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2025 DAILYLAW 70193 (KAR)

SRI.RAVIRAJ CHEDGA v. STATE OF KARNATAKA

WP/32199/2024 · 2025-12-15

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54042 WP No. 32199 of 2024 C/W WP No. 32258 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 32199 OF 2024 (GM-RES) C/W WRIT PETITION NO. 32258 OF 2024 (GM-RES) IN WP No. 32199/2024 BETWEEN: 1. SRI.RAVIRAJ CHEDGA S/O P K CHEDGA, AGED ABOUT 44 YEARS, 2. SRI P K CHEDGA S/O SUBRAYA CHEDGA, AGED ABOUT 78 YEARS, 3. SMT. JYOTHI P CHEDGA W/O P. K. CHEDGA, AGED ABOUT 70 YEARS, PETITIONER NOS.1-3 ARE RESIDENTS OF: NO.304, PRUTHVI CLASSIC, 19TH CROSS, 20TH A MAIN, SMS LAYOUT, JP NAGAR 5TH PHASE, BANGALORE-560078. …PETITIONERS (BY SRI. SANAT KUMAR H. ADVOCATE FOR; SRI. AJAY KADKOL T.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER, BASAVANAGUDI WOMEN'S POLICE STATION, BANGALORE-560070. 2. SMT. TANUJA MADHAV, W/O RAVIRAJ CHEDGA, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54042 WP No. 32199 of 2024 C/W WP No. 32258 of 2024 AGED ABOUT 42 YEARS, R/AT BRIGADE OMEGA, FLAT NO.A306, SEGMENT ONE, 80TH ROAD, OPP. TURUHALLI FOREST, BHARATH HOUSING SOCIETY LAYOUT, SUBRAMANYAPURA, BENGALURU, KARNATAKA-560062 …RESPONDENTS (BY SRI. RAHUL RAI K. HCGP FOR R1; SMT. ARCHANA K.M., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD. 17.08.2022 PASSED BY THE XXXVII ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY, IN CC.NO. CC.NO. 26740 OF 2022 BY WHICH ORDER THE TRIAL MAGISTRATE HAS TAKEN ALLEGEDLY COGNIZANCE AND ORDERED THE ISSUANCE OF SUMMONS TO THE PETITIONERS HEREIN WHO ARE ARRAIGNED AS ACCUSED NOS. 1 TO 3 FOR THE ALLEGED COMMISSION OF OFFENSES MADE WHICH ARE MADE PENAL UNDER SECTIONS 498-A AND 506 OF THE INDIAN PENAL CODE AND UNDER SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT WHICH IS PRODUCED AS ANNX-A. IN WP NO. 32258/2024 BETWEEN: 1. SRI.RAVIRAJ CHEDGA S/O P. K. CHEDGA, AGED ABOUT 47 YEARS, R/O NO.304, PRUTHVI CLASSIC, 19TH CROSS, 20TH A MAIN, SMS LAYOUT, J. P. NAGAR 5TH PHASE, BANGALORE-560078. ...PETITIONER (BY SRI. SANAT KUMAR H. ADVOCATE FOR SRI. AJAY KADKOL T., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:54042 WP No. 32199 of 2024 C/W WP No. 32258 of 2024 AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER, BASAVANAGUDI WOMENS POLICE STATION, BANGALORE-560070. 2. SMT. TANUJA MADHAV W/O RAVIRAJ CHEDGA, AGED ABOUT 42 YEARS, R/AT BRIGADE OMEGA, FLAT NO. A 306, SEGMENT ONE, 80TH ROAD, OPP. TURUHALLI FOREST, BHARATH HOUSING SOCIETY LAYOUT, SUBRAMANYAPURA, BENGALURU, KARNATAKA-560062 ...RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SMT. ARCHANA K. M.,ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR DIRECTION REVERSING AND SETTING ASIDE THE ORDER DTD 14.11.2022 PASSED BY THE XXXVII ADDL CHIEF JUDICIAL MAGISTRATE BENGALURU CITY IN CC NO. 35421/2022 BY WHICH ORDER THE TRIAL MAGISTRATE HAS ALLEGEDLY TAKEN COGNIZANCE AND ORDERED THE ISSUANCE OF SUMMONS TO THE PETITIONER HEREIN WHO IS ARRAIGNED AS AN ACCUSED FOR THE ALLEGED COMMISSION OF OFFENSES MADE WHICH ARE MADE PENAL UNDER SECTION 504 AND 505 OF THE INDIAN PENAL CODE WHICH IS PRODUCED AS ANNX-A THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 4 - HC-KAR NC: 2025:KHC:54042 WP No. 32199 of 2024 C/W WP No. 32258 of 2024 ORAL ORDER W.P.No.32199/2024 arise out of Crime No. 67/2022 of Basavanagudi Women Police Station, registered for the offence under Section 498A, 506 of IPC, Section 3 and 4 of the Dowry Prohibition Act, 1961. 2. W.P.No.32258/2024 arise out of Crime No.152/2022 of Basavanagudi Women Police Station, registered for the offence under Section 506 and 504 of IPC. 3. Charge sheet is filed in both the case and the proceedings are pending on the file of XXXVII Additional Chief Judicial Magistrate at Bangalore City in C.C.No.26740/2022 and C.C.No.35421/2022 respectively. In both the petitions, petitioners are seeking to quash the entire proceedings pending against them. 4. The law is set in motion by respondent No.2, wife of Petitioner No.1 in W.P.32199/2024, the sole petitioner in W.P.No.32258/2024. Petitioner Nos.2 and 3 in - 5 - HC-KAR NC: 2025:KHC:54042 WP No. 32199 of 2024 C/W WP No. 32258 of 2024 W.P.No.32199/2024 are the parents of petitioner No.1. The matter arises out of a matrimonial dispute between the parties. 5. Petitioner No.1 in W.P.No.32199/2025 as well as the respondent No.2 / defacto complainant are present before the Court. Applications are filed in both the petitions under Section 320 read with 482 of Cr.P.C., seeking to quash the proceedings on the ground of settlement. Applications are accompanied by the affidavit of the parties. It is stated that upon mutual discussions, they have agreed and decided to lay a quietus to the dispute between them which stems out of their marital life, hence, respondent No.2 / defacto complainant has no objection for the quashment of the impugned crimes registered against the petitioners. 6. Respondent No.2 present before the Court submits that the entire dispute has been settled and therefore, she is not interested in pursuing the matter any further and she has no objection to quash the proceedings. - 6 - HC-KAR NC: 2025:KHC:54042 WP No. 32199 of 2024 C/W WP No. 32258 of 2024 7. The Apex 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. The Apex Court in NARINDER SINGH AND OTHERS 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 to: i) - 7 - HC-KAR NC: 2025:KHC:54042 WP No. 32199 of 2024 C/W WP No. 32258 of 2024 secure ends of justice, or ii) to prevent abuse of the process of any Court. Those criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute should be quashed when parties have resolved their entire dispute among themselves. 9. In the above facts and circumstances, considering that the matter arises out of a matrimonial dispute, wherein the parties concerned have amicably settled all the disputes, no meaningful purpose will be served in continuing the proceedings pending before the trial Court. In order to secure the ends of justice, it is just and proper to quash the proceedings. Accordingly, the following:- ORDER i) Petitions are allowed. - 8 - HC-KAR NC: 2025:KHC:54042 WP No. 32199 of 2024 C/W WP No. 32258 of 2024 ii) The entire proceedings in C.C.No.26740/2022 and C.C.No.35421/2022, pending on the file of XXXVII Additional Chief Judicial Magistrate, Bangalore, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 119