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2025 DAILYLAW 70144 (KAR)

SRI. SANTHOSH v. THE STATE OF KARNATAKA

CRL.P/15081/2025 · 2025-11-12

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46092 CRL.P No. 15081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15081 OF 2025 BETWEEN: 1. SRI. SANTHOSH S/O NAGARAJU, AGED ABOUT 33 YEARS, 2. SMT. VIJAYALAKSHMI W/O NAGARAJU, AGED ABOUT 50 YEARS, 3. SRI. NAGARAJU S/O LATE SANNAIAH, AGED ABOUT 60 YEARS, ALL ARE RESIDING AT CHIKKENAHALLI VILLAGE, KYLANCHA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 159. …PETITIONERS (BY SRI. VINOD KUMAR C.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE STATION RAMANAGARA. REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46092 CRL.P No. 15081 of 2025 2. SMT. SARASWATHI W/O SRI. SANTHOSHA, AGED ABOUT 34 YEARS, R/AT CHIKKENAHALLI VILLAGE, KYLANCHA HOBLI, RAMANAGARA TALUK AND DISTRICT, RAMANAGARA-562 159. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1; SRI. SHUBHANKAR C., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.268/2016 WHICH IS PENDING BEFORE THE ADDITIONAL CIVIL JUDGE (JR.DN) AND J.M.F.C., RAMANAGARA FOR THE OFFENCE UNDER SECTION 323, 498(A), 504, 506 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the entire proceedings in C.C.No.268/2016 pending before the Hon’ble Additional Civil Judge (Jr. Dn) and JMFC, Ramanagara, for the offence punishable under Section 323, 498A, 504, 506 r/w 34 of IPC. - 3 - HC-KAR NC: 2025:KHC:46092 CRL.P No. 15081 of 2025 2. Respondent No.2/defacto complainant set the law into motion, by lodging a complaint against the petitioners, which was registered in Crime No.107/2015 of Ramanagara Rural Police Station. Consequent to investigation, chargesheet was filed against the petitioners. 3. A joint memo is filed, signed by the petitioners as well as respondent No.2 and respective counsels appearing for them. It is stated that petitioner Nos.1 and 2 are living together for the past one year as husband and wife under one roof and respondent No.2 has expressed that she has no intention to proceed with the criminal case pending against the petitioners. 4. Joint memo is placed on record. 5. Respondent No.2/defacto complainant present before the Court submits that the matter has been settled and she is living with her husband/petitioner No.1 and she has no objection to quash the proceedings. - 4 - HC-KAR NC: 2025:KHC:46092 CRL.P No. 15081 of 2025 6. 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.’ 7. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Apex Court has held that even though the provisions of Section 320 Cr.P.C., would not apply to such offences - 5 - HC-KAR NC: 2025:KHC:46092 CRL.P No. 15081 of 2025 which are not compoundable, it did not limit or affect the powers under Section 482 Cr.P.C. 8. The matter arises out of a matrimonial dispute, wherein the parties have settled the dispute among themselves and filed a joint memo. Hence, no useful purpose will be served in continuing the criminal proceedings against the petitioners. The inherent power of this Court can be exercised to quash the proceedings, to meet the ends of justice. Accordingly, the following: ORDER Petition is allowed. The entire proceedings in C.C.No.268/2016 pending before the Court of Additional Civil Judge (Jr.Dn) and JMFC, Ramanagara, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 59