Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:15044 CRL.P No. 5849 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5849 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
BHARATH SAMRAT S S/O NARAYAN SWAMY P, AGED ABOUT 30 YEARS, R/A #36/7, 4TH FLOOR, ACHYUTHANILAYA, J C LAYOUT, SARJAPUR ROAD, ATTIBELE, BANGALORE-562 107.
2.
NARAYAN SWAMY S/O PILLAIAH, AGED ABOUT 59 YEARS,
3. LEELAVATHI W/O NARAYANA SWAMY, AGED ABOUT 50 YEARS,
BOTH RESIDING AT R/A #2, TIMMARAYASWAMYNILAYA, 1ST FLOOR, SAI LAYOUT, SARJAPUR ROAD, ATTIBELE, BENGALURU-562 107. …PETITIONERS
(BY SRI. RAKSHITH R, ADVOCATE)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:15044 CRL.P No. 5849 of 2022
AND:
1.
STATE OF KARNATAKA STATE BY ATTIBELE PS REP BY SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE-560 001.
2.
SMT. MANJULA W/O BHARATH SAMRAT S, AGED ABOUT 30 YEARS, R/AT NO.25, SOWBHAGYA NILAYA, BORA LAYOUT, BANNERUGHATTA ROAD, BANGALORE-560 076. …RESPONDENTS
(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1;
SRI. R. RAVI, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE F.I.R. DATED 04.05.2022 REGISTERED AGAINST THE PETITIONERS IN CR.NO.152/2022 OF ATTIBELE POLICE STATION PENDING ON THE FILE OF ADDL. CIVIL JUDGE (Jr.Dn) AND JMFC, ANEKAL, BANGALORE RURAL DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 AND 4 OF D.P. ACT AND SECTION 48A, 504, 324 READ WITH 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 3 -
NC: 2025:KHC:15044 CRL.P No. 5849 of 2022
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
FIR registered against the petitioners in Cr.No.152/2022 of Attibele Police Station, Bengaluru District, for offence punishable under Section 3 and 4 of the Dowry Prohibition Act, 1961 and Section 498A, 504, 324 r/w 34 IPC is challenged in this petition.
2. Petitioners are the husband and parents-in-law of respondent No.2-complainant. The matter arises out of a matrimonial dispute, wherein it is alleged that, marriage of respondent No.2 with accused No.1 took place on 28.2.2019 /1.3.2019 and at the time of marriage, accused demanded and accepted dowry and subsequent to marriage they subjected the complainant to cruelty in connection with dowry etc.
3.
Learned counsel appearing for the petitioners as well as respondent No.2 submitted that the dispute has
- 4 -
NC: 2025:KHC:15044 CRL.P No. 5849 of 2022
been settled between the parties and the marriage of respondent No.2 solemnized with accused No.1 has been dissolved in MC No.40/2023 by the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.
4. Petitioners as well as respondent No.2 are present before the Court and are identified by their respective counsel.
5. Respondent No.2 submits that she has resolved the dispute and in view of settlement, she is not interested in prosecuting her complaint further.
6. Memorandum of compromise petition was filed by the parties in MC No.40/2023. In the said compromise petition, respondent/complainant has agreed to co-operate for the disposal of the case in Cr.No.152/2022, registered in Attibele Police Station against the petitioners herein.
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
- 5 -
NC: 2025:KHC:15044 CRL.P No. 5849 of 2022
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. It is further held that the 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 between parties, continuation of proceedings against the petitioners is a
- 6 -
NC: 2025:KHC:15044 CRL.P No. 5849 of 2022
futile exercise as no purpose will be served. Accordingly, the following:
ORDER
i. Petition is allowed.
ii. The entire proceedings arising out Cr.No.152/2022 of Attibele Police Station against the petitioners stand quashed.
iii. I.A.No.1/2023 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
TL List No.: 1 Sl No.: 11 Ct:ar