Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17824 CRL.P No. 10316 of 2023 C/W CRL.P No. 5315 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10316 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 5315 OF 2025
IN CRL.P No. 10316/2023
BETWEEN:
1. MRS. BHAGYAMMA WIFE OF SRI. PRAKASHA, AGED ABOUT 46 YEARS, RESIDING AT KUDINEERU MUDDANAHALLI RATHNAPURI POST, HUNASUR TALUK, MYSORE-571 189. 2. MRS. BINDUSREE WIFE OF SRI. RAVISHA, AGED ABOUT 25 YEARS, RESIDING AT 172, SAMRUDDHI, 1ST FLOOR, 9TH CROSS, SUNCITY MAIN ROAD, NEAR RADIANT ENCLAVE APARTMENTS, KENGERI UPANAGARA, BENGALURU-560 060. ALSO AT: KUDINEERU MUDDANAHALLI, BILIKERE HOBLI, HUNASURU TALUK, MYSORE-571 189. …PETITIONERS
(BY SRI. PARASHURAM A.L., ADVOCATE)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:17824 CRL.P No. 10316 of 2023 C/W CRL.P No. 5315 of 2025
AND:
1. STATE OF KARNATAKA BY PEENYA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MRS. SHRAVANI WIFE OF MR. BHARAT KUMAR, AGED ABOUT 24 YEARS, SRINIVAS MURTHY BUILDING, NEAR SRS SIGNAL, PEENYA , BENGALURU-560 058. NOW RESIDING AT 1ST CROSS, ARSAPPA BUILDING, OPP. PADMAVATHI JEWELLERY SHOP, HEGGANAHALLI CROSS, SANJEEVINI NAGAR, BENGALURU-560 024. …RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R-1;
SRI. P.M. GOPI, ADVOCATE FOR SRI. P.M. SIDDAMALLAPPA, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 12.02.2022 (ANNEXURE-B), THE F.I.R DATED 12.02.2022 REGISTERED BY THE PEENYA POLICE STATION IN CRIME NO.35/2022 (ANNEXURE-A), CHARGE SHEET FILED THEREIN ON 16.04.2022 (ANNEXURE-D) AND THE ORDER DATED 17.06.2022 IN SPL.C.NO.1128/2022 BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, SPECIAL JUDGE, BENGALURU (CCH-71) (ANNEXURE-C) TAKING
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NC: 2025:KHC:17824 CRL.P No. 10316 of 2023 C/W CRL.P No. 5315 of 2025
COGNIZANCE FOR THE OFFENCES UNDER SECTION 498A OF THE INDIAN PENAL CODE, 1860; SECTION 4 OF DOWRY PROHIBITION ACT, 1961 AND SECTIONS 498A R/W 34 OF IPC 3(1)(r) AND 3(1)(s) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, QUA THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.2 AND 3. IN CRL.P NO. 5315/2025
BETWEEN:
SRI. BHARAT KUMAR SON OF SRI. PRAKASHA, AGED ABOUT 30 YEARS, RESIDING AT KUDINEERAMUDANAHALLI, RATNAPURI POST, VTC, HUNSUR TALUK, MYSORE-571 189, TODAY IN BENGALURU. ...PETITIONER
(BY SRI. PARASHURAM A.L., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY PEENYA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MRS. SHRAVANI WIFE OF MR. BHARAT KUMAR, AGED ABOUT 26 YEARS, SRINIVAS MURTHY BUILDING,
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NC: 2025:KHC:17824 CRL.P No. 10316 of 2023 C/W CRL.P No. 5315 of 2025
NEAR SRS SIGNAL, PEENYA, BENGALURU-560 058. NOW RESIDING AT 1ST CROSS, ARSAPPA BUILDING, OPP. PADMAVATHI JEWELLERY SHOP, HEGGANAHALLI CROSS, SANJEEVINI NAGAR, BENGALURU-560 024. ...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED 12.02.2022 [ANNEXURE-B], THE F.I.R DATED 12.02.2022 REGISTERED BY THE PEENYA POLICE STATION IN CRIME NO.35/2022 [ANNEXURE-A], CHARGE SHEET FILED THEREIN ON 16.06.2022 [ANNEXURE-D] AND THE ORDER DATED 17.06.2022 IN SPL.C.NO.1128/2022 BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, SPECIAL JUDGE, BENGALURU (CCH 71) [ANNEXURE-C] TAKING COGNIZANCE FOR THE OFFENCES UNDER SECTION 498A OF THE INDIAN PENAL CODE, 1860; SECTION 4 OF THE DOWRY PROHIBITION ACT, 1961 AND SECTIONS 3(1)(r) AND 3(1)(s) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 QUA THE PETITIONER WHO IS ARRAYED AS ACCUSED NO. 1. THESE PETITIONS, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:17824 CRL.P No. 10316 of 2023 C/W CRL.P No. 5315 of 2025
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
These two petitions are preferred under Section 482 of Cr.P.C., praying to quash the FIR and charge sheet filed against the petitioners/accused Nos.1 to 3, pending before LXX Additional City Civil and Sessions Judge, Special Judge, Bengaluru (CCH-71) in Spl.C.No.1128/2022. 2. Crl.P.No.5315/2025 is preferred by accused No.1 and Crl.P.No.10316/202 is preferred by accused Nos.2 and 3 respectively. 3. Based on a complaint lodged by respondent No.2, FIR in Crime No.35/2022 was registered at Peenya Police Station against accused Nos.1 to 3 for offence punishable under Section 498A of IPC, Section 4 of the Dowry Prohibition Act, 1961 and Section 3(1)(r) and 3(1)(s) of the SC & ST (POA) Act, 1989. 4. Petitioners as well as respondent No.2 are present before the Court. They are identified by their learned advocates. Applications are filed in both the
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NC: 2025:KHC:17824 CRL.P No. 10316 of 2023 C/W CRL.P No. 5315 of 2025
petitions under Section 528 of BNSS, 2023 seeking permission of the Court to compound the offence and to quash the entire proceedings pending before the trial Court, on the ground that the petitioners and respondent No.2 have amicably resolved the dispute pursuant to intervention by well wishers and as such, respondent No.2 has consented not to prosecute the proceedings and she has no objection to quash the proceedings initiated against the petitioners. 5. Applications are supported by the affidavits of the petitioners as well as respondent No.2. 6. Respondent No.2/De-facto complainant present before the Court would submit that in view of the settlement, she is not interested in proceeding further with the matter and she has no objection to quash the proceedings initiated against the petitioners. 7. The matter arises out of matrimonial dispute. Respondent No.2 is none other than the wife of accused No.1. Accused Nos.2 and 3 are the mother and sister of accused No.1. Respondent No.2, present before the
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NC: 2025:KHC:17824 CRL.P No. 10316 of 2023 C/W CRL.P No. 5315 of 2025
Court has expressed no objection for quashing the charge sheet and the entire proceedings pending before the trial Court, in view of settlement entered into between the parties. 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
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NC: 2025:KHC:17824 CRL.P No. 10316 of 2023 C/W CRL.P No. 5315 of 2025
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. 10. In the above
facts and circumstances, continuation of proceedings against the petitioners would be a futile exercise and no purpose will be served. Accordingly, the following:
ORDER i. Both the petitions are allowed. ii. The entire proceedings pending against the petitioners/accused Nos.1 to 3 in Spl.C.No.1128/2022 on the file of LXX Additional City Civil and Sessions Judge, Special Judge, Bengaluru (CCH-71) are quashed.
iii. Pending I.As., if any, stand disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB,TL/List No.: 1 Sl No.: 25