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2025 DAILYLAW 77228 (KAR)

MAHESHWARAIAH D v. STATE OF KARNATAKA

CRL.P/16508/2025 · 2025-12-05

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51259 CRL.P No. 16508 of 2025 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. 16508 OF 2025 BETWEEN: MAHESHWARAIAH D. SON OF LATE D.B. PARAMESHWARAPPA, AGED ABOUT 58 YEARS, RESIDING AT DOMBARANHALLI VILLAGE, TURUVEKERE TQ, TUMAKURU DISTRICT, KARNATAKA. …PETITIONER (BY SRI. SHASHANK NAGENDRAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WEST WOMEN POLICE STATION, BENGALURU CITY, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE. 2. SMT. NANDINI B.L. WIFE OF MAHESHWARAIAH D., AGED ABOUT 48 YEARS, RESIDING AT NO.127, 2ND BLOCK, 3RD STAGE, JUDGES COLONY, BASAVESHWARANAGARA, BENGALURU-560 079. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. BHARATH M.R. & KUM./SMT. SAKSHI GUPTA, ADVOCATES FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51259 CRL.P No. 16508 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 30/08/2024 PASSED BY THE XXIV ADDITIONAL CHIEF JUDICIAL MAGISTRATE, AT BENGALURU IN CC.NO.20311/2024 REGISTERED BY THE WEST WOMEN POLICE STATION, BENGALURU CITY, FOR OFFENCES PUNISHABLE UNDER SECTIONS 494, 498 A, 417 OF THE INDIAN PENAL CODE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The proceedings in CC No.20311/2024 pending on the file of the Court of XXIV Additional Chief Judicial Magistrate at Bengaluru are sought to be quashed in this petition. 2. Chargesheet is filed against the petitioner for the offence punishable under Section 494, 498A and 417 of IPC. The proceedings are initiated by the respondent No.2 herein. 3. An application is filed under Section 359(8) r/w Section 528 of the BNSS, 2023 to permit the parties to - 3 - HC-KAR NC: 2025:KHC:51259 CRL.P No. 16508 of 2025 compound the offence and on that basis to quash the proceedings. 4. Application is accompanied with the joint affidavit of petitioner and respondent No.2. It is stated that the petitioner and respondent No.2/defacto complainant have settled the matter before the I Additional Family Judge, Bengaluru in M.C.No.7565/2025. 5. The dispute arises out of a matrimonial dicord, wherein the petitioner and respondent No.2, present before the Court would confirm the settlement taken place between them. Respondent No.2 as per the joint affidavit, has agreed to withdraw all proceedings arising out of the said dispute. 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 - 4 - HC-KAR NC: 2025:KHC:51259 CRL.P No. 16508 of 2025 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. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Supreme Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and the compromise is entered into between the parties. 8. In the facts and circumstances, this Court is of the considered view that the interest of justice will be met if the proceedings now pending against the petitioner are quashed. Accordingly the following: - 5 - HC-KAR NC: 2025:KHC:51259 CRL.P No. 16508 of 2025 ORDER Petition is allowed. The entire proceedings in CC No.20311/2024 pending on the file of the Court of XXIV Additional Chief Judicial Magistrate at Bengaluru are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 2 Sl No.: 39