Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48215 CRL.P No. 10398 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10398 OF 2024
BETWEEN:
1.
MANJUNATH H.N.
S/O LATE NAGARAJA, AGED ABOUT 32 YEARS,
2. INDIRA W/O LATE NAGARAJA, AGED ABOUT 53 YEARS, 5TH CROSS COCO GARDEN, DWARAKANAGAR, BANGALORE ALSO AT, NO.9, 12TH MAIN, GRAPE GARDEN LAYOUT, HOSAKEREHALLI, BANGALORE-560 065. …PETITIONERS
(BY SRI. JAGADEESH C.G., ADVOCATE FOR SRI. B.V.M. ADEKAR, ADVOCATE)
AND:
1.
STATE BY KARNATAKA BASAVANAGUDI POLICE REPRESENTED BY PUBLIC PROSECUTOR
2. VISMITHA W/O MANJUNATH, AGED ABOUT 25 YEARS, NO.77, 2ND MAIN ROAD, ARALIMARA ROAD,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:48215 CRL.P No. 10398 of 2024
KAMAKSHIPALYA, BANGALORE-560 079. …RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1;
SMT. MANGALAMMA R., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO CALL FOR RECORDS AND QUASH THE PROCEEDINGS IN C.C.NO.841/2024 ON THE FILE OF XXXVII ADDITIONAL METROPOLITAN MAGISTRATE COURT, NRUPATUNGA ROAD, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504 OF IPC BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER This petition is preferred under Section 528 of the BNSS, 2023 seeking to quash the proceedings in CC No.841/2024, pending on the file of XXXVII Additional Metropolitan Magistrate Court, Bengaluru. 2. FIR is registered on a complaint lodged by the respondent No.2 against the petitioners, for the offence punishable under Section 498A, 323 and 504 of IPC and Section 4 of the Dowry Prohibition Act. - 3 -
HC-KAR NC: 2025:KHC:48215 CRL.P No. 10398 of 2024
3. A joint memo is filed, signed by the petitioners, respondent No.2/defacto complainant and the learned counsel appearing for them, wherein, it is stated that the parties have settled the disputes between them amicably out of Court and have decided to end their matrimonial relationship. As per settlement both parties have filed divorce petition by mutual consent bearing M.C.No.6179/2025 before the I Additional Principal Judge, Family Court at Bengaluru, with conditions to withdraw all the cases filed against each other. 4. Petitioners and respondent No.2 are present before the Court. Affidavits are filed by petitioner No.1 and respondent No. 2/defacto complainant, confirming the settlement. The parties before the Court would submit that in view of the settlement the proceedings may be quashed. 5. Respondent No.2/Defacto complainant submits that in view of the settlement, she is not interested in proceeding with the matter any further and she has no objection to quash the proceedings. - 4 -
HC-KAR NC: 2025:KHC:48215 CRL.P No. 10398 of 2024
6. Affidavits filed by the parties are placed on record. 7. 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. 8. Matter arises out of a matrimonial dispute, which is purely private in nature.
The parties have settled the dispute amicably and they have filed their affidavits. Hence, no useful purpose will be served in continuing the
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HC-KAR NC: 2025:KHC:48215 CRL.P No. 10398 of 2024
proceedings against the petitioners before the trial Court. In the interest of justice, it is expedient to quash the proceedings, exercising the inherent jurisdiction of this Court. Accordingly, the following:
ORDER Application is allowed. Consequently, the petition is allowed. The entire proceedings in CC No.841/2024, on the file of the XXXVII Additional Metropolitan Magistrate Court, Bengaluru, for the offence punishable under Section 498A, 323 and 504 of IPC and Section 4 of the Dowry Prohibition Act, are quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 80