- 1 - NC: 2025:KHC:17730 CRL.P No. 12155 of 2022 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. 12155 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. NITISH SURESH, (MENTIONED AS NITHIN SURESH @ PAVAN KUMAR IN CHARGESHEET) S/O SURESH KUMAR S.R, AGED ABOUT 31 YEARS, R/AT SHRI SHANKARI STORES, B.M. ROAD, SAKALESHPURA TOWN, HASSAN DISTRICT - 573 134. 2. R. REVATHI, (MENTIONED AS REVATHI @ ASHA IN CHARGE SHEET) W/O SURESH, AGED ABOUT 50 YEARS, R/AT SHRI. SHANKARI STORES, B.M. ROAD, MARANAHALLI, SAKALESHPURA TOWN, HASSAN DISTRICT - 573 134. 3. S.R. SURESH, (MENTIONED AS SURESH IN CHARGE SHEET) S/O RAMACHANDRA S.E, AGED ABOUT 60 YEARS R/AT SHRI SHANKARI STORES, B M ROAD SAKALESHPURA TOWN, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17730 CRL.P No. 12155 of 2022 HASSAN DISTRICT - 573 134. …PETITIONERS (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER, HASSAN WOMEN POLICE STATION, REPRESENTED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SUPRIYA, W/O NITHIN SURESH, AGED ABOUT 29 YEARS, W/O SANTHOSH KUMAR, R/AT H.NO. 205, NAIDU WORKSHOP ROAD, UTTARA BADAVANE, HASSAN TOWN, HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SRI. ASMA KOUSER, HCGP SRI. PRATHEEP K.C., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.3180/2022 (CR.NO.20/2022 OF HASSAN WOMEN POLICE STATION) ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC COURT, HASSAN FOR THE OFFENCE P/U/S.498-A, 323, 504, 506 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17730 CRL.P No. 12155 of 2022 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners have preferred this petition under Section 482 of Cr.P.C to quash the entire proceedings pending against them in CC.No.3180/2022 on the file of IV Additional Civil Judge and J.M.F.C, Hassan. 2. Respondent No.2 herein lodged a complaint with the police, registered in Crime No.20/2022 of Hassan Women Police Station, Hassan, for offences punishable under Section 498A, 323, 506 read with 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. 3. Initially, case was registered against accused Nos.1 to 5, wherein the petitioners are arraigned as accused Nos.1 to 3. While filing charge sheet, accused Nos.3 and 4 named in the FIR were dropped. Charge sheet is filed against petitioners/accused Nos.1, 2 and 5 named in the FIR, for offences punishable under Section 498A, 323, 504, 506 read with 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. - 4 - NC: 2025:KHC:17730 CRL.P No. 12155 of 2022 4. Petitioners are the husband and in-laws of respondent No.2. Learned counsel for the petitioners has filed a memo along with mediation report, decree passed in MC.No.71/2023 by the Family Court, Hassan. He submits that in view of the memorandum of settlement filed before the Family Court, Hassan, matter is settled and the Family Court has passed a decree of divorce, thereby dissolving the marriage solemnised between petitioner No.1 and respondent No.2. He further submits that as per the settlement entered between the parties, the amount mentioned in the memorandum of settlement has been paid to respondent No.2 and she has agreed to withdraw the present criminal case initiated against the petitioners. 5. Perused the memorandum of settlement entered between the parties and the decree of divorce passed by the Court of Principal Judge, Family Court, Hassan in MC.No.71/2023. This Court is convinced that the matter has been settled between the parties and respondent No.2 has agreed to withdraw the present criminal proceedings initiated against the petitioners in CC.No.3180/2022 pending before the IV Additional Civil Judge and J.M.F.C Court, Hassan. - 5 - NC: 2025:KHC:17730 CRL.P No. 12155 of 2022 6. 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. Further, 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. 7. 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. 8. In the above facts and circumstances, no purpose will be served in keeping the proceedings pending against the - 6 - NC: 2025:KHC:17730 CRL.P No. 12155 of 2022 petitioners, as continuation of the same will be a futile exercise. Hence, it is just and appropriate to quash the proceedings, in the interest of justice. According, the following: ORDER i. Petition is allowed. ii. The entire proceedings in CC.No.3180/2022 pending before the IV Additional Civil Judge and J.M.F.C, Hassan, is hereby quashed. iii. I.A.No.1/2022 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 10 CT: BHK