- 1 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 34887 OF 2025 (GM-RES) BETWEEN: 1. MR. VIVEK MANDAL SON OF MR. LAKSHMI KANT MANDAL, AGED ABOUT 35 YEARS, RESIDING AT NO.86/7, PURBA SINTHEE ROAD, DUMDUM, KOLKATA-700 030. 2. MR. LAKSHMI KANT MANDAL SON OF LATE YOGESHWAR MANDAL, AGED ABOUT 65 YEARS, RESIDING AT NO.86/7, PURBA SINTHEE ROAD, DUMDUM, KOLKATA-700 030. 3. MRS. VIBHA MANDAL WIFE OF MR. LAKSHMI KANT MANDAL, AGED ABOUT 57 YEARS, RESIDING AT NO.86/7, PURBA SINTHEE ROAD, DUMDUM, KOLKATA-700 030. 4. MR. VARUN MANDAL SON OF MR. LAKSHMI KANT MANDAL, AGED ABOUT 33 YEARS, RESIDING AT NO.86/7, PURBA SINTHEE ROAD, DUMDUM, KOLKATA-700 030. …PETITIONERS (BY SRI. SUMAN K.S., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 AND: 1. STATE OF KARNATAKA KUMBALAGUDU POLICE STATION GOLLAHALLI ROAD, BENGALURU-560 074, REP. BY THE OFFICE OF THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. MS. SUPARNA SHEKAR DAUGHTER OF LATE MR. RAJ SHEKAR, AGED ABOUT 35 YEARS, RESIDING AT NO. C-0819, BRIGADE PANORAMA, MYSORE ROAD, ANCHEPALYA, KAMBIPURA ROAD, OPP. RAJARAJESHWARI DENTAL HOSPITAL, BENGALURU-560 060. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SMT. JAYASHREE PATIL, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OF DIRECTION TO QUASH THE FIR REGISTERED BY THE RESPONDENT NO.1 POLICE AGAINST THE PETITIONERS IN CRIME NO.367 OF 2022 FOR OFFENCES PUNISHABLE UNDER SECTIONS 498A, 309, 321, 351, 354, 503, 509 READ WITH SECTION 34 OF THE INDIAN PENAL CODE; AND ALL PROCEEDINGS IN PCR NO.883 OF 2022 FILED BY THE RESPONDENT NO.2 AGAINST THE PETITIONERS BEFORE THE II ADDI. CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL COURT, AT BENGALURU, VIDE ANNEXURE- A, B, C RESPECTIVELY. - 3 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 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 FIR in Crime No.367/2022 registered at Kumbalagodu Police Station, Ramanagara and all proceedings in PCR No.883/2022 pending before the learned II Additional Chief Judicial Magistrate, Bengaluru Rural Court at Bengaluru. 2. The learned Magistrate referred the complaint filed by respondent No.2 for investigation, consequent to which the aforementioned crime was registered against the petitioners for the offence punishable under Section 498A, 309, 321, 351, 354, 503, 509 r/w 34 of IPC. 3. A joint memo is filed, signed by petitioner No.2 and respondent No.2/defacto complainant and the learned counsel appearing for petitioners and respondent No.2. - 4 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 4. The contents of the joint memo are extracted here under: “The counsels for the Petitioners and Respondent No.2 most humbly submit that the Petitioner No.1 and Respondent No.2 have amicably resolved their matrimonial disputes and accordingly, a Decree for Divorce dated 15th October 2025 is passed by the Hon'ble Court of the VI Addl. Prl. Judge, at Bengaluru, in M.C.No.6331 of 2025, wherein the marriage solemnised between the Petitioner No.1 and Respondent No.2 on 11th May 2018 at Fortune Park, BBD-ITC Hotels, at Lucknow, stands dissolved. 1. It is submitted that the Petitioner No. 1 and Respondent No. 2 appeared before the Learned Mediator on 15th October 2025 in M.C. No. 6331 of 2025, wherein the Petitioner No. 1 and Respondent No. 2 had mutually agreed to dissolve their marriage in accordance with the terms mutually agreed under the Settlement Agreement drawn before the Learned Mediator. 2. It is further submitted that the Respondent No.2 had approached the Hon'ble Court of the II Additional Chief Judicial Magistrate, at Bengaluru, by filing a Petitioner under Section 12 of the Domestic Violence Act against the Petitioner No.1 (being the husband); Petitioner No.2 (being the father-in-law); Petitioner No.3 (being the mother- in-law) and Petitioner No.4 (being the brother-in- - 5 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 law). The said Petitioner was numbered as Criminal Miscellaneous Petition No.1299 of 2022, which stands withdrawn in terms of the Settlement Agreement filed in M.C.No.6331 of 2025. 3. It is further submitted that Respondent No.2 had expressly agreed in the Settlement Agreement to extend all necessary assistance and co-operation to the Petitioners for seeking quashment of the FIR in Crime No.367 of 2022 registered by the Respondent No.1 Police on the basis on the Private Complaint filed by the Respondent No.2 before the jurisdictional Magistrate. 4. It is further submitted that the Petitioners are handing over a Demand Draft bearing No.045641, dated 10th October 2025, drawn on Punjab National Bank, Park Street Branch, Kolkata, for a sum of Rs.22,00,000.00 (Rupees Twenty Two Lakhs Only) payable in favour of the Respondent No.2 before this Hon'ble Court towards permanent alimony payable by the Petitioner No.1 in favour of the Respondent No.2 as full and final settlement of all the claims made by the Respondent No.2 against the Petitioners. The said Demand Draft is handed over by the Petitioners to the Respondent No.2 in accordance with the terms of the Settlement Agreement. 5. It is further submitted that there are no pending case/s and/or complaint/s filed by the Respondent - 6 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 No.2 against the Petitioners before any court of law or competent authority. 6. It is further submitted that the Petitioner No.2 in his individual capacity & acting on behalf of Petitioner No.1, Petitioner No.3 & Petitioner No.4, and Respondent No.2 in her individual capacity have executed this Memo without any force, threat and coercion. The Parties are in full mental health and accordingly, this Hon'ble Court may be pleased to accept this Memo and QUASH the FIR in Crime No.367 of 2022 registered by the Respondent No.1 Police against the Petitioners for offences punishable under Sections 498A, 309, 321, 351, 354, 503, 509 read with Section 34 of the Indian Penal Code; and all proceedings in PCR No.883 of 2022 filed by the Respondent No.2 against the Petitioners before the Hon'ble II Addl. Chief Judicial Magistrate, Bengaluru Rural Court, at Bengaluru, in the interest of justice and equity.” 5. It is submitted that pursuant to the memorandum of settlement, the VI Additional Principal Bench, Family Court at Bengaluru in M.C.No.6331/2025, has dissolved the marriage of petitioner No.1 and respondent No.2, by a decree of divorce. The - 7 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 memorandum of settlement is produced at Annexure –A to the petition. 6. Para Nos.4 and 9 of the memorandum of settlement are extracted here under: “4. The 2nd petitioner has agreed to pay Rs.22,00,000/- (Rupees Twenty Two Lakhs Only) to the 1st petitioner towards permanent alimony as full and final settlement of all her claims by way of demand draft bearing No.0456541 dated: 10.10.2025 Panjab National Bank, Park street (Kolkata) Branch, West Bengal-700016 and the same shall be handed over to the 1st petitioner before the Hon'ble High Court of Karnataka in Crl.P./W.P. for quashing of FIR to be filed by the 2nd petitioner. 5. Both the petitioners state that have already exchanged their articles against each other. 6. Both the petitioners state that they have no claims over the movable or immovable properties either existing or to be acquired in future. 7. Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner. - 8 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 8. The 1st petitioner agreed and undertakes to withdraw the Crl.Misc.1299/2022 filed under section 12 of DV Act, pending on the file of ACJM- II, Bengaluru Rural District, Bengaluru on or before 17.10.2025. 9. The 2nd petitioner will approach the Hon'ble High Court of Karnataka at Bengaluru seeking quashing of the FIR registered in Crime No.367/2022 by the Kumbalagudu Police Station and pending on the file of the ACJM-II, Bengaluru Rural District, Bengaluru on or before 31.10.2025. The 1st petitioner will extend all necessary assistance and co-operation in the endeavour made by the 2nd petitioner to quash the above FIR. The 2nd petitioner undertakes to hand over the DD. to the 1st petitioner at the time of quashing of the said FIR before the Hon'ble High Court of Karnataka.” 7. Pursuant to the terms of the settlement, petitioner No.2 has handed over a DD bearing No.045641 dated 10.10.2025 drawn on Punjab National Bank, Park Street, Kolkata Branch, West Bengal, in the name of respondent No.2/defacto complainant, present before the Court. The receipt of the DD has been acknowledged by respondent No.2. - 9 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 8. 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.’ 9. Matter arises out of a matrimonial dispute, wherein the parties have amicably settled the dispute in terms of the memorandum of settlement filed before the Family Court, Bengaluru. Respondent No.2 present before the Court submits that she has no objection to quash the - 10 - HC-KAR NC: 2025:KHC:48485 WP No. 34887 of 2025 proceedings. Hence, no useful purpose will be served in continuing the criminal proceedings pending against the petitioners. In order to secure the ends of justice, it is expedient to quash the proceedings. Accordingly, the following: ORDER Petition is allowed. The entire proceedings in Crime No.367/2022 at Kumbalagodu Police Station, Ramanagara and the proceedings in PCR No.883/2022 pending before the learned II Additional Chief Judicial Magistrate, Bengaluru Rural Court at Bengaluru, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 79