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2025 DAILYLAW 55317 (KAR)

MR NAVEEN P S v. THE STATE OF KARNATAKA

WP/31744/2025 · 2025-11-18

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47459 WP No. 31744 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 31744 OF 2025 (GM-RES) BETWEEN: 1. MR. NAVEEN P.S. S/O LATE MR. SHANKAR P., AGED ABOUT 28 YEARS, RESIDING AT #67/2, KRISHNA ARYA ELEGANCE APARTMENTS, FLAT NO.A107, ASHOKAPURAM MAIN ROAD, MAHALAKSHMI LAYOUT, BANGALORE-560 022. 2. SMT. RATHNA W/O LATE SHANKAR P., AGED ABOUT 66 YEARS, RESIDING AT NO.107, KRISHNA ARYA ELEGANCE APARTMENTS, ASHOKAPURAM MAIN ROAD, MAHALAKSHMI LAYOUT, BANGALORE-560 022. 3. MR. SRINIVASA MURTHY S/O LATE K.R. ANANTHARAM SHETTY, AGED ABOUT 65 YEARS, BHASYAM CIRCLE, RAJAJINAGARA, BENGALURU CITY-560 010. 4. SMT. LAKSHMI W/O JAGADESH PRASAD, AGED ABOUT 62 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47459 WP No. 31744 of 2025 NEAR ANUBHAVA KALYANA MANTAPA, BASAVESHWARA NAGARA, BENGALURU-560 079. …PETITIONERS (BY SRI. MAHABALESHWAR CHITRIGEMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY NORTH WOMEN P.S., MALLESHWARAM SUB-DIVISION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. MRS. VARSHA N. W/O NAVEEN P.S., D/O R. NAGARAJ, NO.87, 2ND CROSS, BEHIND VIDHYA PEETA ROAD, BALAJI NAGAR, BANGALORE-560 085. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. MAYANNA GOWDA N.R., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO: (A) QUASH THE FIR IN CRIME NO.104/2024 REGISTERED BY THE RESPONDENT NO.1/POLICE PENDING ON THE FILE OF THE XXXII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, AT BENGALURU FOR THE ALLEGED OFFENCE UNDER SN. 498A, 504, 506, 34 OF IPC AND 3 AND 4 OF DOWRY PROHIBITION ACT, (PRODUCED VIDE ANNEXURE-A); (B) QUASH THE ENTIRE PROCEEDINGS AND CHARGESHEET IN C.C.NO.3481/2025 FILED AGAINST THE PETITIONERS PENDING BEFORE THE - 3 - HC-KAR NC: 2025:KHC:47459 WP No. 31744 of 2025 XXXII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, AT BENGALURU, FOR THE ALLEGED OFFENCE UNDER SN. 498A, 504, 506, 34 OF IPC AND 3 AND 4 OF DOWRY PROHIBITION ACT (PRODUCED VIDE ANNEXURE - C). 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 before this Court to quash the entire proceedings in CC No.3481/2025, pending before the XXXII Additional Chief Judicial Magistrate, Bengaluru. 2. Chargesheet is filed against the petitioners for the offence punishable 498(A), 504 and 506 r/w 34 of IPC and under Section 3 and 4 of the Dowry Prohibition Act, 1961. 3. Respondent No.2 lodged a complaint against the petitioners, on the basis of which the aforementioned proceedings are initiated. 4. The matter arises out of a matrimonial dispute, wherein a joint affidavit is now filed by petitioner No.1 and - 4 - HC-KAR NC: 2025:KHC:47459 WP No. 31744 of 2025 respondent No.2/de facto complainant. The same is placed on record. 5. Para-1 of the joint affidavit is extracted hereunder: “1. We state that we are the Petitioner No.1 and Respondent No.2 in the above said matter. We have entered into Settlement/Agreement before the mediation center Bangalore in M.C.No.4029/2025. By virtue of the Settlement/Agreement our marriage solemnized on 07.05.2023 is came to be dissolved vide order dated by 25.07.2025, passed by Hon'ble I Additional Family Court, at Bengaluru. We have agreed to close the criminal case filed against the Petitioners.” 6. Learned counsel appearing for the parties would submit that in MC No.4029/2025, the I Additional Principal Judge, Family Court, Bengaluru, vide order dated 25.7.2025 has dissolved the marriage between petitioner No.1 and respondent No.2 by granting a decree of divorce, in terms of the memorandum of settlement entered into between the parties. - 5 - HC-KAR NC: 2025:KHC:47459 WP No. 31744 of 2025 7. Petitioner No.1 and respondent No.2 are present before the Court. Respondent No.2 submits that in view of the settlement, she is not interested in prosecuting the matter further and she has no objection to quash the proceedings pending against the petitioners. 8. The Hon’ble 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. It is further held that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. - 6 - HC-KAR NC: 2025:KHC:47459 WP No. 31744 of 2025 9. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Supreme Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and the compromise is entered into between the parties. 10. In the above facts and circumstances, this Court is of the considered view that to secure the ends of justice, it is just and proper to quash the proceedings pending against the petitioners. Hence, the following: ORDER i. Petition is allowed. ii. The entire proceedings in CC No.3481/2025 pending before the Court of the XXXII Additional Chief Judicial Magistrate, Bengaluru, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 95