- 1 - HC-KAR NC: 2025:KHC:48483 CRL.P No. 8915 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 CRIMINAL PETITION NO. 8915 OF 2025 BETWEEN: SOURABH KUMAR SANYAL S/O SUBIR KUMAR SANYAL, AGED ABOUT 38 YEARS, R/AT FLAT NO.A-279, BLOCK 6F GM, INFINITE ECITY TOWN, THIRUPALYA ROAD, ELECTRONIC CITY, PHASE 1, BENGALURU-100. &PETITIONER (BY SRI. PRASHANTH P.N., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH EAST ZONE WOMEN POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SHRESHTA BANERJEE D/O SAMARJIT BANERJEE, AGED ABOUT 32 YEARS, R/AT FLAT NO.A-279, BLOCK 6F, GM INFINITE, ELECTRONIC CITY, PHASE-I, NEO TOWN, BENGALURU. &RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48483 CRL.P No. 8915 of 2025 (BY SRI. RAHUL RAI K., HCGP FOR R1; SMT. DISHA GARG, ADVOCATE FOR SRI./SMT. ASHWINI PATIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO: (A) QUASH THE FIR IN CR.NO.215/2022 EAST ZONE WOMEN P.S., ON THE FILE OF XI ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU, PRODUCED HERE AS ANNEXURE-A; b) QUASH THE C.C.NO.12477/2023 ON THE FILE OF THE XI ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU AS THE PROCEEDINGS BEING AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The FIR in Crime No.215/2022 registered at East Zone Women Police Station, Bengaluru City and the chargesheet filed in C.C.No.12477/2023, pending on the file of XI Additional Chief Judicial Magistrate, Bengaluru are sought to be quashed in this petition preferred under Section 482 of Cr.P.C. 2. Law was set in motion by respondent No.2, consequent to which the aforementioned crime was registered against the petitioner for the offence punishable - 3 - HC-KAR NC: 2025:KHC:48483 CRL.P No. 8915 of 2025 under Section 498A, 323, 504 and 506 of IPC and Section 4 of the Dowry Prohibition Act, 1961. On completion of investigation, chargesheet is filed. 3. A memo is filed by the learned counsel for respondent No.2 stating that the matter has been settled and respondent No.2 has no objection to quash the criminal proceedings now pending in C.C.No.12477/2023 before the XI Additional Chief Judicial Magistrate, Bengaluru. 4. Memo is placed on record. 5. Para Nos.1 to 3 of the memo are extracted here under: <1. It is submitted that the Petitioner was the legally wedded husband of the Respondent No.2. Due to several reasons, the Respondent No.2 was constrained to file a petition seeking divorce and the same came to be registered as M.C.No.1/2023 on the file of the Hon'ble VII Additional Civil Judge, Bangalore Rural. The Respondent No.2 has also filed a complaint bearing C.C.No.12477/2023 alleging offences under Sections 498A, 323, 504, - 4 - HC-KAR NC: 2025:KHC:48483 CRL.P No. 8915 of 2025 and 506 of the Indian Penal Code, 1860 read with Section 4 of the Dowry Prohibition Act. 2. It is submitted that the Hon'ble VII Additional Civil Judge, Bangalore Rural, was pleased to refer the matter to mediation. The parties have appeared before the Karnataka Mediation Centre, Bengaluru, and, after due deliberations, voluntarily entered into a Mediation Settlement Agreement dated 07/12/2024, whereby they have agreed to settle all their disputes on the terms recorded therein. The same has been considered by the Hon'ble VII Additional Civil Judge, Bangalore Rural in the final order dated 16/12/2024. A copy of the said Agreement and order is attached herewith as Annexure A. 3. Without prejudice to all the rights and contentions of the Respondent No.2 and in due consideration of the amicable settlement between the parties, the Respondent No.2 submits that she has no objection to the quashing of the criminal proceedings in C.C.No.12477/2023 before XI Addl. Chief Judicial Magistrate, Bangalore, in terms of the settlement agreement.= 6. Petitioner and respondent No.2/defacto complainant are present before the Court. Memo is signed by respondent No.2. She submits that in view of the - 5 - HC-KAR NC: 2025:KHC:48483 CRL.P No. 8915 of 2025 settlement taken place before the Mediation Centre, Bengaluru, she has no objection to quash the proceedings. 7. Along with the memo, memorandum of settlement filed under Section 89 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 before the VII Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in M.C.No.1/2023, is enclosed. 8. Para No.6 of the memorandum of settlement is extracted here under: <6. Both the parties agreed to cooperate with each other for closing/quashing of CC No.12477/2023 filed under Section 498-A of IPC and 3 & 4 of D P Act, which is pending before 11th ACMM, Bengaluru.= 9. The parties present before the Court submits that in terms of the memorandum of settlement, the proceedings may be quashed. 10. The Hon9ble Supreme Court in the case of Jitendra Raghuvanshi and others v. Babita - 6 - HC-KAR NC: 2025:KHC:48483 CRL.P No. 8915 of 2025 Raghuvanshi and another reported in 2013(2) Crimes 90(SC), has held that 8the 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 11. Matter arises out of a matrimonial dispute, wherein, respondent No.2/defacto complainant has filed a memo reporting settlement, in terms of the memorandum of settlement filed before the VII Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in M.C.No.1/2023. In view of the same, no useful purpose will be served in continuing the proceedings against the - 7 - HC-KAR NC: 2025:KHC:48483 CRL.P No. 8915 of 2025 petitioner. Hence, to secure the ends of justice, it is just and proper to quash the proceedings. Accordingly, the following: ORDER Petition is allowed. The entire proceedings in C.C.No.12477/2023, pending on the file of XI Additional Chief Judicial Magistrate, Bengaluru are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 77