- 1 - NC: 2025:KHC:13414 CRL.P No. 8084 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8084 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. AJAY G S/O GANESH,. K.S. AGED ABOUT 35 YEARS, WORKING AS P. D. O. 2. MR. GANESH S/O LATE SADANANDA K, AGED ABOUT 61 YEARS, 3. SMT. KUSAMA W/O GANESH. K. S. AGED ABOUT 53 YEARS, ALL ARE R/O NO. 138, 4th CROSS, KPSC LAYOUT, NEAR AMMA ASHRAMA , NAGADEVANAHALLI BENGALURU CITY KARNATAKA 560 056. …PETITIONERS (BY SMT. ASHRITHA A. SHETTY., ADVOCATE FOR SRI. PARAMESHWAR N HEGDE., ADVOCATE) AND: 1. STATE OF KARNATAKA JNANABHARATHI POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE 01. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13414 CRL.P No. 8084 of 2023 2. MALASHRI HOSKOTI W/O AJAY G AGED ABOUT 31 YEARS, NO. 302, 18th CROSS, CHBS LAYOUT, VIJAYANAGAR BANGALORE 40. …RESPONDENTS (BY MS. ASMA KOUSER., ADDL. SPP) CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.217/2023 REGISTERED FOR THE OFFENCE P/U/S 498A, 376, 377 AND 354(B) OF IPC AND SEC.3, 4 OF D.P ACT BY THE 1ST RESPONDENT POLICE (JNANABHARATI POLICE) AND PENDING ON THE FILE OF 9TH ADDL.C.M.M AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 482 of Cr.P.C. to quash the FIR in Crime No.217/2023 of Jnanabharathi Police Station, Bengaluru, registered for offences punishable under Section 498A, 376, 377 and 354-B of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. - 3 - NC: 2025:KHC:13414 CRL.P No. 8084 of 2023 2. Complaint is lodged by second respondent, wife of petitioner No.1. Petitioners Nos.2 and 3 are his parents. 3. Learned counsel appearing for petitioners as well as respondent No.2 submitted that the dispute between the parties have been amicably settled, consequent to which, they have entered into a memorandum of settlement in M.C.No.6047/2023 on the file of Principal Judge, Family Court, Bengaluru, as such, marriage between the parties has been dissolved on 16.01.2025. 4. A copy of the memorandum of settlement and decree passed in M.C.No.6047/2023 by the Principal Judge, Family Court, Bengaluru are produced. 5. Clause 8 of the said memorandum of settlement reads as under:- In view of the above settlement arrived between the parties, respondent shall undertake to quash the proceedings pending before the Hon'ble High Court of Karnataka, Bengaluru in Crl.P.No.8084/2023, filed challenging the Crime No.217/2023 registered at Jnanabharathi Police - 4 - NC: 2025:KHC:13414 CRL.P No. 8084 of 2023 Station, Bengaluru for the offences punishable under Section 498-A, 376, 377, 354-B of IPC read with Section 3 and 4 of the Dowry Prohibition Act, against petitioners and others. 6. The Family Court, by virtue of the memorandum of settlement entered between the parties has dissolved the marriage solemnized on 20.11.2020, by granting decree of divorce. 7. The learned counsel appearing for respondent No.2 submitted that 2nd respondent has no objection to quash the proceedings in view of the settlement and the decree of divorce passed by the Family Court. The Hon'ble Apex Court in NARIDER SINGH AND OTHERS 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 ends of justice, or ii) to prevent abuse of the process of any Court. Further, criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute should - 5 - NC: 2025:KHC:13414 CRL.P No. 8084 of 2023 be quashed when parties have resolved their entire dispute among themselves. 8. In view of the settlement between the parties, no purpose will be served by continuing the proceedings pending against the petitioners. Hence, the following: ORDER i) Petition is allowed. ii) The entire proceedings against the petitioners, arising out of Crime No.217/2023 registered at Jnanabharathi Police Station, Bengaluru City, is quashed. iii) I.A.No.2/2023 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 24