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2025 DAILYLAW 51162 (KAR)

SRI GURUCHARAN PRABHAKAR v. THE STATION HOUSE OFFICER

CRL.P/14688/2025 · 2025-11-24

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48482 CRL.P No. 14688 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. 14688 OF 2025 BETWEEN: SRI. GURUCHARAN PRABHAKAR S/O LATE B. PRABHAKAR, AGED 35 YEARS, RESIDING AT FLAT NO.D-401, VDB CELEDON APARTMENT, NEHARU LAYOUT, BENGALURU-560 064. &PETITIONER (BY SRI. N.R. NAIK, ADVOCATE) AND: 1. THE STATION HOUSE OFFICER YELAHANKA POLICE STATION, YELAHANKA, BENGALURU CITY. REPRESENTED BY SSP, HON'BLE HIGH COURT OF KARNATAKA COMPLEX, BANGALORE. 2. SMT. SNEHA B. W/O GURUCHARAN PRABHAKAR, AGED ABOUT 32 YEARS, RESIDING AT NO.D401, VDB CELADON, NEHARU NAGAR, SURABI LAYOUT, BENGALURU-560 064. &RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48482 CRL.P No. 14688 of 2025 SMT. USHA B., ADVOCATE FOR SRI. KESHAVA KUMAR B., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED IN CRIME NO.302/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A, 355 OF IPC AND 3 AND 4 OF DOWRY PROHIBITION ACT AND SUBSEQUENTLY ON INVESTIGATION, THE CHARGE SHEET HAS BEEN FILED IN C.C.NO.143/2024 BY YELAHANKA P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A, 355 OF IPC AND 3 AND 4 OF DOWRY PROHIBITION ACT ON THE FILE OF 37TH ADDL. CMM COURT, NRUPATHUNGA ROAD, BENGALURU CITY WHICH IS PRODUCED AT 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 FIR and complaint in Crime No.302/2023 registered for the offence punishable under Section 498A, 355 r/w 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. - 3 - HC-KAR NC: 2025:KHC:48482 CRL.P No. 14688 of 2025 2. Charge sheet is filed and proceedings are pending before the Learned XXXVII Additional CMM Court, Bengaluru City in CC No.143/2024. 3. The FIR was registered on a complaint lodged by respondent No.2 herein against the petitioner, his mother and sister. While filing charge sheet, accused Nos.2 and 3 are dropped. 4. The dispute arises out of matrimonial differences between the couple. It is stated that the petitioner and respondent No.2 appeared before the Mediation Centre, wherein the matter was settled. Petitioner has agreed to pay a sum of Rs.50,00,000/- towards full and final settlement and towards future maintenance to respondent No.2 and their daughter. It is also submitted that the parties have agreed to file a joint petition for dissolution of marriage and the Family Court, Bengaluru in M.C.No.7102/2025 has dissolved the marriage between the petitioner and respondent No.2. - 4 - HC-KAR NC: 2025:KHC:48482 CRL.P No. 14688 of 2025 5. It is submitted by the learned counsel appearing for both the parties that in view of the settlement, the proceedings may be closed, as the parties have agreed to adhere to the conditions of settlement, wherein out of Rs.50,00,000/-, petitioner has already paid a sum of Rs.40,00,000/- in the proceedings before the Family Court. It is submitted that the balance amount i.e., Rs.10,00,000/- is being paid today. 6. Petitioner is present in the Court. Respondent No.2/defacto complainant is present through VC. The parties are identified by their respective learned counsel. 7. Today, a DD bearing No.389998 drawn in favour of respondent No.2 herein for a sum of Rs.10,00,000/- has been handed over to the learned counsel for respondent. The receipt of DD has been acknowledged. On the ground of settlement, the parties are seeking to close the proceedings. - 5 - HC-KAR NC: 2025:KHC:48482 CRL.P No. 14688 of 2025 8. Matter arises out of a matrimonial dispute, wherein petitioner and respondent No.2 have obtained a decree of divorce before the Family Court, Bengaluru. Respondent No.2 appearing through VC submits that she has no objection to quash the proceedings pending against the petitioner. 9. The learned counsel appearing for parties would submit that respondent No.2 and her father have preferred Crl.P No.3121/2024 before this Court challenging the proceedings initiated by the petitioner herein, pending in C.C.No.2899/2024 on the file of the XXXVII ACMM, Bengaluru. Petitioner would submit that he has no objection to quash the said proceedings. 10. The Hon9ble 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 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 - 6 - HC-KAR NC: 2025:KHC:48482 CRL.P No. 14688 of 2025 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. In the above facts and circumstances and to secure the ends of justice, it is expedient to allow the petition and quash the proceedings pending against the petitioner. Accordingly, the following: ORDER Petition is allowed. The entire proceedings pending against the petitioner on the file of the learned XXXVII Additional CMM Court, Nrupatanga Road, Bangalore City, for the offence - 7 - HC-KAR NC: 2025:KHC:48482 CRL.P No. 14688 of 2025 punishable under Section 498A, 355 r/w 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 46