce by mutual consent on 07.01.2025. 4. It is further submitted that the parties during the pendency of the instant Petition, at the instance of decree of Matrimonial Case with divorce by mutual consent, have arrived at a compromise and settled the dispute amicably. They have resolved all disputes between themselves 5. It is submitted that none of the offences are punishable with death or imprisonment for life, and are compoundable in nature, It was purely family and matrimonial dispute between the parties, which will have no impact on the society. Therefore, this Hon'ble Court may be pleased to look into its impact on the society and permit the parties to compromise the matter and consequently quash the entire proceedings in C.C. No.7161/2023. WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to compound the offences punishable under Sections 498A, 504 r/w 34 of IPC, 1860 and Sections 4 of the Dowry Prohibition Act, 1961 in Crime no. 360/2022 and CC No. 7161/2023, pending on the - 7 - HC-KAR NC: 2025:KHC:23728 CRL.P No. 4352 of 2025 file of XXXVII ACMM, Bangalore, now transferred to XXIV ACJM, Bangalore, and subsequently quash the entire criminal proceedings in C.C. No.7161/2023, in the interest of justice and equity." 4. In view of the aforesaid settlement entered into between the petitioners and the respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of the Joint Application filed under Section 320 read with Section 482 of the Code of Criminal Procedure, 1973 (under Section 359 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and Joint Affidavit, both dated 02.07.2025. (ii) The proceedings in C.C No.7161/2023 (arising out of Crime No.360/2022 of respondent No.1 – Police) registered for the offences punishable under Sections 498A and 504 read with Section 34 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961, pending on the file of XXIV Additional Chief Judicial Magistrate, - 8 - HC-KAR NC: 2025:KHC:23728 CRL.P No. 4352 of 2025 Bengaluru, insofar as the petitioners/accused Nos.1 and 2 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 2 Sl No.: 111