- 1 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10992 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SACHIN THELKAR S/O KEERTHINATH AGED ABOUT 28 YEARS R/O NO.103, SIDDESHWARA NILAYA SANJEEVINI NAGAR, HEGGNAHALLI CROSS BANGALORE-562110 R/O SUBASH NAGAR KOPPA TOWN, CHIKKAMAGALURU-577126 …PETITIONER (BY SRI. PAVAN KUMAR G, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJAGOPALA NAGAR P S REP BY SPP HIGH COURT BUILDING BNGALORE-560001 2. SUSHMITHA S/O SRI SHANTHAPPA AGED ABOUT 22 YEARS R/O SIDDALINGAIAH HOUSE Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 4TH BLOCK, SANJEEVINI NAGARA HEGGANAHALLI CROSS BANGALORE …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.J.T.GIREESHA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 26.09.2023 PASSED IN SPL.C.NO.1038/2022 ON THE FILE OF LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU (CCH-71) FOR THE OFFENCE P/U/S 376, 420, 504 OF IPC AND SECTION 3(2)(v) OF SC/ST ACT AND DISCHARGE THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Sri.J.T. Gireesha, learned counsel has filed Vakalath for respondent No.2. 2. Petitioner/accused No.1 and respondent No.2/complainant and their respective counsel as well as learned High Court Government Pleader are present. 3. A joint memo of compromise, duly signed by the parties and their respective counsel is filed. It is - 3 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 supported by affidavit of the petitioner/accused No.1 and respondent No.2/complainant. The terms and conditions of the compromise reads as under: "1. The petitioner and the 2nd respondent submits that, the petitioner have filed the above petition seeking to quash the proceedings in Spl.C No. 1038/2022 pending on the file of LXX Addl. City Civil and Sessions Judge and Special Judge at Bengaluru (CCH-71) for the offence punishable Under Section 376, 420, 504 of IPC and Section 3(2)(V) of SC & ST Act. 2. The petitioner and the 2nd respondent submits that, the petitioner being aggrieved by the order of dismissal of discharge, the petitioner has preferred the above criminal petition. 3. The petitioner and the 2nd respondent submits that upon intervention of well-wishers and friends the dispute between the petitioner and the 2nd respondent is amicably settled. The 2nd respondent consent to quash the proceedings against the petitioner. 4. The petitioner and the 2nd respondent submits that, the settlement arrived between the petitioner and the 2nd respondent is out of free will, there is no coercion or force, fraud or any undue influence in settling the case. Wherefore the petitioner and 2nd respondent most humbly pray that this Hon'ble Court may be pleased to quash the proceedings against the petitioner in Spl.C No. 1038/2022 pending on the file of LXX Addl. City Civil and Sessions Judge and Special Judge at Bengaluru (CCH-71), in the interest of justice." - 4 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 4. Respondent No.2/complainant admit the compromise and submits that she has no objection to allow the petition. The terms and conditions of compromise petition are legal and equitable. 5. The charge sheet is filed against the petitioner for the offences 376, 420, 504 of IPC and Section 3(2)(v) of SC & ST Act which are non-compoundable. 6. At this stage, it is relevant to refer to the decision of the Hon’ble Apex Court in the case of in the case of Narindra Singh V/s. State of Punjab1 (Narindra Singh’s case) wherein at paragraph 31, the Hon’ble Supreme Court has laid down principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of Cr.P.C while accepting the settlement and quashing the proceedings or 1 2014 AIR SCW 2065 - 5 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 refusing to accept the settlement with direction to continue with the criminal proceedings. 7. In Gian Singh V/s. State of Punjab and another2, (Gian Singh’s Case) the Hon’ble Supreme Court has discussed the scope of the power of trial Court in excising the discretion under Section 320 of Cr.P.C and that of the High court excising inherited powers under section 482 of Cr.P.C. In Yogendra Yadav Vs. State of Jharkhand and another3, the Hon’ble Apex Court held that the High Court can quash criminal proceedings under Section 482 of Cr.P.C., even though the offence alleged is non-compoundable, if parties have amicably settled their disputes and victim has no objection. However, this would depend on the facts of each case. Offences which involve moral turpitude, grave offences like rape, murder cannot be effaced by quashing proceedings because they have harmful effect on Society and are not restricted to 2 (2012) 10 SCC 303 3 (2014) 9 SCC 653 - 6 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 individuals or groups. Quashing of such offence may send a wrong signal to the Society. However, if the High Court is convinced that the offences are individual or personal in nature and not affecting the public peace or tranquility and quashing of proceedings on account of compromise would secure ends of justice, it may quash the same. In such case, the prosecution becomes lame and pursuing such lame prosecution may become waste of time and energy and also unsettled compromise and obstruct restoration of peace. 8. In the light of the above decisions, it would be necessary to examine whether this is a fit case to accept the compromise between the parties. Perusal of the complaint averments and the resultant charge sheet indicate that it is a case of love affair having gone wrong. The complaint reveal that prosecutrix and accused No.1 came to be acquainted when complainant was studying in MBA in Bengaluru University. They were friends. When accused No.1 expressed his love for her, she refused - 7 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 saying that she belongs to Scheduled Caste and their family members may not agree for their marriage. However, accused No.1 insisted saying that he would convince both families or else he would commit suicide. In this way they had an affair. In fact from September to December of 2021, they lived together and when this fact came to the notice of family members of accused No.1, they abused her. She has alleged that on 03.12.2021, when she went to the house where both of them were living together, he refused to open the door and abused her referring to her caste. With these allegations respondent No.2 filed complaint leading to the filing of charge sheet. 9. Now, the parties have compromised and respondent No.2 has filed Affidavit in support of the compromise. Having regard to the above facts and circumstances, it could be safely held that permitting the parties to compromise would not affect the society. Continuation of dispute between the parties even after - 8 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 they have compromised would become lame and pursuing such a lame prosecution may become waste of time and energy and also unsettle the compromise and obstruct the restoration of peace. Having regard to these aspects, this Court is of the opinion that continuation of the criminal proceedings would amount to abuse of process of the Court. In order to do real, complete and substantial justice between the parties, it would be appropriate to quash the criminal proceedings by exercising the powers under section 482 of Cr.P.C. and accordingly, I proceed to pass the following: ORDER (i) The petition filed under Section 482 Cr.P.C is allowed. (ii) The order dated 26.09.2023 in Spl.C.No.1038/2022 on the file of LXX Addl. City Civil and Sessions Judge and Spl.Judge, Bengaluru (CCH-71) is set aside. - 9 - HC-KAR NC: 2025:KHC:19801 CRL.P No. 10992 of 2023 (iii) The Registry is directed to send a copy of this order to the trial Court forthwith. SD/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 30