- 1 - NC: 2025:KHC:10723 CRL.P No. 11305 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11305 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. POORNESH K.M. S/O K.G. MANJAPPA, AGED ABOUT 29 YEARS, R/AT #25, 2ND FLOOR, PAVAMAN NAGAR, B.K. CIRCLE, NEAR ESSAR PETROL BUNK, KOTHNUR DINNE ROAD, J. P. NAGAR 8TH PHASE, BENGALURU-560 076. 2. POORNIKA K.M. W/O PRASANNA K., AGED ABOUT 38 YEARS, R/AT #101, 1ST FLOOR, 1ST MAIN, 9TH CROSS, NEAR HAL HOSPITAL, JAGADISH NAGAR, NEW THIPPASANDRA, BENGALURU-560 075. …PETITIONERS (BY SRI. ASHWATH C.M., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10723 CRL.P No. 11305 of 2022 AND: 1. STATE BY EAST ZONE WOMEN P.S. BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. GOWTHAMI B.M. W/O. NAGESH K.M., AGED ABOUT 30 YEARS, R/AT 69/2, 1ST FLOOR, 10TH STREET, JOUGU PALYA, HALASURU, BENGALURU-560 008. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP, FOR R-1; SRI. AVINASH P., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE PROCEEDING AGAINST THE PETITIONERS IN C.C.NO.17714/2021 PENDING ON THE FILE OF VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 323, 504 R/W 34 OF INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:10723 CRL.P No. 11305 of 2022 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/accused Nos.4 and 5 have preferred this petition to quash the entire proceedings pending against them in CC No.17714/2021 on the file of the Court of VI ACMM, Bengaluru, registered for offences under Section 498(A), 323, 504 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Petitioners are the brother-in-law and Sister-in-law of respondent No.2-defacto complainant. It is submitted that in a petition filed by the husband in MC No.1523/2022 before the VI Additional Principal Judge, Family Court, Bangalore, the parties have entered into settlement and in terms of the agreement between the parties, a decree of divorce has been granted. 3. Copy of the Memorandum of Settlement entered into between the parties in the aforementioned - 4 - NC: 2025:KHC:10723 CRL.P No. 11305 of 2022 case before the Family Court is produced. Clause (7) is extracted hereunder: “The Respondent hereby undertake not to pursue the criminal cases filed against the petitioner and his family members in C.C.No.17714/2021 and shall co-operate to get the same quashed before the Hon’ble High Court of Karnataka at Bangalore.” 4. It is submitted that consequent to settlement, proceedings against accused Nos.1 to 3 are already quashed by this Court in Crl.P.No.14320/2024 dated 14.3.2025. 5. 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, - 5 - NC: 2025:KHC:10723 CRL.P No. 11305 of 2022 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. 6. 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. In view of the settlement between the parties, I am of the view that no purpose will be served in keeping the proceedings initiated against the petitioners pending. To meet the ends of justice, it is just and necessary to quash the entire proceedings. Hence, the following: ORDER i. Petition is allowed. - 6 - NC: 2025:KHC:10723 CRL.P No. 11305 of 2022 ii. The entire proceedings in CC No.17714/2021 on the file of the Court of VI ACMM, Bengaluru, as against the petitioners are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 2 Sl No.: 1 Ct:ar