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2025 DAILYLAW 28112 (KAR)

RANJITH KUMAR HARIDAS v. STATE OF KARNATAKA

CRL.P/7615/2021 · 2025-02-07

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:5722 CRL.P No. 7615 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7615 OF 2021 (482(Cr.PC)) BETWEEN: 1. RANJITH KUMAR HARIDAS AGED ABOUT 35 YEARS, S/O BHASKAR HARIDAS, 2. BHASKAR AGED ABOUT 68 YEARS, S/O S N V GEETHADAS, 3. SMT. KALYANI AGED ABOUT 57 YEARS, W/O BHASKAR HARIDAS, PETITIONER NO.1 TO 3 ARE R/AT NO.657-7-8, SRI GANESH KRUPA, HONNANAKERI ROAD, VODERA HOBLI, KUNDAPURA TALUK, UDUPI DIST.-576 201. 4. SMT. RESHMA W/O N UDAYA, AGED ABOUT 37 YEARS, R/AT NERAMBALLI MATA, HANGALOOR, KUNDAPURA TQ, UDUPI-576 217. …PETITIONERS (BY SRI. PRASAD HEGDE K., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5722 CRL.P No. 7615 of 2021 AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, BANGALORE-560 004. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. VARSHA R NAIK W/O RANJITH KUMAR HARIDAS AGED ABOUT 28 YEARS, NO.1541/25-1, 16TH MAIN, 18TH CROSS, M.C. LAYOUT, VIJYANAGAR, BANGALORE-560 040. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R-1; SRI. H. SUNIL KUMAR, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED 02.08.2021, IN C.C.NO.21142/2021 FILED FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A OF IPC AND SECTION 3 AND 4 OF DP ACT, PENDING BEFORE THE 37TH ADDL. CMM COURT AT BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:5722 CRL.P No. 7615 of 2021 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition seeking quashing of the charge sheet arises out of a matrimonial dispute. The police have filed the charge sheet for offences punishable under Section 498A of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. Case is pending before the 37th Additional CMM Court, Bengaluru, in C.C.No.21142/2021. 2. Petitioners are the husband and in-laws of respondent No.2/complainant. Petitioner No.1 and respondent No.2 are present before the Court. 3. A joint memo has been filed, signed by petitioner No.1 and respondent No.2, wherein it is stated that Crl.Misc.No.60/2021 filed before the V MMTC, Bengaluru and MC No.3039/2023 filed before the II Additional Family Court, Bengaluru, are closed. As per the joint memo, respondent No.2 herein has agreed to - 4 - NC: 2025:KHC:5722 CRL.P No. 7615 of 2021 quash C.C.No.21142/2021 pending before the 37th Additional CMM Court at Bengaluru. The joint memo reads as under: 1. That 2nd respondent has no objection to quash the charge sheet in No.21142/2021 filed against the petitioners herein pending before 37th Additional CMM Court at Bengaluru. 2. The 1st petitioner herein is agreed to pay a sum of Rs.35 lakhs which was the amount paid by the 2nd respondent towards the purchase of joint property bearing No.Berings Gade 10 ST TV, Hoje Taastrup 2630 Denmark. 3. The 1st petitioner herein handed over all the gold jewels belonging to the 2nd respondent and 2nd respondent has also handed over the gold jewellery of the 1st petitioner. 4. Both parties are agreed to withdraw the case in Denmark in case no.BS-26175/2023-GLO in respect of joint property in Denmark. 5. The 2nd respondent has agreed to return the house key to the 1st petitioner herein in respect of the joint property situated at Berings Gade 10 ST TV, Hoje Taastrup 2630 Denmark. - 5 - NC: 2025:KHC:5722 CRL.P No. 7615 of 2021 6. Both the parties have no claims against each other in respect of any property or any claim either in Denmark or in India. 7. The 2nd respondent has agreed not to claim any alimony or maintenance from the 1st petitioner either in the present or future and both have no claims against each other. 8. The 1st Petitioner has issued a DD bearing no.514843 of ICICI Bank dated 31/01/2025 for a sum of Rs.35 Lakhs which is in the custody of the 5th MMTC Court at Bangalore and the same shall be honoured and given to the custody of the 2nd respondent after settlement of all the cases. 9. Both the parties agree that a decree of divorce is already granted by the Court in Denmark. 4. The Hon'ble Supreme Court in the case of JITENDRA RAGHUVANSHI AND OTHERS VS. BABITA RAGHUVANSHI AND ANOTHER reported in 2013 (2) Crimes 90 (SC) has held that, the inherent powers of the High Court under Section 482 of Criminal Procedure Code are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, - 6 - NC: 2025:KHC:5722 CRL.P No. 7615 of 2021 particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR. 5. In the case of B.S.Joshi vs. State of Haryana 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 a compromise is entered into between the parties who are willing to settle their differences amicably. 6. In view of the settlement arrived at by the parties and in the light of the joint memo filed by them, there is no purpose in keeping the proceedings pending before the trial Court. This Court finds that the settlement - 7 - NC: 2025:KHC:5722 CRL.P No. 7615 of 2021 is genuine and therefore, to meet the ends of justice, it is just and proper to quash the entire proceedings pending against the petitioners. Accordingly, the following: ORDER 1. Petition is allowed. 2. The proceedings/charge sheet in C.C.No.21142/2021 pending before the 37th Additional CMM Court, Bengaluru, is hereby quashed. 3. Pending I.A.1/2023 stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 2 Sl No.: 2 Ct:ar