- 1 - NC: 2025:KHC:12059 CRL.P No. 10046 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10046 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. S. VISHAL S/O SHRINIVAS, AGED ABOUT 35 YEARS, 2. SHANTHI, W/O SHRINIVAS, AGED ABOUT 64 YEARS, 3. V. SHRINIVAS, S/O VENKATESH, AGED ABOUT 65 YEARS, PETITIONERS ARE RESIDENT OF NO 18, ’ASHIRVAD’ MOUNASHRI LAYOUT, NEAR TR HOSPITAL, KOTHANUR DINNE MAIN ROAD, J P NAGAR, 8TH PHASE, BANGALORE – 560 068. 4. SHAKUNTHALA D/O VENKATESH, AGED ABOUT 71 YEARS, R/AT NO. 44, 1ST FLOOR, CHANNASANDRA COLONY, BANGALORE- 560 098. 5. GRANESHWARI S/O YEKANTHASWAMY, AGED ABOUT 62 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12059 CRL.P No. 10046 of 2023 6. P. PALLAVI W/O. RAJESH M., AGED ABOUT 39 YEARS 7. Y. NIKHIL, S/O YEKANTHASWAMY, AGED ABOUT 28 YEARS, PETITIONERS 5 TO 7 ARE RESIDING AT NO 1/350, RAGHUVANAHALLI, BEHIND KSIT COLLEGE, KANAKAPURA ROAD, BANGALORE. 8. ASWINI PURUSHOTHAM D/O V. PURUSHOTHAM, AGED ABOUT 28 YEARS, R/AT NO. T44, 33RD A CROSS, 11MAIN, 4TH T BLOCK, JAYA NAGAR, BANGALORE – 560 041. …PETITIONERS (BY SRI. SHANTHA KUMAR H.T. ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION BENGALURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE -560 001. 2. SMT. DHAKSHATHA W/O VISHAL, AGED ABOUT 29 YEARS R/AT NO. 18, ASHIRWAD NILAYA, JP NAGAR, 8TH PHASE, NAVODHAYA NAGARA, - 3 - NC: 2025:KHC:12059 CRL.P No. 10046 of 2023 KOTTANUR DINNE MAIN ROAD, JP NAGAR POST, BANGALORE - 560078. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. D. LOKESH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.232/2023 OF BASAVANAGUDI WOMEN P.S., PENDING ON THE FILE OF XXXVII ADDL. C.M.M., BENGALURU FOR THE OFFENCE P/U/S 498A, 323, 504 R/W 34 OF IPC AND SECTION 4 OF D.P. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are before this Court seeking to quash the FIR in Cr.No.232/2023 registered against them at Basavanagudi Women Police Station for the offence punishable under Section 498A, 323, 504 r/w 34 IPC and Section 4 of Dowry Prohibition Act, 1961. 2. Complaint is lodged by respondent No.2 alleging that after her marriage with accused No.1, all the - 4 - NC: 2025:KHC:12059 CRL.P No. 10046 of 2023 accused subjected her to physical and mental harassment in connection with dowry etc. 3. Today, an application under Section 528 of BNSS, 2023 is filed signed by the learned counsel for petitioners and the learned counsel for respondent No.2 along with the affidavits of the parties. 4. It is stated that petitioner No.1 had instituted divorce proceedings under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 against respondent No.2 before the I Additional Principal Judge, Family Court in MC No.6919/2023 and the matter was referred for mediation, wherein both the parties agreed that the marriage solemnized between them be dissolved subject to terms and conditions setforth in the mediation agreement. 5. The memorandum of settlement entered between the parties in M.C.No.6919/2023 before the I Additional Principal Judge, Family Court at Bengaluru, is furnished along with a memo dated 25.2.2025. Clause 9 - 5 - NC: 2025:KHC:12059 CRL.P No. 10046 of 2023 of the said memorandum of settlement is extracted hereunder: “9. In view of this agreement, the parties undertakes to co-operate to close/quash/withdraw in Crime No.232/2023 pending before the Womens Police Station, Basavanagudi which is allotted to 37th ACMM, Bengaluru filed under Section 498A and other provisions, C.C.No.16794/2021 and C.C.No. 31683/2024 both pending on the file of VI ACMM, Bengaluru together with and Crl.Misc.201/2023 under MMTC-V, Bengaluru.” 6. It is also submitted that pursuant to memorandum of settlement, the Family Court has passed decree dated 13.1.2025 in MC No.6919/2023, thereby dissolving the marriage solemnized between respondent No.2 and petitioner No.1. 7. Respondent No.2, who is present before the Court submits that in view of the settlement, she has no objection to quash the criminal proceedings pending against the petitioners. - 6 - NC: 2025:KHC:12059 CRL.P No. 10046 of 2023 8. 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 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. 9. 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. - 7 - NC: 2025:KHC:12059 CRL.P No. 10046 of 2023 10. As the parties have resolved the dispute and settled the matter, no purpose will be served in continuing the proceedings pending against the petitioners. Hence, the following: ORDER i. Application is allowed. Consequently, petition is allowed. ii. The entire proceedings arising out Cr.No.232/2023 of Basavanagudi Women Police Station against the petitioners under Section 498A, 323, 504 r/w 34 IPC and Section 4 of Dowry Prohibition Act, 1961 are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 26