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2025 DAILYLAW 68023 (KAR)

MRS. NISARGA M K v. STATE OF KARNATAKA

CRL.P/15208/2025 · 2025-11-05

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45151 CRL.P No. 15208 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15208 OF 2025 BETWEEN: 1. MRS. NISARGA M. K. W/O. MR. CHETHAN KUMAR. S, AGED ABOUT 28 YEARS, 2. SRI KRISHNA KUMAR S/O SRI M. B. APPANNAGOWDA AGED ABOUT 60 YEARS, 3. SMT. PUSHPA W/O SRI KRISHNAKUMAR , AGED ABOUT 53 YEARS, ALL ARE R/AT NO. 962, 5TH MAIN, 7TH CROSS, D-GROUP LAYOUT, SRIGANDHADA KAVAL, BENGALURU - 560 091 …PETITIONERS (BY SRI. MAHESHWARI D.M., ADVOCATE) AND: 1. STATE OF KARNATAKA KAMAKSHIPALYA POLICE STATION, REPTD. BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001 2. SMT. THANUSHREE. M.D. GOWDA, D/O. H.K. MANJUNATH, AGED ABOUT 24 YEARS R/AT NO. 61/02, 1ST MAIN, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45151 CRL.P No. 15208 of 2025 2ND B CROSS, MAHADESHWARA TEMPLE ROAD, RANGANATHAPURA, KAMAKSHIPALYA, BANGALORE - 560 079 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. DHANANJAYA D.L., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE COMPLAINT IN C.C.NO.26558/2025 (PCR NO.8976/2025) FILED BY THE RESPONDENT NO.2 AGAINST THE PETITIONERS BEFORE THE HONBLE L ADDL.CJM, BANGALORE (ANNEXURE-A) AND ETC. 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 seeking to quash the complaint in CC.No.26558/2025, pending before the Learned L Additional Chief Judicial Master, arising out of PCR No. 8976/2025 and the entire proceedings herein. 2. Complaint is filed by respondent No.2 herein, against the petitioners alleging offence punishable under Section 356(1), (2), and (3), 45 and 46 of BNS 2023. 3. Joint application is filed by the petitioners and respondent No.2 under Section 359, read with 528 and - 3 - HC-KAR NC: 2025:KHC:45151 CRL.P No. 15208 of 2025 529 of BNSS 2023. It is stated that at the intervention of well-wishers, family and friends, both the parties have decided not to proceed with cases /complaints filed against each other or their families and give quietus to the litigation between them. 4. Para 9 to 11 of the application are extracted hereunder:- 9. It is submitted that due to intervention of well- wishers, family and friends of the parties, both the parties have decided not to proceed with the cases/ complaints filed against each other or their families and give quietus to the litigation between them. 10. With free will and consent and without there any being force and threat, the parties have decided to withdraw all the allegations made against each other in the complaints/ cases, filed/pending between them before the court of Law and other Authorities, if any. Both the parties submit that they have not suffered any injury, whatsoever and there is no commission of any crime from either of the parties. 11. Both parties submit that there has been no collusion or force, fraud or any undue influence entering into this compromise in the aforesaid manner. Similarly, both the parties have no claims, whatsoever against each other. - 4 - HC-KAR NC: 2025:KHC:45151 CRL.P No. 15208 of 2025 5. The petitioners as well as respondent No.2 are present before the Court. They are identified by their respective learned counsels. They submit that the matter has been settled. Respondent No.2 submits that in view of the settlement, she has no objection to quash the proceedings. 6. Having perused the averments in the complaint, this Court is of the considered opinion that the matter is purely private in nature, wherein both the parties have resolved the disputes among themselves. Joint application is signed by the petitioners as well as respondent No.2. 7. In 'B.M.Joshi V/s. State of Haryana', reported in (2003) 4 SCC 675, the Apex Court has upheld the powers of the High Court under Section 482 of the Code, (528 of the BNSS) to quash criminal proceedings, where dispute is private nature and a compromise is entered into between the parties, willing to settle their differences amicably. In view of the settlement and joint application filed, no purpose would be served in continuing the proceedings - 5 - HC-KAR NC: 2025:KHC:45151 CRL.P No. 15208 of 2025 pending against the petitioners. Accordingly, the following:- ORDER i) Petition is allowed. ii) The entire proceedings in C.C.No.26558/2025 arising out of PCR No. 8976/2025, pending before the learned L Additional Chief Magistrate, Bengaluru, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 2 Sl No.: 1