- 1 - HC-KAR NC: 2025:KHC:50340 CRL.P No. 16376 of 2025 C/W CRL.P No. 11196 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16376 OF 2025 C/W CRIMINAL PETITION NO. 11196 OF 2023 IN CRL.P No. 16376/2025 BETWEEN: SRI. DHARAMAPAL H.S. AGED ABOUT 40 YEARS, S/O SRI. H. SOMAIAH, R/AT NO.38, 7TH CROSS, 1ST MAIN, KAVERAPPA LAYOUT, AKASH NAGAR, A NARAYANPURA, BENGALURU - 560 016 …PETITIONER (BY SRI. ANOOP HARANAHALLI, ADVOCATE FOR SRI. SRINIVAS RAO S.S., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MAHADEVAPURA POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILIDNG, BENGALURU - 560 001 2. SMT. NAYANA H. AGED ABOUT 36 YEARS, W/O SRI. DHARAMAPAL, R/AT N.142, 2ND FLOOR, CENTRAL JAIL ROAD, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50340 CRL.P No. 16376 of 2025 C/W CRL.P No. 11196 of 2023 BENGALURU - 560 099. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1 SRI. T.A. RAJASHEKAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.52292/2020 PENDING ON THE FILE OF THE XXIX ADDL. CJM, BENGALURU FOR THE OFFENCES P/U/S. 498A, 323, 506 R/W 34 OF IPC, 1860 AND SECTIONS 3 AND 4 D.P. ACT. 1961, ARISING OUT OF CRIME NO.350/2019M REGISTERED BY MAHADEVAPURA POLICE. IN CRL.P NO. 11196/2023 BETWEEN: 1. SMT PREMA AGED ABOUT 59 YEARS, W/O SRI H SOMAIAH R/AT NO. 38, 7TH CROSS, 1ST MAIN, KAVERAPPA LAYOUT, AKASH NAGAR, A NARAYANAPURA, BENGALURU - 560 016. 2. SRI LOKPAL AGED ABOUT 36 YEARS, S/O SRI H SOMAIAH R/AT NO. 38, 7TH CROSS, 1ST MAIN, KAVERAPPA LAYOUT, AKSHYANAGAR, NARAYANAPURA, BENGALURU - 560 016. ...PETITIONERS (BY SRI. ANOOP HARANAHALLI, ADVOCATE FOR SRI. SRINIVAS RAO S.S., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:50340 CRL.P No. 16376 of 2025 C/W CRL.P No. 11196 of 2023 AND: 1. STATE OF KARNATAKA BY MAHADEVAPURA POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. NAYANA H AGED ABOUT 34 YEARS, W/O SRI DHARMAPAL, R/AT N. 142, 2ND FLOOR, CENTRAL JAIL ROAD, BENGALURU - 560 099. ...RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1 SRI. GURUPRASAD A., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.52292/2020 PENDING ON THE FILE OF THE XXIX A.C.M.M BENGALURU FOR THE OFFENCES P/U/S 498A,323,506 R/W 34 OF IPC AND SECTIONS 3,4 OF D.P. ACT AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both these petitions arise out of Crime No.350/2019 of Mohadevapura Police Station, Bengaluru City, registered for the offence Punishable under Section 498-A, 323, 504, - 4 - HC-KAR NC: 2025:KHC:50340 CRL.P No. 16376 of 2025 C/W CRL.P No. 11196 of 2023 506 read with Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act. 2. Charge sheet is filed for the offence Punishable under Section 498-A, 323, 506 read with Section 34 of IPC, and Section 3 and 4 of the Dowry Prohibition Act, 1961. 3. Petitions are filed seeking to quash the entire proceedings now pending in C.C.No.52292/2020 on the file of the Court of XXIX Additional CMM, Bengaluru. 4. Crl.P.No.16376/2025 is preferred by accused No.1 and Crl.P.No.11196/2023 is by accused Nos.2 and 3 respectively. In both the petitions, parties are present before the Court and they have filed a joint memo reporting settlement. 5. In the joint memo filed in Crl.P.No.16376/2025, it is stated that as per the settlement terms, the petitioner has agreed to pay a sum of Rs.16,00,000/- to respondent No.2 as one time settlement, out of which a sum of - 5 - HC-KAR NC: 2025:KHC:50340 CRL.P No. 16376 of 2025 C/W CRL.P No. 11196 of 2023 Rs.4,00,000/- is paid today vide demand draft bearing number 718772, dated, 01.12.2025 drawn on Kotak Mahindra Bank, Thubrahalli, Branch in favour of the second respondent. Receipt of DD has been acknowledged by the second respondent, present before the Court. It is further stated that as per terms of settlement, remaining amount i.e., Rs.12,00,000/- will be deposited before the Court of Principal Family Judge, Shivamogga, where M.C.No.390/2025 is pending. 6. Respondent No.2 / defacto complainant present before the Court, submits that in view of the settlement and in terms of the joint memo, she has no objection to quash the proceedings against the petitioners. 7. In B.S. JOSHI AND OTHERS V/S. STATE OF HARYANA AND ANOTHER reported in (2003) 4 SCC 675, the Hon'ble Apex Court has held that it becomes the duty of the Court to encourage genuine settlement of matrimonial dispute and in exercise of its inherent power, High Court can quash - 6 - HC-KAR NC: 2025:KHC:50340 CRL.P No. 16376 of 2025 C/W CRL.P No. 11196 of 2023 criminal proceedings and Section 320 of the code does not limit or affect the powers under section 482 of Cr.P.C. 8. The Hon'ble Apex Court in NARIDER SINGH AND OTHERS 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 to: i) secure ends of justice, or ii) to prevent abuse of the process of any Court. Those criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute should be quashed when parties have resolved their entire dispute among themselves. 9. Matter arises out of matrimonial dispute, wherein, M.C.No.390/2025 is pending before the Court of Principal Family Judge, Shivamogga. Parties have agreed to obtain decree for divorce by way of mutual consent. Respondent No.2 has expressed her wish not to continue with the criminal proceedings initiated against the petitioners and stated that she has no objection to quash - 7 - HC-KAR NC: 2025:KHC:50340 CRL.P No. 16376 of 2025 C/W CRL.P No. 11196 of 2023 the proceedings. Hence, no useful purpose will be served in allowing the proceedings to continue against the petitioners. In the interest of justice, it is expedient to quash the proceedings. Accordingly, the following:- ORDER i) Petitions are allowed. ii) The entire proceedings as against the petitioners / accused Nos.1 to 3 in C.C.No.52292/2020, pending on the file of the Court of XXIX Additional CMM, Bengaluru are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 85