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2025 DAILYLAW 51055 (KAR)

SMT REKHA N M v. STATE OF KARNATAKA

WP/38534/2025 · 2025-12-19

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:54592 WP No. 38534 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 38534 OF 2025 (GM-RES) BETWEEN: SMT. REKHA N.M. AGED 39 YEARS, D/O MALLESHAIAH, RESIDING AT NO.10/1, BHYRASIDDESHWARA NILAYA, BHOOPASANDRA MAIN ROAD, NAGASHETTYHALLI, BENGALURU-560 094. &PETITIONER (BY SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SANJAY NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MR. ABHISHEK AGED 35 YEARS, S/O LATE BASAVARAJU, R/AT NO.60, 2ND CROSS, UAS LAYOUT, BHOOPASANDRA, SANJAY NAGAR, BENGALURU-560 094. &RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54592 WP No. 38534 of 2025 (BY SRI. RAHUL RAI K., HCGP FOR R1; SMT. A. NANCY PRINCE, 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 QUASH THE PROCEEDINGS IN C.C.NO.18315/2023 ARISING OUT OF FIR IN CRIME NO.81/2023 DATED 04.09.2025 REGISTERED BY THE RESPONDENT NO.1 SANJAY NAGAR POLICE FOR THE OFFENCE PUNISHABLE UNDER SEC. 341, 354(D) AND 504 OF IPC PENDING ON THE FILE OF VIII ACMM, BANGALORE VIDE ANNEXURE-D, IN SO FAR AS THE RESPONDENT NO.2 IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the proceedings in C.C.No.18315/2023 arising out of FIR in Crime No.81/2023 registered at Sanjay Nagar Police Station, Bengaluru City, pending on the file of VIII ACMM, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:54592 WP No. 38534 of 2025 2. FIR is registered on a complaint lodged by respondent No.2, for the offence punishable under Section 341, 354(D), 504 of IPC. On completion of investigation, chargesheet has been filed against the petitioner. 3. An application is filed under Section 528 of BNSS, 2023 by the learned counsel appearing for parties, to permit them to compromise the dispute and to quash the proceedings. Petitioner and respondent No.2/defacto complainant have filed affidavits, wherein it is stated that they have amicably settled the dispute and sought to permit them to compound the offence. 4. Respondent No.2 has stated that she wish to lead a peaceful life by burying the hatchet. Hence, she do not wish to prosecute the case any more. She has further stated that the compromise is entered by her voluntarily and there is no coercion or undue influence whatsoever. In the affidavits, the parties have undertaken not to interfere the lives of each other. - 4 - HC-KAR NC: 2025:KHC:54592 WP No. 38534 of 2025 5. Perusal of the complaint averments goes to show that dispute is private in nature, between the petitioner and respondent No.2. The said dispute has been now resolved and the parties have amicably settled the matter. 6. The Hon9ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. 7. In the facts and circumstances, no purpose will be served by continuing the proceedings pending against the petitioner. In order to bring quietus to the entire lis, it is expedient to quash the proceedings, to secure the ends of justice. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:54592 WP No. 38534 of 2025 ORDER Petition is allowed. The entire proceedings in C.C.No.18315/2023 pending before the VIII ACMM, Bengaluru are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 56