- 1 - HC-KAR NC: 2025:KHC:46088 CRL.P No. 15477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.15477 OF 2025 BETWEEN: SHIVAKUMAR SWAMY, AGED ABOUT 43 YEARS, S/O. NARAYANAPPA, RESIDING AT NO. 9, 5TH CROSS KEMPEGOWDANAGAR, BYADARAHALLI, VISHWANEEDAM, BANGALORE NORTH- 560 091. …PETITIONER (BY SRI. CHARAN KUMAR K. V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU. 2. CHAITHRA, AGED ABOUT 30 YEARS, W/O SHIVAKUMARA, RESIDING AT COLLEGE STOP BYDARAHALLI, NO.9, 1ST CROSS, 1ST MAIN, KEMPEGOWDANAGARA, YESHVANTHAPURA HOBLI, BENGALURU-560 091. …RESPONDENTS (BY SRI. RAHUL RAI K., LEARNED HCGP FOR R1; SRI. MAHAVEER M. JAINAR, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46088 CRL.P No. 15477 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.4091/2020 ON THE FILE OF THE CJM, BANGALORE RURAL, BANGALORE PERTAINING TO FIR NO.621/2017 U/S. 498A, 506B OF IPC, ON THE FILE OF THE BYADARAHALLI POLICE STATION, BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The proceedings in C.C. No.4091/2020, pending on the file of the Court of Chief Judicial Magistrate, Bangalore Rural, arising out of Crime No.621/2017 of Byadarahalli Police Station are sought to be quashed in this petition. 2. The matter arises out of a matrimonial dispute, wherein respondent No.2 herein set the law into motion against the petitioner, based on which the above mentioned crime was registered for the offence punishable under Sections 498A and 506(B) of IPC. The police have filed charge sheet for the offence punishable under Sections 498A, 504 and 506 of IPC. - 3 - HC-KAR NC: 2025:KHC:46088 CRL.P No. 15477 of 2025 3. Learned counsel Sri.Mahaveer M. Jainar has filed Vakalath for respondent No.2/defacto complainant. The same is taken on record. 4. The learned counsel appearing on both sides submits that the matter has been settled between the parties. Petitioner as well as respondent No.2 are present before the Court. Affidavit is filed by respondent No.2/defacto complainant, wherein, paragraph Nos.1 to 3 reads as under: "1. I say that I have filed a complaint against the petitioners for the offences punishable under Section 498-A and 506B of IPC which came to be registered and charge sheet was placed in C.C.No.4091/2020 on the file of Chief Judicial Magistrate, Bangalore Rural, Bangalore. 2. I say that myself and the petitioner have voluntarily resolved our disputes and had filed a petition for dissolution of marriage under section 13(1-a) (1-b) of Hindu Marriage Act and the decree of divorce is - 4 - HC-KAR NC: 2025:KHC:46088 CRL.P No. 15477 of 2025 already been granted in M.C. No.473/2024 by the Hon'ble Principal Senior Civil Judge, Bangalore Rural on 5/02/2025. 3. I say that in view of the settlement as aforesaid, I have on my own free will and wish to have decided to assist the petitioner to get the Criminal case quashed." 5. Respondent No.2 is present before the Court and submits that, in view of the settlement, she is not interested in proceeding with the case any further and she has no objection to quash the proceedings. Affidavit filed by respondent No.2 is placed on record. 6. The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes 90(SC), has held that ‘the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the - 5 - HC-KAR NC: 2025:KHC:46088 CRL.P No. 15477 of 2025 offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing the ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR.’ 7. Considering that the matter arises out of matrimonial dispute and in view of the settlement between the parties and taking into consideration the contents of the affidavit, it is expedient, in the interest of justice to quash the proceedings, now pending before the Trial Court. Accordingly, the following: ORDER Petition is allowed. The entire proceedings in C.C.No.4091/2020, on the file of the Chief Judicial Magistrate, Bangalore Rural District, Bangalore, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE AP, List No.: 1 Sl No.: 72