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2025 DAILYLAW 56482 (KAR)

KAUSHIK JEETENDRA v. STATE OF KARNATAKA

CRL.P/10722/2025 · 2025-12-16

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53640 CRL.P No. 10722 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10722 OF 2025 BETWEEN: 1. KAUSHIK JEETENDRA AGED ABOUT 30 YEARS, S/O. JEETENDRA G 2. HEMALATHA J W/O JEETENDRA G AGE- 50 YEARS 3. JEETENDRA G S/O GAJENDRA RAO AGE- 55 YEARS ALL ARE RESIDING AT NO.942, 2ND CROSS, MAIN, 50 FEET ROAD BSK 3RD STAGE, BENGALURU CITY, KARNATAKA-560085. …PETITIONERS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BASAVANGUDI WOMEN POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE- 560001 2. SMT. DIVYA KIRAN KAKDE W/O KAUSHIK JEETENDRA, AGED ABOUT 24 YEARS R/ AT NO. -57, VIHAR 3RD A CROSS, MUNIYELLAPPA GARDEN EJIPUR VIVEK NAGAR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53640 CRL.P No. 10722 of 2025 BENGALURU CITY, KARNATAKA- 560047 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. M.N. LEELARAJU, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.47/2024 DATED 26.02.2024 IN CC.NO.2834/2025 AT BASAVANAGUDI WOMEN PS. FOR THE OFFENCE P/U/S. 498A, 504, 526 OF IPC, 1860 AND SEC.3 AND 4 OF D.P. ACT, 1961 PENDING BEFORE THE HONORABLE XXXVII ACJM, AGAINST THE PETITIONERS. 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 seeking to quash the FIR in Crime No.47/2024 of Basavanagudi Women Police Station, Bengaluru City, and the proceedings in C.C.No.2834/2025 pending before the learned XXXVII ACJM, Bengaluru. 2. Matter arises out of matrimonial dispute. Law was set in motion by respondent No.2. Charge sheet is filed against the petitioners for the offence pus 498A, 323, 504, 506 read with Section 34 of IPC and section 3 and 4 of the Dowry Prohibition Act, 1961. - 3 - HC-KAR NC: 2025:KHC:53640 CRL.P No. 10722 of 2025 3. It is submitted that the parties have amicably settled all the dispute among themselves and they have filed memorandum of settlement before the Family Court at Bengaluru in M.C.No.7103/2025, consequent to which, the Family Court has passed a decree dissolving the marriage. 4. A memo is filed along with the order passed in M.C.NO.7103/2025 by the Court of V Additional Principal Judge, Family Court, Bengaluru and the memorandum of settlement filed under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2008. 5. Paragraph No.8 of the memorandum of settlement is extracted here under:- "In view of this settlement the 1st Petitioner undertakes to withdraw Crl.Misc.No.879/2023 filed against the 2nd Petitioner for maintenance pending on the file of V Addl. Family court, Bengaluru. Further the 1st Petitioner undertakes to co-operate with the 2nd Petitioner in closing/quashing the - 4 - HC-KAR NC: 2025:KHC:53640 CRL.P No. 10722 of 2025 proceedings in C.C.No.2834/2025 pending on the file of 37th ACJM, Bengaluru." 6. Petitioner Nos.2 and 3 and respondent No.2 / defacto complainant are present before the Court. Petitioner No.1 is represented by his father, i.e., petitioner No.3. Power of Attorney is furnished along with a memo. 7. The compromised petition is filed under Section 320(2) of Cr.P.C. signed by the respective parties and the learned counsel appearing for them. Paragraph No.2 of the petition is as under:- "2. The parties herein submit that, due to the intervention of well-wishers, they have settled the dispute between them amicably and even the marriage between the first petitioner and second respondent herein has been dissolved by mutual consent by entering into a Settlement Agreement before the Medication Centre, Bengaluru, as such, this Hon'ble Court may be pleased to permit them to compound the same by allowing the petition filed by the petitioners, for quashing." - 5 - HC-KAR NC: 2025:KHC:53640 CRL.P No. 10722 of 2025 8. Respondent No.2 / defacto complainant submits that the matter has been settled and therefore, she does not wish to proceed with the matter any further and she has no objection to quash the proceedings. 9. The Hon’ble 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 ‘the 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.’ - 6 - HC-KAR NC: 2025:KHC:53640 CRL.P No. 10722 of 2025 10. In the facts and circumstances, no purpose will be served in continuing the proceedings against the petitioners. Hence, to meet the ends of justice, it is just and necessary to quash the proceedings. Accordingly, the following:- ORDER i) Petition is allowed. ii) The entire proceedings in C.C.No.2834/2025 pending before the learned XXXVII ACJM, Bengaluru arising out of Crime No.47/2024 of Basavanagudi Women Police Station, Bengaluru City, are quashed. Look out notice, if any, issued against the petitioner, relating to this case, shall be withdrawn by the concerned police. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 138