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2025 DAILYLAW 41824 (KAR)

MAHAVEER JAIN v. STATE OF KARNATAKA

CRL.P/7831/2022 · 2025-09-25

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38779 CRL.P No. 7831 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 7831 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: MAHAVEER JAIN S/O LATE SURESH JAIN AGED 30 YEARS, R/A 37-97, SREE COLONY NEREDMET CROSS ROAD, R K PURAM, SECUNDARABAD-560056 TELANGANA ALSO AT: 1967/25, 12TH A CROSS, NEAR NEW CAMBRIDGE SCHOOL, HAMPINAGARA, RPC LAYOUT, BENGALURU-560 040. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA VIJAYANAGARA POLICE STATION, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. SMT USHA DAK W/O S PARAS KUMAR AGED ABOUT 47 YEARS, NO.51/72, 1ST B MAIN ROAD, SERVICE ROAD, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38779 CRL.P No. 7831 of 2022 VIJAYANAGARA, BENGALURU-560 040. …RESPONDENTS (BY SRI. B.LAKSHMAN, HCGP FOR R1; SRI. GOPAL SINGH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.3494/2021 PENDING BEFORE THE COURT OF XXIV ACMM, BENGALURU REGISTERED PURSUANT TO FILING OF COMPLIANT IN CR.NO.255/2020 OF VIJAYANAGAR P.S., FOR THE ALLEGED OFFENCE P/U/S.354,504 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner and respondent No.2/complainant as well as their respective learned counsel are present. 2. This petition is filed by the petitioner/accused under Section 482 of Cr.P.C, to quash the proceedings in C.C.No.3494/2021 (Crime No.255/2020), for the offences punishable 354, 504 of I.P.C. 3. A compromise petition is filed under Section 320(2) r/w 482 of Cr.P.C., supported by separate joint - 3 - HC-KAR NC: 2025:KHC:38779 CRL.P No. 7831 of 2022 affidavit of petitioner/accused and respondent No.2/complainant. 4. The terms and conditions of settlement arrived at between the parties reads as under: APPLICATION UNDER SECTION 320(2) READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE That for the reasons stated in the accompanying affidavit, it is humbly prayed that this Hon'ble Court may kindly be pleased to permit the parties to compound the offence alleged in the F.I.R and consequently quash the entire proceedings in C.C No.3494/2021 on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru registered for the offences punishable under Sections 354 and 504 of IPC and grant such other reliefs in the interest of justice and equity. JOINT AFFIDAVIT We, (1) S.MAHAVEER JAIN, S/O Late M.Suresh Jain, Aged about 32 years, Business at: M/s Bhagyalazmi Jewellers, R/at: 37-97, Sri Colony, Neredmet Cross Road, R.K.Puram, Secundarabad - 500 056 and (2) USHA DAK, W/o. S. Paras Kumar, - 4 - HC-KAR NC: 2025:KHC:38779 CRL.P No. 7831 of 2022 Aged about 48 years, R/at: #51/72, 1st 'B' Main Road, Service Road, Vijayanagara, Bengaluru - 560 040, today at Bengaluru., do hereby solemnly affirm and state on oath as follows: 2. We state that the first of us is the petitioner and the second of us is second respondent in the above case and we are acquainted with the facts of the case and as such we are swearing this affidavit. We submit during the pendency of the above petition, as per the advice of elders, relatives and well wishers, our family members have settled our dispute and to put a quietus to the same as such No.1 amongst us and Sheetal G Jain have filed petition under Section 13-B of Hindu Marriage Act in M.C.No.5965/2025 on the file of the IV Additional Principal Judge. Family Court, Bengaluru, Pursuant to the same. No.1 amongst us and Sheetal Jain have mutually agreed to dissolve of their marriage solemnized on 16.02.2014 at Shrungar Palace, Palace Grounds, Bellary Road, Bengaluru. We further submit that Nos. 1 amongst us and Sheetal G. Jain have mutually agreed to resolve all the matrimonial disputes. Copy of the petition in M.C.No.5965/2025 is produced herewith and same is marked as DOCUMENT NO.1. The terms and conditions of the petition may be read as part and parcel of this joint Affidavit to avoid repetition of facts. - 5 - HC-KAR NC: 2025:KHC:38779 CRL.P No. 7831 of 2022 3 We submit that as per clause No.6 (c) of the petition. Sheetal G. Jain has agreed to give consent for closure of the criminal case lodged against No.1 amongst us which reads as under: (c) The petitioner No. 1 is persuing appeals in CRL. Apl.No. 1377/2023 on the file of the Honorable Sessions Court, Bengaluru. The petitioner No.1 is asio persuing Criminal Petitions in CRL.P.No. 7831/2022 and CRL.P. No. 642/2023 before this Honorabile High Court of Kamataka and the petitioners undertakes to appear before the said cases and report the compromise and thereby take steps to close the criminal cases in C.C.No. 3494/2021 pending on the file of the Honorable XXIV ACMM & C.C.No.192/2023, pending on the file of Honorable XXIV ACMM, Bengaluru. In view of the same, we do not have any objection to quash the entire proceedings in C.C.No.3494/2021 pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru registered for the offences punishable under Sections 354 and 504 of IPC against the petitioner herein. 4. We state that there is no force or threat or coercion from anyone to settle the dispute and we have settled our dispute amicably. - 6 - HC-KAR NC: 2025:KHC:38779 CRL.P No. 7831 of 2022 5. All this is true and correct. Wherefore, we pray that, this Hon'ble Court may be pleased to allow the application in the interest of justice and equity. We, S. MAHAVEER JAIN AND USHA DAK, the deponents herein, do hereby declare that what are stated in the above paragraphs are true to the best of our knowledge, Information and belief. 5. Respondent No.2/complainant admit the compromise and submits that she has no objection to allow the petitions. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed under Section 482 Cr.P.C, is allowed. (ii) The entire proceedings in C.C.No.3494/2021 (Crime No.255/2020) on the file of XXIV Additional Chief - 7 - HC-KAR NC: 2025:KHC:38779 CRL.P No. 7831 of 2022 Metropolitan Magistrate, Bengaluru, is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 31