Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29659 CRL.P No. 7318 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 7318 OF 2025
BETWEEN:
1.
MR. GURAV NAIN S/O DAYA RAM NAIN AGED ABOUT 34 YEARS NO.6163, SANTORINI SOBHA CITY HEGDE NAGAR, KOTHANUR BENBALURU-560077. …PETITIONER
(BY SRI. SRINIVAS .R, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY EAST WOMEN .P.S REP BY SPP HIGH COURT OF KARNATAKA AT BENALURU-560001.
2.
MRS. GUNJAN GARG D/O SOHAN LAL GARG AGED ABOUT 36 YEARS PERMANENT RESIDENT OF NO.512, URBAN ESTATE PHASE 2, PATIALA UNIVERSITY PUNJAB-147002. …RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. NITHIN GOWDA, ADVOCATE FOR R2)
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29659 CRL.P No. 7318 of 2025
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.183/2024 REGISTERED FOR OFFENCE P/U/S 85, 351(2), 329(4) AND 305 OF BNS 2023 BY THE RESPONDENT NO.1 BY EAST WOMEN P.S., WHICH IS PENDING ON THE FILE THE XI ADDL. CMM COURT, MAYOHALL, BENGALURU IN M.C. NO.579/2025.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned petition is filed seeking quashing of the proceedings pending in Crime No.183/2024 registered for the offence punishable under Sections 85, 351(2), 329(4), and 305 of the Bharatiya Nyaya Sanhita, 2023.
2. The matter is taken up today with both parties being present before this Court. Learned counsel for the petitioner submits that the matrimonial dispute between the petitioner/husband and the respondent/wife has been amicably resolved in M.C.No.579/2025, wherein a decree of divorce by mutual consent has been passed. It is further submitted that, in terms of the settlement recorded before
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HC-KAR NC: 2025:KHC:29659 CRL.P No. 7318 of 2025
the Family Court, the respondent/wife has agreed to withdraw the complaint which had led to the registration of Crime No.0183/2024. The present petition arises from the said FIR.
3. In view of the mutual settlement arrived at between the parties and the decree of divorce by mutual consent passed in M.C.No.579/2025, this Court is of the considered opinion that the continuance of the criminal proceedings would serve no fruitful purpose and would amount to an abuse of the process of law. This is, therefore, a fit case warranting exercise of jurisdiction under Section 482 of the Code of Criminal Procedure.
4. It is relevant to note that the allegations in the complaint pertain to a matrimonial dispute and do not involve any grave or heinous offence. In light of the amicable resolution between the parties and keeping in mind the principles laid down by the Hon'ble Apex Court regarding quashing of proceedings arising out of
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HC-KAR NC: 2025:KHC:29659 CRL.P No. 7318 of 2025
matrimonial disputes post-settlement, this Court finds it appropriate to quash the proceedings in the interest of justice.
5. Having regard to the settlement recorded in M.C.No.579/2025 and taking into account the statement of the respondent/wife that she does not wish to prosecute the matter any further, this Court proceeds to pass the following:
ORDER
(i) The petition is allowed; (ii) The proceedings in Crime No.0183/2024 registered by the East Women Police Station, Bengaluru, for the offences punishable under Sections 85, 351(2), 329(4), and 305 of the Bharatiya Nyaya Sanhita, 2023, and now pending on the file of the XI Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru, are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 1