Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53615 CRL.P No. 16885 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16885 OF 2025
BETWEEN:
1.
SHISHIR KUMAR S/O SUNDAR BANGERA, AGED ABOUT 38 YEARS, PERMANENT RESIDENT NO.11-140B, SHILPA HOUSE, GOVINDANAGAR, VTC UDYAVAA, PHITHRODI POST, UDUPI, KARNATAKA- 574118
2.
SUNDAR ANGARA BANGERA, S/O ANGARA BANGERA, AGED ABOUT 72 YEARS,
3.
SMT. LEELA SUNDARA W/O.SUNDAR ANGARA BANGERA, AGED ABOUT 65 YEARS,
BOTH RESIDING AT NO.11-140B SHILPA HOUSE, GOVINDANAGAR, VTC UDYAVAA, PHITHRODI POST, UDUPI, KARNATAKA- 574118 …PETITIONERS (BY SRI. URMILA PULLAT.,ADVOCATE) AND:
1.
THE STATE OF KARNATKA BY WHITEFIELD WOMEN POLICE STATION REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA BENGALURU - 560001.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:53615 CRL.P No. 16885 of 2025
2.
SMT. USHA BANGERA W/O SHISHIR KUMAR AGED ABOUT 33 YEARS OLD, R/A LAKSHMIVENKATESHWARA P.G NO. 548, B- BLOCK, OPP. MORE, ACES LAYOUT, KUNDALAHALLI, BENGALURU CITY, KARNATAKA- 560037 …RESPONDENTS (BY SRI. RAHUL RAI K. HCGP., FOR R1;
SRI. VEENA T. N. ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS IN C.C.NO.71976/2025 FOR THE O/P/U/S 85 R/W 3(5) OF THE BNS AND U/S 3 AND 4 OF THE DP ACT, OF THE RESPONDENT NO.1 WHITEFIELD P.S, PENDING BEFORE HONBLE XXIX ACJM, BENGALURU.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners are seeking to quash the charge sheet and entire proceedings in C.C.No.71976/2025 pending before the learned XXIX ACMM, Begnaluru. 2. Charge sheet is filed for the offence Punishable under Section 85 read with Section 3(5) of the BNS, 2023 and Section 3 and 4 of the Dowry Prohibition Act, 1961. - 3 -
HC-KAR NC: 2025:KHC:53615 CRL.P No. 16885 of 2025
3. Matter arises out of matrimonial dispute, wherein, the application is now filed under Section 359(8) read with Section 528 of the BNSS, 2023 seeking to quash the proceedings on the ground of settlement. 4. The application is signed by the petitioners as well as respondent No.2 / defacto complainant, supported by the joint affidavit of the parties. Petitioners and respondent No.2 / defacto complainant are present before the Court. They submit that the dispute has been amicably settled in M.C.No.7703/2025 before the Principal Judge Family Court at Bengaluru, wherein, the Court has granted a decree of divorce on 11.12.2025. 5. In the application it is stated that in M.C.No.7703/2025, the matter was referred for mediation, wherein, a settlement agreement was duly executed and on that basis, Family Court, Bengaluru passed a decree of divorce by mutual consent. - 4 -
HC-KAR NC: 2025:KHC:53615 CRL.P No. 16885 of 2025
6. Respondent No.2 / defacto complainant submits, the dispute has been settled and therefore, she has no objection to quash the proceedings. 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. The matter arises out of matrimonial dispute, wherein the parties have entered into a settlement before
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HC-KAR NC: 2025:KHC:53615 CRL.P No. 16885 of 2025
the Family Court, Bengaluru.
Hence, continuation of criminal proceedings will put the parties to great hardship and extreme injustice would be caused if the proceedings are not quashed. 9. In the above facts and circumstances and in the interest of justice, it is just and proper to allow the application and quash the proceedings. Accordingly, the following:-
ORDER i) Application is allowed, consequently, petition is allowed. ii) The entire proceedings pending before the learned XXIX Additional CMM, Bengaluru in C.C.No.71976/2025 are quashed. I.A.NO.2/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 3 Sl No.: 1