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High Court of Karnataka · body

2025 DAILYLAW 24189 (KAR)

SRI VIKAS GANIGER v. STATE OF KARNATAKA

CRL.P/5813/2025 · 2025-05-02

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:17944 CRL.P No. 5813 of 2025 C/W CRL.P No. 6830 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5813 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 6830 OF 2023 (482(Cr.PC) / 528(BNSS)) IN CRL.P No. 5813/2025 BETWEEN: SRI. VIKAS GANIGER, S/O LATE. SHANMUKH GANIGER, AGED ABOUT 37 YEARS, R/AT ABODH-VALMARK APARTMENT, A-BLOCK 201, GOVINDAPURA MAIN ROAD, GOVINDAPURA, ARABIC COLLEGE, BENGALURU - 560 045. PERMANENT RESIDENT OF NO.201, 3RD FLOOR, OM SAI APARTMENT, NEAR VIDYANAGARA, HUBBALLI DHARWAD CITY - 580 021. …PETITIONER (BY SRI. RAJANNA B.C, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BASAVANAGUDI WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, COURT COMPLEX, BENGALURU - 560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17944 CRL.P No. 5813 of 2025 C/W CRL.P No. 6830 of 2023 2. SMT. ANUSHA DINESH, AGED ABOUT 35 YEARS, WIFE OF VIKAS GANIGER, D/O C. DINESH, R/AT NO.36/1, GOWRI NILAYA, 6TH CROSS, SVG NAGAR, MOODALAPALYA, BENGALURU - 560 072 ORIGINAL. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDING IN CRIME NO: 134/2023 OF BASAVANAGUDI WOMEN POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498 (A), 504 OF I.P.C. AND UNDER SECTION 4 OF DOWRY PROHIBITION ACT 1961, AGAINST THE PETITIONER WHICH IS PENDING ON THE FILE OF THE HONBLE 37TH ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU CITY. IN CRL.P NO. 6830/2023 BETWEEN: SMT. ANNAPURNA SHANMUKAPPA, GANIGER, W/O LATE SHANMUKAPPA, AGED ABOUT 62 YEARS, R/AT C/O SHANMUKAPPA, PLOT NO. 44, GOKULAM, NEAR BYPASS, SUBHASH NAGAR, OLD HUBLI, HUBLI, DHARWAD - 580 024. ...PETITIONER (BY SRI. A.V. RAMAKRISHNA, ADVOCATE) - 3 - NC: 2025:KHC:17944 CRL.P No. 5813 of 2025 C/W CRL.P No. 6830 of 2023 AND: 1. STATE BY BASAVANAGUDI WOMEN POLICE STATION, BENGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. ANUSHA DINESH, W/O VIKAS GANIGER, D/O C. DINESH, AGED ABOUT 33 YEARS, R/AT NO. 36/1, GOWRI NILAYA, 6TH CROSS, S.V.G NAGAR, MOODALAPALYA, BENGALURU - 560 072. ...RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; SRI. IMRAN, ADVOCATE FOR SRI.S. GANESH SHENOY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR IN CR.NO.134/2023 OF BASAVANAGUDI WOMEN POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 498A, 504 OF IPC AND U/S 4 OF D.P. ACT, 1961, PENDING ON THE FILE OF 37TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 4 - NC: 2025:KHC:17944 CRL.P No. 5813 of 2025 C/W CRL.P No. 6830 of 2023 ORAL ORDER These two petitions arise out of Crime No.134/2023 of Basavanagudi Women Police Station, Bengaluru City, registered for the offence punishable under Section 498A, 504 of IPC and Section 4 of the Dowry Prohibition Act, 1961. 2. On a complaint lodged by respondent No.2, the aforementioned crime was registered against the petitioners herein, namely her husband and mother-in- law. 3. Petitioner in Crl.P.No.5813/2025 is the husband/accused No.1 and petitioner in Crl.P.No.6830/2023 is the mother-in-law/accused No.2. 4. A joint memo has been filed, wherein it is stated that the parties have compromised the matter and the Family Court has granted divorce on 07.04.2025 in MC.No.2839/2023. - 5 - NC: 2025:KHC:17944 CRL.P No. 5813 of 2025 C/W CRL.P No. 6830 of 2023 5. A copy of the memorandum of settlement filed in MC.No.2839/2023 before the III Additional Principal Judge, Family Court at Bengaluru is furnished. 6. Para '6' of the memorandum of settlement reads as under: "Petitioner has lodged a complaint in FIR No.134/2023 before the Basavanagudi Police Station, Bengaluru, against the respondent and his family members including parents and sibling, in view of the above settlement the petitioner has agreed extend cooperation for closure/quashment of FIR No.134/2023." 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 - 6 - NC: 2025:KHC:17944 CRL.P No. 5813 of 2025 C/W CRL.P No. 6830 of 2023 relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 8. In view of the settlement between the parties, no purpose will be served in continuing the proceedings initiated against the petitioners. Respondent No.2 has agreed to close the FIR registered and she has no objection to quash the proceedings. Hence, the following: ORDER i. Petitions are allowed. ii. The entire proceedings arising out of Crime No.134/2023 of Basavanagudi Women Police Station, Bengaluru City, registered against the petitioners for the offence punishable under Section 498A, 504 of IPC and Section 4 of the Dowry Prohibition Act, 1961, pending on the file of XXXVII Additional Chief Metropolitan - 7 - NC: 2025:KHC:17944 CRL.P No. 5813 of 2025 C/W CRL.P No. 6830 of 2023 Magistrate Court, Bengaluru is hereby quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 4 CT: BHK