Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41553 CRL.P No. 8638 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8638 OF 2025
BETWEEN:
1. BHANU W/O BHOJARAJ R., AGED ABOUT 61 YEARS,
2.
BHOJARAJ R.
S/O LATE CHIKKARANGA SWAMY, AGED ABOUT 66 YEARS,
PETITIONER NO.1 & 2 ARE RESIDING AT NO.03, 1ST MAIN ROAD, 7TH CROSS, SAMPANGIRAMANAGAR, BENGALURU-560 027.
3. LAKSHMI D/O BHOJARAJ R. AND W/O TYAGARAJA, AGED ABOUT 46 YEARS, 7TH CROSS, SAMPANGIRAMANAGAR BENGALURU.
4. RAMYA D/O BHOJARAJ R., W/O CHANDRAMOHAN, AGED ABOUT 44 YEARS, RESIDING AT NO.14, CHOWDESHWARI NILAYA, PAPPANNA LANE, KABBAN PETE, BANGALORE–560 002.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:41553 CRL.P No. 8638 of 2025
5. SOWMYA D/O BHOJARAJ R., W/O KIRAN, AGED ABOUT 41 YEARS, RESIDING AT NO.02, 13TH CROSS, CUBBONPET, BANGALORE-560 002.
6.
SRI. SRIRAM B.
S/O BHOJARAJ, AGED ABOUT 32 YEARS, RESIDING AT NO.03, 1ST MAIN ROAD, 7TH CROSS, SAMPANGIRAMANAGAR, BENGALURU-560 027. …PETITIONERS
(BY SRI. P.V. MIRANDRA KUMAR, ADVOCATE FOR SRI. RAMA RAMACHANDRA IYER, ADVOCATE)
AND:
1.
THE STATE BY SR NAGAR CENTRAL WOMAN PS REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2.
AISHWARYA H.
W/O SRIRAM B., AGED ABOUT 27 YEARS, RESIDING AT NO.94, 3RD MAIN ROAD, 7TH CROSS, CHAMARAJAPETE, BENGALURU-560 018. …RESPONDENTS
(BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1)
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HC-KAR NC: 2025:KHC:41553 CRL.P No. 8638 of 2025
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET DATED 11.05.2024 FILED IN C.C.NO.18791/2024 ON THE FILE OF THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR OFFENCES PUNISHABLE U/SEC 498(A), 504, 34 OF IPC & 3 & 4 OF DP ACT, VIDE ANNEXURE-D AND ALL FURTHER PROCEEDINGS THERETO.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER Petitioners are seeking to quash the chargesheet and all further proceedings in C.C.No.18791/2024, pending on the file of the learned VI Additional Chief Metropolitan Magistrate, Bengaluru. 2. Respondent No.2 is the defacto complainant, who set the law into motion. On her complaint, a case was registered in Crime No.268/2023 of Basavanagudi Women Police Station, Bengaluru City against accused Nos.1 to 8 for the offence punishable under Section 498A, 504 r/w 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. - 4 -
HC-KAR NC: 2025:KHC:41553 CRL.P No. 8638 of 2025
3. Chargesheet has been filed against the petitioners arraigned as accused Nos.1 to 6. 4. Petitioners as well as respondent No.2/defacto complainant are present before the Court. 5. A joint memo is filed signed by all the parties and the learned counsel appearing for the petitioners. The said joint memo reads as under:
“The Petitioners and the Respondent No.2 in the above case submit that CC 18791/2024 sought to be quashed arises out of M.C.No.5557/2025 in which the Respondent No.2 and the Accused No.1 in CC 18791/2024 who was her husband have settled their dispute in the mediation Centre and the said case has been disposed by granting a decree of divorce against them. The Accused No.1 has also made a payment of Rs.13 lakh towards full and final settlement towards all the daims of the Respondent No.2 including her alimony. The Respondent No.2 during the course of the matrimonial dispute had filed complaint under Section 498A read with Sections 4 and 5 of the DP Act against the parents, sisters and relatives of the Accused No.1. As the dispute has been resolved, the parties have
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HC-KAR NC: 2025:KHC:41553 CRL.P No. 8638 of 2025
amicably decided to give a quietus to the cases between them and in this background, the Respondent No. 2 has no objection to the quashing of the petition against the Petitioners in CC 18791/2024 pending on the file of XXXVII ACM, Bengaluru as continuing the proceedings against them will not serve any purpose. The parties are accordingly placing on record herewith the certified copy of the decree and settlement report in M.C.No.5557/2025, in the interest of justice and equity.”
6.
It is stated that in M.C.No.5557/2025, the Principal Judge, Family Court at Bengaluru has passed a decree of divorce, in terms of the memorandum of settlement filed by the parties. 7. Respondent No.2, present before the Court submits that the matter has been settled and therefore, she has no objection to quash the criminal proceedings initiated against the petitioners. 8. In Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2)
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HC-KAR NC: 2025:KHC:41553 CRL.P No. 8638 of 2025
Crimes 90(SC), it is held by the Apex Court 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 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.’
9. The dispute arise out of matrimonial discord between the parties and it is purely private in nature. In view of the amicable settlement between the parties, no purpose will be served in continuing the criminal proceedings pending against the petitioners. Hence, for the purpose of securing the ends of justice, it is just and proper to quash the entire proceedings. Accordingly, the following:
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HC-KAR NC: 2025:KHC:41553 CRL.P No. 8638 of 2025
ORDER Petition is allowed. The entire proceedings pending against petitioners/accused Nos.1 to 6 in C.C.No.18791/2024 on the file of the Court of VI Additional Chief Metropolitan Magistrate, Bengaluru are quashed. I.A.No.1/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 102