Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:44109 CRL.P No. 7695 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7695 OF 2025
BETWEEN:
1.
MANOJ KUMAR DIGGAVI S/O GURURAJA MURTHY, AGED ABOUT 33 YEARS,
2. SEETHIDEVI W/O GURURAJA MURTHY, AGED ABOUT 65 YEARS,
3.
GURURAJA MURTHY S/O YALAGUNDACHARY, AGED ABOUT 64 YEARS,
P-1 TO P-3 ARE R/O NO.8-20, RAICHUR ROAD, NEAR SBI BANK, TAYI COLONY, SAIDAPUR, YADAGIRI-585 221.
4.
NAVYA @ SHRUTHIKA W/O NAGARAJ, AGED ABOUT 33 YEARS,
5. NAGARAJ S/O GURURAJA MURTHY, AGED ABOUT 36 YEARS,
P-4 & P-5 ARE R/O NO.316,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:44109 CRL.P No. 7695 of 2025
ANAND ALPINE, OPP: VAJRAGIRI ESTATE, 5TH BLOCK, ANAJANAPURA, BENGALURU-560 106. …PETITIONERS
(BY SRI. SIDDARAJU M., ADVOCATE (P/H))
AND:
1.
THE STATE OF KARNATAKA NORTH EAST WOMEN POLICE STATION, SAMPIGEHALLI SUB-DIVISION, BENGALURU-CITY-560 023, REPT BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-01.
2.
SMT. KIRTHI W/O MANOJ KUMAR DIGGAVI, AGED ABOUT 28 YEARS, OCC: HOUSE WIFE, R/O NO.66, 2ND CROSS ROAD, BDS LAYOUT, SRI BALAJIT KRUPA LAYOUT, HEGADE NAGARA, BENGALURU-CITY. …RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H))
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) QUASH THE FIR/CRIME NO.24/2025 DATED 09.05.2025 REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 115(2), 352, 351(3) R/W 3(5) OF BHARATIYA NYAYA SANHITA (BNS), 2023 AND ALSO SECTION 3 & 4 OF D.P. ACT, 1961, PENDING ON THE FILE OF 41ST ADDL. C.J.M. COURT, BENGALURU AND ALSO; (B) TO QUASH THE PROCEEDINGS IN PURSUANT OF
- 3 -
HC-KAR NC: 2025:KHC:44109 CRL.P No. 7695 of 2025
FIR/CRIME NO.24/2025 AGAINST THE PETITIONERS ON THE FILE OF 41ST ADDL. C.J.M. COURT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER Petitioners are before this Court in this petition preferred under Section 528 of BNSS, 2023, seeking to quash the entire proceedings in FIR/Crime No.24/2025 of North East Women Police Station, Bengaluru City registered for the offence punishable under Section 85, 115(2), 352, 351(3), 3(5) of BNS, 2023 and Section 3 and 4 of Dowry Prohibition Act, 1961. 2. A memo is filed by the learned counsel for petitioners along with the mediation agreement dated 11.09.2025 filed in M.C.No.1733/2025 before the III Additional Principal Judge, Family Court at Bengaluru and the order passed by the Family Court, wherein the
- 4 -
HC-KAR NC: 2025:KHC:44109 CRL.P No. 7695 of 2025
marriage of petitioner No.1 with respondent No.2 has been dissolved by a decree of divorce. 3. Petitioner No.1 and respondent No.2/defacto complainant are present before the Court. It is submitted that the matter has been settled in terms of the memorandum of settlement and they have no claim over each other. Respondent No.2 submits that in view of the settlement, she has no objection to quash the criminal proceedings, pending against the petitioners. 4. The matter arises out of a matrimonial dispute. Law was set into motion by respondent No.2. The parties have settled the matter in terms of memorandum of settlement filed before the Family Court. Respondent No.2 has submitted that she is not interested to pursue the matter any further and she has no objection to quash the proceedings, pending against the petitioners. 5. The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others v. Babita
- 5 -
HC-KAR NC: 2025:KHC:44109 CRL.P No. 7695 of 2025
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.’
6.
In view of the settlement, no useful purpose will be served in keeping the proceedings pending and continuation of proceedings will be a futile exercise. Hence, the following:
- 6 -
HC-KAR NC: 2025:KHC:44109 CRL.P No. 7695 of 2025
ORDER Petition is allowed. The entire proceedings pursuant to FIR/Crime No.24/2025 registered at North East Women Police Station, Bengaluru pending on the file of 41st Additional CJM Court, Bengaluru are quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 79