- 1 - NC: 2025:KHC:16560 CRL.P No. 7341 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7341 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. SAKET S/O KAUSHAL KISHORE PRASAD, AGED ABOUT 33 YEARS, R/O NO.D-2054, 5TH FLOOR, D-2 TOWER, 63 DEGREE EAST, (C AND D PHASE), KODATHI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560 037. …PETITIONER (BY SRI. SAGAR B.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. MRS. AKRTIHI SINHA W/O SAKET, AGED ABOUT 29 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:16560 CRL.P No. 7341 of 2023 PRESENTLY RESIDING AT NO.E-702, NITESH COLUMBUS SQUARE, KATTIGENAHALLI, BAGLUR MAIN ROAD, BENGALURU-560 063. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; SRI. ASHA M.P., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 30.09.2022 PASSED IN C.C.NO.31229/2022 PENDING ON THE FILE OF VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 506, 504 OF I.P.C. 1860 AND SECTION 3 AND 4 OF D.P. ACT 1961. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Filing of charge sheet against the petitioner for the offence punishable under Section 498A, 323, 506 and 504 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961 and registration of C.C.No.31229/2022 on the file of the Court of VI Additional Chief Metropolitan Magistrate (now pending before the XI Additional Chief Metropolitan - 3 - NC: 2025:KHC:16560 CRL.P No. 7341 of 2023 Magistrate, Bengaluru), is sought to be quashed in this petition preferred under Section 482 of Cr.P.C. 2. Respondent No.2 is the defacto complainant. She lodged a complaint against the petitioner and his parents, which came to be registered in Crime No.100/2022 of East Zone Women Police Station, Bengaluru City for the aforementioned offences. While filing charge sheet, accused Nos.2 and 3 named in the FIR were dropped and charge sheet is filed only against the petitioner. 3. A joint memo for settlement has been filed, signed by the petitioner and respondent No.2 which reads as under: “The petitioner and the 2nd respondent in the above mentioned criminal petition most respectfully submit as follows, 1. The petitioner in the above mentioned criminal petition has approached this Honorable Court for quashing of the order of - 4 - NC: 2025:KHC:16560 CRL.P No. 7341 of 2023 taking cognizance dated 30.09.2022 passed in C.C.No.31229/2022 by the Honorable VI Additional Chief Metropolitan Magistrate at Bangalore which is now transferred to XI Additional Chief Metropolitan Magistrate at Mayo Hall Bangalore. 2. The petitioner had filed a Divorce Petition as against the 2nd Respondent/wife in M.C.No.5353/2022 on the file of Honorable III Additional Family Court at Bangalore and during pendency of the said divorce petition, all disputes between the petitioner/husband and 2nd respondent/wife are amicably resolved and the terms of settlement are deduced to writing in the mediation agreement dated 09.04.2025, in the said mediation agreement the 2nd respondent/wife at clause No.8 has agreed for closure of C.C.No.31229/2022 pending on the file of Honorable XI ACMM at Mayo Hall Bangalore which is also the subject matter in the above mentioned criminal petition, M.C.No.5353/22 is disposed off in terms of the mediation agreement wide judgment dated 17.04.25. Wherefore it is most respectfully prayed that this Honorable Court may be pleased to allow the above - 5 - NC: 2025:KHC:16560 CRL.P No. 7341 of 2023 mentioned criminal petition as prayed for in the interest of justice and equity.” 4. Petitioner as well as respondent No.2 are present before the Court. They are identified by the learned counsel appearing for them. 5. Respondent No.2/defacto complainant submits that entire dispute has been settled in terms of mediation agreement and therefore, she is not interested to proceed with her complaint any further and she has no objection to quash the proceedings pending against the petitioner. 6. In Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013 (2) Crimes 90 (SC), the Hon’ble Apex Court has held that, the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if - 6 - NC: 2025:KHC:16560 CRL.P No. 7341 of 2023 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. 7. In the case of B.S.Joshi v. State of Haryana reported in (2003) 4 SCC 675, the Hon’ble Apex 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. 8. In the light of the above decisions of the Hon’ble Apex Court and considering that the present criminal proceedings arise out of matrimonial dispute where the parties have settled all the differences in terms of mediation agreement filed before III Additional Family Court, Bengaluru in M.C.No.5353/2022, no purpose will be - 7 - NC: 2025:KHC:16560 CRL.P No. 7341 of 2023 served in continuing the criminal proceedings pending against the petitioner. Hence, the following: ORDER Petition is allowed. The entire proceedings pending on the file of XI Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.31229/2022, are quashed. I.A.No.1/2024 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 2 Sl No.: 2 CT:ar