- 1 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7836 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. ABHILASH C.V. S/O VASANTH KUMAR C.K., AGED ABOUT 32 YEARS, IN FRONT OF GOVT. HOSPITAL, KONANUR TOWN, ARAKALGUD TQ, R/O 7TH B CROSS, HOUSE NO.10, 1ST FLOOR, GOVINDRAJNAGAR, HASSAN, KARNATAKA. 2. SMT. RATHNA @ KANAKARATHNA W/O VASANTH KUMAR C.K., AGED ABOUT 55 YEARS, 3. SRI. VASANTH KUMAR C.K. S/O KRISHNA KUMAR, AGED ABOUT 62 YEARS, PETITIONER NOS.3 & 4 ARE RESIDING AT IN FRONT OF GOVT. HOSPITAL, KONANUR TOWN, ARKALGUD TALUK, HASSAN-573 130, KARNATAKA. …PETITIONERS (BY SRI. KRISHNA MURTHY N., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 AND: 1. THE STATE OF KARNATAKA BY HASSAN WOMEN POLICE, HASSAN-573 201 REPRESENTED BY PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. MADHURA S.T. W/O ABHILASH C.V., AGED ABOUT 28 YEARS, RESIDING IN FRONT OF GOVT. HOSPITAL, KONANUR TOWN, ARKALGUD TALUK, R/O HALIVAGILU ROAD, THANNIRUHALLA, HASSAN DISTRICT-573 130. KARNATAKA. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. N.R.RAVIKUMAR, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO (1) QUASH THE FIR NO.68/2022 DATED 10.12.2022 REGISTERED BY THE HASSAN WOMEN P.S., BEFORE 4TH CJ AND JMFC, HASSAN, THE OFFENCE PUNISHABLE UNDER SEC. 498A, 114, 323, 504, 307, 506, 34 OF IPC, DOWRY PROHIBITION ACT, 1961 (U/S 3, 4) AS PER ANNEXURE A. (2) QUASH THE CHARGE SHEET DATED 22.03.2023 FILED BY THE HASSAN WOMEN P.S., IN C.C.NO.2200/2023 AT ANNEXURE B. (3) QUASH THE ORDER DATED 01.06.2023 IN C.C.NO.2200/2023 PENDING ON THE FILE OF THE IV ADDL. C.J AND JMFC., HASSAN FOR TAKING COGNIZANCE FOR THE OFFENCE PUNISHABLE U/S.498A, 323, 504, 114, 307, 506 R/W 34 IPC AND SEC.3 AND 4 OF D.P. ACT AND ISSUING SUMMONS TO THE PETITIONERS, AS PER ANNEXURE-C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners have sought to quash the FIR in Crime No.68/2022 registered at Hassan Women Police Station and the consequent charge sheet filed against them and consequently the entire proceedings in C.C.No.2200/2023 pending on the file of the Court of IV Additional CJ & JMFC, Hassan. 2. Respondent No.2 set the law into motion and FIR was registered against her husband, parents-in-law and sister-in-law. Charge sheet is filed against the petitioners namely accused Nos.1 to 3 dropping the name of accused No.4, for offences punishable under Section 498A, 323, 504, 114, 307, 506 r/w 34 of IPC and Section 3 and 4 of DP Act. 3. Learned counsel appearing for petitioners and respondent No.2 have submitted that the parties have - 4 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 entered into a settlement and therefore, the entire proceedings may be quashed. 4. An application is filed reporting settlement, signed by petitioner No.1 and respondent No.2 and the learned counsel appearing for the parties. Para No.8 of the application is extracted hereunder: “8. It is further submitting that in the interim the Petitioner No.1 and the Respondent No.2 at the intervention of the family, relatives and friends have sorted out their disputes and have arrived a positive frame to have the dispute settled among themselves on the following conditions: (i) The Respondent No.2 has no-objection to quash the proceedings initiated against the Petitioner in Crime No.0068/2023 and to quash C.C.No.3200/2023 pending on the file of the IV Addl. Civil Judge & JMFC, Hassan and the Respondent No.2 withdraws all the allegations made in therein. (ii) The Respondent No.2 further undertakes to withdraw the Crl.Misc.No.329/2023 pending on the - 5 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 file of the IV Addl. Civil Judge & JMFC, Hassan on or before the next date of hearing by withdrawing all the allegations made therein. (iii) The Petitioner No.1 and the Respondent No.2 have further agreed to move on in their life and have decided to have their marriage annulled by way of Divorce in M.C.No.46/2025, pending on the file of the Prl. Judge Family Court, Hassan.” 5. Respondent No.2/defacto complainant, who is present before the Court submits that in view of the settlement, she is not interested to prosecute the case any further. She submits that she has no objection to quash the pending criminal proceedings initiated against the petitioners. 6. The matter arises out of a matrimonial dispute. Respondent No.2 has no objection to quash the proceedings initiated against the petitioners. She has also undertaken to withdraw Criminal Misc No.329/2023 - 6 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 pending before the IV Additional Civil Judge & JMFC, Hassan. 7. In Gian Singh V. State of Punjab and another reported in (2012) 10 SCC 303, the Hon’ble Apex Court has held that the inherent powers of High Court is of wide plenitude with no statutory limitation but it has to be exercised to achieve either of twin objects viz., (i) to prevent abuse of the process of any Court, (ii) to do real, complete and substantial justice. 8. It is further held that formation of the opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint under Section 482 of Cr.P.C., is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment. 9. In State of Madhya Pradesh v. Laxmi Narayan and others reported in (2019) 5 SCC 688, after discussing the ratio in Narinder Singh and others - 7 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 V. State of Punjab and another reported in (2014) 6 SCC 466, the Hon’ble Apex Court has held:- “15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under: 15.1. That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; 15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; 15.3. Similarly, such power is not to be exercised for the offences under the special statutes like the Prevention of Corruption Act or the - 8 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; 15.4. Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. However, such an exercise by the High Court would - 9 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 be permissible only after the evidence is collected after investigation and the charge-sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paras 29.6 and 29.7 of the decision of this Court in Narinder Singh should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; 15.5. While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise, etc." 10. It is held that mere mention of Section 307 IPC in the FIR or the charge sheet should not be the basis for adopting a hands-off approach and it would be open for the Court to examine as to whether incorporation of - 10 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 Section 307 IPC is there for the sake of it or whether there is evidence to back it. It has been held that the Courts may go by the nature of injuries sustained; and as to whether the injuries are inflicted on the vital/delicate parts of the body and the nature of weapon used etc. 11. In the case on hand, it is alleged that at the instigation of accused Nos.2 and 3, accused No.1 tried to press the neck of the complainant. Except the same, there are no other allegations against the accused persons. Admittedly, there are no injuries sustained by the complainant. A perusal of the complaint averments as well as the charge sheet allegations at this stage does not prima facie show the ingredients of the offence under Section 307 of IPC. 12. In view of the settlement having taken place between the parties, no purpose will be served in continuing the proceedings against the petitioners. Hence, the following; - 11 - NC: 2025:KHC:10266 CRL.P No. 7836 of 2023 ORDER Petition is allowed. The entire proceedings against the petitioners pending in C.C.No.2200/2023 on the file of the Court of IV Additional CJ & JMFC, Hassan is hereby quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 29 Ct:ar