- 1 - NC: 2025:KHC:16703 CRL.P No. 3913 of 2021 C/W CRL.P No. 3907 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3913 OF 2021 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 3907 OF 2021 (482(Cr.PC) / 528(BNSS)) IN CRL.P No. 3913/2021 BETWEEN: 1. SRI. ANILESH KUMAR SHARMA, S/O. DESH RAJ SHARMA, AGED ABOUT 58 YEARS 2. SMT. SHANTI SHARMA, W/O ANILESH KUMAR SHARMA, AGED ABOUT 57 YEARS, 3. JYOTSNA SHARMA, D/O ANILESH KUMAR SHARMA, AGED ABOUT 38 YEARS, ALL ARE PERMANENT R/OF DIVYA JYOTI BHAWAN NORTH OAK, SANJAULI TEHSIL, PRAGPUR, KANGRA, HIMACHAL PRADESH - 177 107. …PETITIONERS (BY SRI. JAVEED S, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:16703 CRL.P No. 3913 of 2021 C/W CRL.P No. 3907 of 2021 AND: 1. STATE BY ANEKAL SUB DIVISION, JIGANI POLICE, BANGALORE DISTRICT, REPT. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SMT. PANKAJ KASHYAP, W/O. DIVYANSH SHARMA, AGED ABOUT 30 YEARS, R/AT NO.H-104, WOODLAND HEIGHTS, 10TH FLOOR, BOMMAS ANDRA JUGANI, LINK ROAD, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 560 099. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. P.V. KALPANA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY THE RESPONDENT POLICE IN CR.NO.65/2021 FOR THE OFFENCE P/U/S 498A OF IPC, PENDING BEFORE THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C. COURT, ANEKAL, BENGALURU, WHICH IS MARKED AS ANNEXURE-A. IN CRL.P NO. 3907/2021 BETWEEN: SRI. DIVYANSH SHARMA, S/O ANILESH KUMAR SHARMA, AGED ABOUT 32 YEARS, R/AT NO.H-104, WOODLAND HEIGHTS, 10TH FLOOR, BOMMAS ANDRA JUGANI, LINK ROAD, JIGANI HOBLI, ANEKAL TALUK, - 3 - NC: 2025:KHC:16703 CRL.P No. 3913 of 2021 C/W CRL.P No. 3907 of 2021 BANGALORE DISTRICT - 560 099. ...PETITIONER (BY SRI. JAVEED S, ADVOCATE) AND: 1. STATE BY ANEKAL SUB DIVISION JIGANI POLICE, BANGALORE DISTRICT, REPT. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SMT. PANKAJ KASHYAP W/O DIVYANSH SHARMA AGED ABOUT 30 YEARS R/AT NO.H-104, WOODLAND HEIGHTS, 10TH FLOOR, BOMMAS ANDRA JUGANI, LINK ROAD, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 560 099. ...RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. P.V. KALPANA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY THE RESPONDENT POLICE IN CR.NO.65/2021 FOR THE OFFENCE P/U/S 498A OF IPC, PENDING BEFORE THE LEARNED ADDL.CIVIL JUDGE (JR.DN) JMFC COURT, ANEKAL, BENGALURU WHICH IS MARKED AS ANNEXURE-A THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 4 - NC: 2025:KHC:16703 CRL.P No. 3913 of 2021 C/W CRL.P No. 3907 of 2021 ORAL ORDER Crl.P.No.3907/2021 is preferred by accused No.1 and Crl.P.No.3913/2021 is preferred by accused Nos.2 to 4 respectively. 2. On a complaint lodged by respondent No.2, case in Crime No.65/2021 was registered at Jigani Police Station, Bangalore for an offence punishable under Section 498A of IPC against the petitioners, namely the husband and in-laws of respondent No.2. 3. Petitioners are seeking to quash the FIR and the entire proceedings pending before the learned Additional Civil Judge (Jr.Dn), J.M.F.C Court, Anekal, Bangalore. 4. The matter arises out of a matrimonial dispute. Respondent No.2/defacto complainant is present through video conference and petitioner No.1 is physically present before the Court. They submit that the matter has been amicably settled and therefore, respondent No.2 is not - 5 - NC: 2025:KHC:16703 CRL.P No. 3913 of 2021 C/W CRL.P No. 3907 of 2021 interested in continuing the criminal proceedings initiated against the petitioners. 5. An application under Section 320 of the Code of Criminal Procedure, 1973 is filed along with an affidavit of respondent No.2. It is stated that due to the intervention of elders and well wishers and in terms of the compromise entered between them in HMA.No.844/2024 on the file of the Court of Additional District Judge, Chandigarh, respondent No.2 has given consent for quashing of the criminal proceedings pending against the petitioners. 6. The contents of the applications are extracted hereunder: "1. The petitioner herein has filed the present Criminal Petition praying before this Hon'ble Court, Quash the F.I.R registered by the respondent police In Crime No. 0065/2021 for the offence punishable U/S 498(a) of I.P.C, pending before the Learned Addl. Civil Judge (Jr. Dn.) JMFC Court, Anekal, Bangalore, which is marked as Annexure-A, 2. The complainant who is respondent No.2 herein on 25-03-2021 had lodged a complaint before the respondent police stating that the respondent No.2 and petitioner has married two years back i.e., 09-02-2019 in Chandigarh. After marriage they came to Bangalore - 6 - NC: 2025:KHC:16703 CRL.P No. 3913 of 2021 C/W CRL.P No. 3907 of 2021 as the petitioner was working in Bangalore. The said marriage was a arrange one with the well wishes of family members and friends. It is further alleged that the petitioner has suppressed the fact that he had habit of drinking and smoking. It is alleged that after drinking the petitioner used to quarrel with the respondent No. 2/complainant and beat her. It is further alleged that the petitioner used to harass her mentally, emotionally, physically and financially. 3. The respondent police on receipt of the said complaint registered an F.I.R in Crime No.0065/2021 on 25-03-2021 for the offence punishable U/S 498(a) of I.P.C. against the present petitioner herein. 4. The respondent No.2/complainant and petitioner herein has entered into compromise in HMA No.844/2024 pending before the court of the SH. Puneet Mohan Sharma Addl., District Judge, Chandigarh. Where in the petitioner/Husband will pay a total sum of Rs.20,00,000/- (Rupees, twenty lakhs only) as a full and final settlement of past, present and future alimony. A sum of Rs. 10,00,000/- (Rupees ten lakhs only) is being paid vide demand draft No.883484 dated 21-09-2024 drawn at Punjab National Bank, Paragpur Branch, Himachal Pradesh. The balance will be paid after withdrawing the present criminal petition. 5. The petitioner and respondent No. 2 have entered this compromise out of their own free will and volition without there being any misrepresentation, undue influence or coercion and in proper state of mind." 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 - 7 - NC: 2025:KHC:16703 CRL.P No. 3913 of 2021 C/W CRL.P No. 3907 of 2021 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. 9. In view of the settlement and in the light of the above decisions of the Hon'ble Apex Court, the ends of - 8 - NC: 2025:KHC:16703 CRL.P No. 3913 of 2021 C/W CRL.P No. 3907 of 2021 justice would be met, if the proceedings against the petitioners are quashed. Accordingly, the following: ORDER i. Petitions are allowed. ii. The entire proceedings arising out of Crime No.65/2021 registered for the offence punishable under Section 498A of IPC, pending before the learned Additional Civil Judge (Jr.Dn), J.M.F.C Court, Anekal, Bangalore is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 14 CT: BHK