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2025 DAILYLAW 42847 (KAR)

SRI DEVENDRA DEB v. STATE OF KARNATAKA

CRL.P/13507/2025 · 2025-10-28

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42888 CRL.P No. 13507 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13507 OF 2025 BETWEEN: SRI. DEVENDRA DEB AGED ABOUT 45 YEARS, S/O LATE ANUPKUMAR DEB, R/AT FLAT 3016, GOLDEN PANORAMA APARTMENTS, TOWER 3, 1ST FLOOR, 80 FEET ROAD, GUBBALALA, UTTARAHALLI HOBLI, BENGALURU-560 061. …PETITIONER (BY SMT. PRATHIMA S.K., ADVOCATE (P/H)) AND: 1. STATE OF KARNATAKA BASAVANAGUDI WOMEN PS, BENGALURU-560 094, BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. NEELA SHASHIKUMAR AGED ABOUT 45 YEARS, D/O G.S. SHASHI KUMAR, R/AT FLAT NO.23281, PRESTIGE FALCON CITY, KONANAKUNTE CROSS, BENGALURU-560 062. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 (P/H); SRI. AMARESHA M., ADVOCATE FOR R2 (P/H)) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42888 CRL.P No. 13507 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A) OF IPC AND CONSEQUENTLY THE PROCEEDINGS IN C.C.NO.27654/2023, PENDING BEFORE THE XXXVII ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, AT BENGALURU, VIDE ANNEXURE A AND B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the chargesheet filed by the Police and consequent proceedings pending in C.C.No.27654/2023 on the file of the Court of XXXVII Additional Chief Metropolitan Magistrate at Bengaluru. 2. The law was set in motion by respondent No.2. The offence alleged is one under Section 498A of IPC. 3. It is submitted that the petitioner and respondent No.2 have entered into a settlement before the Family Court, Bengaluru in M.C.No.4719/2025 and in - 3 - HC-KAR NC: 2025:KHC:42888 CRL.P No. 13507 of 2025 terms of the settlement, their marriage has been dissolved vide judgment and decree dated 14.08.2025. 4. The parties have filed a memorandum of agreement before the Family Court. Para 15 of the said agreement is extracted hereunder: “15. The petitioner no.2 undertakes to co- operate for the closure of the case in CC.No.27654/2023 registered by Basavanagudi Women P.S. on the basis of the complaint lodged by the petitioner no.2.” 5. Petitioner as well as respondent No.2/defacto complainant are present before the Court. They are identified by the respective learned counsel appearing for them. Respondent No.2 submits that the matter has been settled and therefore, she is not interested to pursue the complaint lodged by her against the petitioner and she has no objection if the criminal proceeding pending against the petitioner is quashed. - 4 - HC-KAR NC: 2025:KHC:42888 CRL.P No. 13507 of 2025 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 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. The matter arises out of a matrimonial dispute. Dispute is purely private in nature. In view of the settlement entered between the parties and the dictum of the Hon’ble Apex Court, this Court deems fit to quash the - 5 - HC-KAR NC: 2025:KHC:42888 CRL.P No. 13507 of 2025 proceedings pending against the petitioner, to meet the ends of justice. Accordingly, the following: ORDER Petition is allowed. The entire proceedings in C.C.27654/2023 pending before the Court of XXXVII Additional Chief Metropolitan Magistrate at Bengaluru, are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 32