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2025 DAILYLAW 76162 (KAR)

SRI KARIBASANNA D B v. THE STATE OF KARNATAKA

CRL.P/15777/2025 · 2025-12-05

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15777 OF 2025 C/W CRIMINAL PETITION NO. 5625 OF 2024 IN CRL.P No. 15777/2025 BETWEEN: SRI. KARIBASANNA D.B S/O BASANNA D AGED ABOUT 49 YEARS R/A NO.27, 13-B CROSS VISHVESHWARAIAH BADAVANE SIDEDAHALLI BENGALURU-560 073 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAGALGUNTE POLICE STATION REPRESENTED BY SPP GOVT. OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001 2. SMT. PRATHIMA W/O KARIBASANNA D.B D/O LATE CHANNAVEERAPPA AGED ABOUT 43 YEARS R/A CHANNAMMANAGATHIHALLI CHALLAKERE TALUK Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 CHITRADURGA DISTRICT PIN CODE-577522 MOBILE 7349558131 …RESPONDENTS (BY SRI.ANOOP KUMAR M.V., HCGP FOR R1 SRI. RAJAPPA T., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE IMPUGNED CRIMINAL PROSECUTION IN CC NO.27807/2019 AS PER ANNEXURE-A ON THE FILE OF THE XXXI ACMM, BENGALURU AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 498(a), 324, 506 OF IPC R/W 149 OF IPC IN CRIME NO.194/2019 ON THE FILE OF BAGALGUNTE POLICE, BY ALLOWING THE ABOVE PETITION. IN CRL.P NO. 5625/2024 BETWEEN: 1. KENCHAMMA W/O D. BASANNA AGE 73 YEARS OCC HOUSEWIFE R/O KURLIHAL POST KUDLIGI TALUK BELLARY DISTRICT-583 126 2. UMESH S/O D. BASANNA AGE 57 YEARS R/O KURLIHAL POST KUDLIGI TALUK BELLARY DISTRICT-583 126 3. SIDDESWARA S/O D. BASANNA AGE 54 YEARS - 3 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 R/O H.NO.43, 6TH CROSS VISHEWSWARIAH LAYOUT SIDEDAHALI, NAGASANDRA POST BENGALURU-560 073 4. HEMAVATHI W/O BASAVARAJU AGED ABOUT 57 YEARS R/O H.NO.79/3, 6TH CROSS 3RD MAIN, KEMPEGOUDA NAGAR T.DASARAHALLI BENGALURU-560 057 5. LAKSHMI @ MOKSHAMMA W/O KALLESH AGE 53 YEARS R/O D.NO.62, BASAWESWARA COLONY SIDDAPURA GUNDU MANAGU KUDLIGI TALUK BELLARY DISTRICT-583 126 6. SMT. PATIL PADMA @ HAMPAKKA W/O PATIL ISWARA REDDI AGED 45 YEARS R/O D.NO.1/38, B C COLONY N HANUMANTHAPURA ANATHAPURA DISTRICT ANDRAPRADESH-515 822 7. RAMESH S/O G. BASAVARAJAPPA AGED 37 YEARS D NO.35, 2ND CROSS 1ST MAIN, OPP. ROYAL MART HAVANUR EXTENTION NAGASANDRA POST BENGALURU-560 073 8. KALLESH @ KALLESHAPPA - 4 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 S/O KARIBASAPPA AGE 53 YEARS R/O D NO 62 BASAWESWARA COLONY SIDDAPURA GUNDU MANAGU KUDLIGI TALUK BELLARY DISTRICT-583 126 ...PETITIONERS (BY SRI. PUNITH C & SRI. DEEPAK S SHETTY., ADVOCATES) AND: 1. PRATHIMA W/O KARIBASANNA D.P. AGED 39 YEARS OCC HOUSE WIFE R/O NO 27 13TH B CROSS VISWESHARAIAH LAYOUT SIDEDAHALLI BENGALURU-560 073 2. STATE OF KARNATAKA THROUGH BAGALAGUNTE POLICE STATION, BANGALORE REPRESENTED BY THROUGH PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 ...RESPONDENTS (BY SRI. RAJAPPA T, ADVOCATE FOR R1 SRI. ANNOP KUMAR M.V., HCGO FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASHING OF THE ENTIRE PROCEEDINGS OF THE C.C.NO.27807/2019, PENDING IN THE FILE OF COURT OF 31ST ADDL. CMM AT BENGALURU IN BAGALAGUNTE POLICE STATION CR.NO.194/2019, PENDING ON THE FILE - 5 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 OF 31ST ACMM BANGALORE IN FILED BY THE FIRST RESPONDENT AGAINST THE PETITIONERS HEREIN FOR THE ALLEGED OFFENCES P/U/S 498A, 324, 506 R/W 149 OF IPC BY ALLOWING THIS CRIMINAL PETITION WITH COST THROUGHTOUT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Crl.P.No.15777/2025 is preferred by accused No.1 and Crl.P.No.5625/2024 is by accused No.2 to 9 to quash the entire proceedings in C.C.No.27807/2019 pending before the learned XXX1 Additional Chief Metropolitan Magistrate, Bangalore, registered for the offence punishable under Sections 324, 498A, 506 r/w 149 of IPC. 2. Respondent No.2/de-facto complainant set the law in motion and based on her complaint, case was registered in Crime No.194/2019 of Bagalagunte Police Station, against the petitioners. - 6 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 3. An application is filed in Crl.P.No.15777/2025, reporting settlement, signed by the petitioner as well as respondent No.2. The contents of the application at paragraph No.1 to 5 are extracted hereunder: "1. We state that, we are the petitioner & Respondent No.2 in the above matter, we know the facts of the case. Hence we are swearing to this affidavit. 2. We state that, we are Husband and wife and on the account of some misunderstanding between us a complaint came to be registered on the spur of that moment in Crime No.0194/2019 for the alleged Offences Punishable Section 498A, 324, 506 and 34 of IPC before the Bagalagunte Police and pending before XXXI ACMM, Bangalore in C.C. No.27807/2019. 3. We state that, with the intervention of elders, well- wishers we do not want to prosecute the criminal case as we have amicably settled the dispute in M.C. No.59/2025 and we do not want to prosecute the criminal case, accordingly we have decided to put an end to the dispute. 4. That, the Petitioner and Respondent No.2 herein state that, though this joint affidavit is English - 7 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 language and our respective counsels have read over to us and explained the contents of the same in the language known to us/Kannada. 5. We state that, we have decided to settle the case without any coercion or threat and the decision is voluntary." 4. Petitioner and respondent No.2/de-facto complainant are present before the Court. They submitted that a joint petition for mutual divorce was filed in M.C.No.59/2025 before the Senior Civil Judge & JMFC, Challakere and the Court has granted a decree of divorce. The respondent No.2 acknowledges that the matter has been settled and in terms of the settlement it was agreed that Rs.5,00,000/- was to be given to her and Rs.7,50,000/- each towards maintenance of each children. She submits that the said amount has been paid by the petitioner. 5. Respondent No.2/de-facto complainant submits that in view of the settlement she is not interested in pursuing the criminal proceedings instituted by her against - 8 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 the petitioners in both the petitions and she has no objection to quash the proceedings. 6. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another 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:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 7. Considering that the matter arises out of a matrimonial dispute wherein the parties have settled the dispute amongst themselves, no purpose will be served in - 9 - HC-KAR NC: 2025:KHC:51235 CRL.P No. 15777 of 2025 C/W CRL.P No. 5625 of 2024 keeping the proceedings pending against the petitioners. Hence, the following; ORDER (i) The application is allowed. (ii) Both the petitions are allowed. (iii) The entire proceedings in C.C.No.27807/2019 pending on the file of the XXXI Additional Chief Metropolitan Magistrate, Bangalore, are quashed. Pending IAs are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE KLY