- 1 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4933 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. KISHORE P., S/O PUTTACHANNAPPA, AGED ABOUT 31 YEARS, OCC: SUB-INSPECTOR OF POLICE, DHARMASTHALA, DAKSHINA KANNADA DISTRICT, KARNATAKA – 574 216. 2. PUTTACHANNAPPA S/O DODDACHANNAPA AGED ABOUT 56 YEARS OCC: BUSINESS, 374/14, 4TH CROSS, PATEL CHANNAPPA BADAVANE, NELAMANGALA, BANGALORE RURAL, KARNATAKA – 562 123 3. SARASWATHAMMA W/O PUTTACHANNAPPA, AGED ABOUT 51 YEARS, OCC: HOUSEWIFE, 374/14, 4TH CROSS, PATEL CHANNAPPA BADAVANE, NELAMANGALA, BANGALORE RURAL, KARNATAKA – 562 123 4. CHANDAN P., S/O PUTTACHANNAPA, AGED ABOUT 30 YEARS, OCC: BUSINESS 374/14, 4TH CROSS, PATEL CHANNAPPA BADAVANE, NELAMANGALA, BANGALORE RURAL, KARNATAKA – 562 123. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 PETITIONER NO. 2 TO 4 ARE THE PERMANENT RESIDENTS OF 374/14, 4TH CROSS, PATEL CHANNAPPA BADAVANE, NELAMANGALA, BANGALORE RURAL, KARNATAKA – 562 123. …PETITIONERS (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DHARMASTHALA POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE – 560 001 2. VARSHA @ INCHARA, W/O KISHORE P., AGED ABOUT 27 YEARS, #39, 1ST MAIN ROAD, 2ND CROSS ROAD, MANSANAGARA, TEACHERS COLONY, NAGARBHAVI CIRCLE, BENGALURU CITY, KARNATAKA – 560 072 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SRI. ABHISHEK KUMAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION BY QUASHING THE FIR PENDING AGAINST THE PETITIONER NO.1 TO 4, WHO ARE ACCUSED NO.1 TO ACCUSED NO.4 IN CR.NO.12/2025 ON THE FILE DHARMASTHALA POLICE STATION, FOR OFFENCE PUNISHABLE UNDER SECTION 109, 115(2), 118(1), 3(5), 351(2), 351(3), 352, 85 OF BNS AND SEC. 3 AND 4 OF D.P. ACT, 1961. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 ORAL ORDER In this petition, petitioner has sought for the following relief:- “ a) Call for the relevant records; b) Allow this Criminal Petition by quashing the FIR proceedings No.1 pending against the petitioner No.1 to 4, who are Accused No.1 to Accused No.4 in Crime No.12/2025 registered by Dharmasthala Police Station, for offences punishable under Sections 109, 115(2), 118(1), 3(5), 351(2), 351(3), 352, 85 of BNS and Sections 3 and 4 of Dowry Prohibition Act, 1961 pending on the file of Additional Civil Judge and JMFC Belthangady, Dakshina Kannada, in the interest of justice and equity. 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 the petitioners – accused Nos.1 to 4 and learned counsel for 2nd respondent – complainant have filed an application under Section 359 read with Section 528 of BNSS, 2023 for compounding of offences along with Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. - 4 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 3. Petitioners – accused Nos.1 to 4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application under Section 359 read with 528 of BNS along with Joint Affidavit, which reads as under:- “Application under Section 359 read with Section 528 of BNS, 2023 for compounding of offences For the reasons stated in the accompanying affidavit, it is respectfully prayed that this Hon’ble Court may be pleased to allow the parties to settle the dispute in terms of the settlement agreed by them and quash FIR and complaint in Crime No.12/2025 for offences punishable under Sections 85, 109, 115(2), 118(1), 351(2), 351(3), 352, 3(5) of BNS and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of Additional Civil Judge and JMFC Court, Belthangady, Dakshina Kannada, in the interest of justice. JOINT AFFIDAVIT We, Petitioner No.1: Kishore P., Petitioner No.2: Puttachennappa, Petitioner No.3: Saraswathamma, and Petitioner No.4: Chandan P., all residing at #374/14, 4th Cross, Patel Channappa Badavanie, Nelamangala, Bengaluru Rural, Karnataka – 562 123 today at Bengaluru and Respondent No.2 Varsha @ Inchara residing at #39, 1st Main Road, 2nd Cross Road, Manasanagara, Teachers Colony, Nagarabhavi Circle, Bengaluru City, Karnataka today at Bengaluru do hereby affirm and state on oath as under: - 5 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 1. We, the Petitioners and Respondent No.2 are deposing this affidavit today in the above- mentioned case and we are well aware of the facts and circumstances of the case and we are competent to swear to this affidavit. 2. We state that the averments made in the Memorandum of Petition may be treated as party and parcel of this affidavit in order to avoid brevity and circumlocution. 3. We state that, the Petitioners has filed the above petition Under Section 528 of the Bharatiya Nagarika Suraksha Sanhita, 2023 with aprayer to quash the FIR and Complaint in Crime No.12/2025 for the offences punishable under sections 85, 109, 115(2), 118(1), 351(2), 351(3), 352, 3(5) of BNS and Sections 3 & 4 of Dowry Prohibition Act, pending on the file of Addl. Civil Judge & JMFC Court, Belthangady, Dakshina Kannada, we state that the Respondent No.2 wife of Petitioner No.1. The Respondent No.2 has also agreed to co- operate with the Petitioner No.1 in closing the Departmental Enquiry initiated by the concerned Department. 4. We state that, we are willing to settle/compound the offences and the Respondent No.2 shall withdraw the allegation against the Petitioners. Subsequently, to facilitate the said settlement, - 6 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 the Petitioners and Respondent No.2 have amicably settled the dispute out of court and on the advice of well-wishers, elders and parents. With respect to the settlement, the Petitioner and Respondent No.2 agree that the list of ornaments and articles mentioned in the table below are exchanged between the parties (gold ornaments and silver articles).” List of Ornaments and articles which were in possession of Respondent No.2 have been over to Petitioners: Sl.No. Particulars No. 1. Gold Bracelet 1 2. Gold Nose Ring 1 3. Silver Toe Ring 4 4. Silver Bowls 5 List of Ornaments and articles which were in possession of Petitioners have been handed over to Respondent No.2: Sl. No. Particulars No. GOLD ORNAMENTS 1. Long Gold Chain 2 2. Gold Necklace 2 3. Mati Jumki 3 Set 4. Gold Bangles 4 5. Hara/Dabu 1 6. Gold Watch 1 7. Tolu Bandi 1 8. Laxmi Kasina Taali 1 9. Mens Bracelet 1 10. Mens Chain 1 11. Finger Ring 2 - 7 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 12. Watches (Titan + Armani) 2 SILVER ARTICLES 13. Large Silver Plate 1 14. Silver Chombu 1 15. Silver Deepa 5 16. Silver Anklet 1 Set 17. Silver Idol of Raghavendra Swamy God 1 Further, we state that we are not ready and not willing to proceed with the captioned case filed against each other. 5. We state that, the Petitioner No.1 and Respondent No.2 shall file a joint petition under Section 13B of the Hindu Marriage Act, 1955, seeking a decree of divorce by mutual consent. We further state that we have settled all our issues peacefully and have decided to separate in a respectful way, without any anger or bad feelings between us. We agree that the final settlement has been made lawfully, and there are no remaining disagreements. We both understand and accept this decision and have no ill will toward each other. 6. We state that there is no coercion, undue influence or force from anybody upon us to file this affidavit and the Respondent No.2/Complainant wilfully has given consent to quash the FIR and Complaint in crime - 8 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 No.12/2025 for the offences punishable under sections 85, 109, 115(2), 118(1), 351(2), 351(3), 352, 3(5) of BNS and Sections 3 & 4 of Dowry Prohibition act, pending on the file of Addl. Civil Judge and JMFC Court, Belthangady, Dakshina Kannada against the Petitioners, which was registered by the Respondent No.2 which is the subject matter of this Criminal petition. Wherefore, we humbly pray that this Hon’ble Court may be pleased to accept the joint affidavit and to allow the IA for compounding/settlement of the offences and allow the above said Criminal Petition to quash the FIR and Complaint in crime No.12/2025 for the offences punishable under sections 85, 109, 115(2), 118(1), 351(2), 351(3), 352, 3(5) of BNS and Sections 3 & 4 of Dowry Prohibition act, pending on the file of Addl. Civil Judge and JMFC Court, Belthangady, Dakshina Kannada, in the interest of justice. Whatever is stated in Para No.1 to 6 of this affidavit is true to the best of our knowledge, belief and information. This is our true name and signatures.” - 9 - HC-KAR NC: 2025:KHC:23139 CRL.P No. 4933 of 2025 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of application under Section 359 read with 528 of BNS along with Joint Affidavit dated 30.06.2025. (ii) The Complaint / FIR in Crime No.12/2025 dated 31.03.2025 of Dharmasthala Police Station registered for the offences punishable under Sections 85, 109, 115(2), 118(1), 351(2), 351(3), 352, 3(5) of BNS and Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of the Additional Civil Judge and JMFC Belthangady, Dakshina Kannada, in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 12 Sl No.: 1