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2025 DAILYLAW 78646 (KAR)

SRI SHREE SHANKAR H N v. STATE OF KARNATAKA

CRL.P/4604/2025 · 2025-10-31

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4604 OF 2025 C/W CRIMINAL PETITION NO. 345 OF 2024 CRIMINAL PETITION NO. 4524 OF 2024 IN CRL.P No. 4604/2025 BETWEEN: 1. SRI SHREE SHANKAR H.N. S/O. H.C. NAGARAJU, AGED ABOUT 35 YEARS, RESIDING AT NO.23/1142/119, SHIVA SHREE, OPPOSITE TO DEEPA NURSING HOME, MARATHAHALLI, BENGALURU - 560 037 …PETITIONER (BY SRI. SHIVASHANKARAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY, SHO ANEKAL POLICE STATION ANEKAL. (REP BY SPP, HIGH COURT BUILDING Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 BENGALURU - 560 001 2. SMT. PUSHPA. N D/O M. NARAYANASWAMY, W/O SHREE SHANKAR H.N. AGED ABOUT 31 YEARS RESIDING AT HONNAKALSAPURA, SIDIHOSAKOTE POST, ANEKAL TALUK, BENGALURU - 562 106 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. V. VISWANATH SETTY, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 (FILED UNDER SECTION 528 BNSS) OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 IN C.C.NO.9355/2023 ANNEXURE C (CRIME NO.205/2021) OF ANEKAL POLICE STATION PENDING ON THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 504, 323, 506 READ WITH SECTION 34 OF IPC 1860 ALONG WITH SECTIONS 3, 4 OF DP ACT 1961. IN CRL.P NO. 345/2024 BETWEEN: 1. SRI. H. C. NAGARAJU S/O LATE H T CHINNAPPA, AGED ABOUT 69 YEARS, R/AT NO.23/1142/19, SHIVA SHREE OPPOSITE TO DEEPA NURSING HOME, MARATHAHALLI, BENGALURU - 560 037 - 3 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 2. SMT H N PRAKRUTHI W/O JAGADISH A G, AGED ABOUT 41 YEARS, R/AT H NO. SITE NO.23, 3RD MAIN, NEAR DEEPA NURSING HOME, MARATHAHALLI, BENGALURU - 560 037 3. SMT H N SHRUTHI W/O SRIDHAR M, AGED ABOUT 39 YEARS, R/AT H NO.3, 2 ND CROSS, NEAR DEEPA NURSING HOME, MARATHAHALLI, BENGALURU - 560 037 ...PETITIONERS (BY SRI. SHIVASHANKARAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY SHO, ANEKAL POLICE STATION, ANEKAL, REP BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001 2. SMT PUSHPA N D/O NARAYANASWAMY H N, W/O SHREE SHANKAR H N, AGED ABOUT 31 YEARS, R/AT HONNAKALASAPURA VILLAGE, KASABA HOBLI - 4 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 ANEKAL TALUK, BENGALURU - 562 106 ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. V. VISWANATH SETTY, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS IN C.C.NO.9355/2023 (CR.NO.205/2021) OF ANEKAL POLICE STATION PENDING ONTHE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., ANEKAL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498(A), 504, 323, 506 READ WITH 34 OF IPC A/W SEC. 3 AND 4 OF DOWRY PROHIBITION ACT. IN CRL.P NO. 4524/2024 BETWEEN: 1. SMT. H.V. JAYAMMA W/O. H.C. NAGARAJU AGED ABOUT 67 YEARS RESIDING AT NO.23/1142/119 SHIVASHREE OPPOSITE TO DEEPA NURSING HOME MARATHAHALLI BENGALURU - 560 037 ...PETITIONER (BY SRI. SHIVASHANKARAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY SHO ANEKAL POLICE STATION - 5 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 ANEKAL (REP BY SPP HIGH COURT BUILDING BENGALURU - 560 001 2. SMT PUSHPA N D/O NARAYANASWAMY M W/O SHREE SHANKAR H N AGED ABOUT 31 YEARS RESIDING AT HONNAKALSAPURA SIDIHOSAKOTE POST KASABA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT - 562 106 ...RESPONDENTS (BY SRI. RAHUL RAI K.,HCGP FOR R1 SRI. V. VISHWANATH SETTY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS AGAINST THE ABOVE PETITIONER / ACCUSED NO.3 IN C.C.NO.9355/2023 (CR.NO.205/2021) OF ANEKAL POLICE STATION, PENDING IN THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT ANEKAL, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 504, 323, 506 READ WITH SECTION 34 OF IPC A/W SEC. 3 AND 4 OF D.P. ACT, 1961. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 6 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 ORAL ORDER These petitions arise out of Crime No.205/2021 of Anekal Police Station, Bengaluru District, registered on a complaint lodged by respondent No.2 against accused Nos.1 to 5. 2. FIR is registered for the offence Punishable under Section 323, 307, 504, 506, 498A read with Section 34 of IPC and Section 3 and 4 of the D.P. Act, 1961. While filing charge sheet, Section 307 of IPC has been deleted. 3. Petitioners are seeking to quash the entire proceedings in C.C.No.9355/2023, now pending on the file of the Court of Principal Civil Judge and JMFC at Anekal. 4. Crl.P.No.4604/2025 is preferred by accused No.1, Crl.P.No.345/2024 is preferred by accused Nos.2, 4 and 5 and Crl.P.No.4524/2024 is by accused No.3. 5. Heard the learned counsel for petitioners, learned High Court Government Pleader for the State, learned counsel for respondent No.2, defacto complainant. - 7 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 6. It is submitted that petitioner in Crl.P.No.4524/2024 i.e., accused No.3 has passed away. A memo dated 30.07.2025 is filed along with death certificate of the said petitioner, as per which, date of death is 13.08.2024. 7. Learned counsel appearing for respondent No.2 submitted that the parties have compromised the matter in M.C.126/2025 on the file of II Additional Senior Civil Judge and JMFC, Anekal, wherein, the Court has allowed the application filed under Section 13(B)(2) of the Hindu Marriage Act and passed a decree of divorce, by mutual consent. 8. The order dated 17.07.2025 passed in M.C.No.126/2025 by the Court of II Additional Senior Civil Judge and JMFC at Anekal, is produced. 9. Learned counsel on both sides submitted that the parties have entered into settlement and respondent - 8 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 No.2 has agreed to close the criminal proceedings now pending against the petitioners. 10. The affidavits filed by accused No.1 and respondent No.2 in M.C.No.126/2025 are also produced. It is relevant to extract paragraph No.10 and 11 of the said affidavits as follows: Affidavit filed by Respondent No.2: 10. I submit that myself undertake to withdraw the Crl.Mis.No.911/2021 and Crl.Mis.No.992/2021 which is filed against the second petitioner herein on the file of Prl. Civil Judge and JMFC, Anekal, and undertake to withdraw the criminal case vide C.C.No.9355/2023 pending on the file of Prl.Civil Judge and JMFC, Anekal, and further myself undertake to withdraw the O.S.No.484/2021 pending on the file of the 3rd Addl. Civil Judge and JMFC, Anekal, or to take close the cases before the Hon'ble High Court of Karnataka. 11. I submit that the Second petitioner undertake to withdraw the Crl.Petn.No.345/2024 filed by Sri. H.C.Nagaraj and others, Crl.Petn.No.2571/2022 filed Sri.H.N.Prakruthi and another and Crl.Petn.No.4604/2025 filed by the - 9 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 Second Petitioner before the Hon'ble High Court of Karnataka, in view of the settlement. Affidavit filed by petitioner No.1: 10. I submit that the First petitioner undertaken to withdraw the Crl.Mis.No.911/2021 and Crl.Mis.992/2021 which is filed against me on the file of Prl.Civil Jude and JMFC, Anekal and undertake to withdraw the criminal case vide C.C.No.9355/2023 pending on the file of the Prl.Civil Judge and JMFC, Anekal, and further the First petitioner undertake to withdraw the O.S.No.484/2021 pending on the file of the 3rd Addl. Civil Judge and JMFC, Anikal, or to take close the cases before the Hon'ble High Court of Karnataka. 11. I submit that I have also undertake to withdraw the Crl.Petn.No.345/2024 filed by Sri.H.C.nagaraj and others, Crl.Petn.No.2571/2022 filed Sri.H.N.Prakruthi and antoher and Crl.Petn.No.4604/2025 filed by me before the Hon;ble High Court of Karnataka, in view of the settlement. 11. In B.S. JOSHI AND OTHERS V/S. STATE OF HARYANA AND ANOTHER reported in (2003) 4 SCC 675, the Hon'ble Apex Court has held that it becomes the - 10 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 duty of the Court to encourage genuine settlement of matrimonial dispute and in exercise of its inherent power, High Court can quash criminal proceedings and Section 320 of the code does not limit or affect the powers under section 482 of Cr.P.C. 12. The Hon'ble Apex Court in NARIDER SINGH AND OTHERS 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 to: i) secure ends of justice, or ii) to prevent abuse of the process of any Court. Those criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute should be quashed when parties have resolved their entire dispute among themselves. 13. In GIAN SINGH V/S. STATE OF PANJAB, reported in (2012) 10 SCC 303, it is held that the - 11 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 inherent powers of High Court is of wide plenitude with no statutory limitation but it has to be exercised to achieve either of twin objects namely (i) to prevent abuse of the process of any Court, (ii) to do real, complete and substantial justice. 14. From the material on record it is evident that parties have amicably settled all the disputes and respondent No.2 / defacto complainant has undertaken to withdraw the criminal proceedings pending against the petitioners. In view of the same, no useful purpose will be served in continuing the proceedings pending against the petitioners before the trial Court. Hence, in the interest of justice, it is expedient to quash he proceedings. Accordingly, the following:- ORDER i) Petitions are allowed. - 12 - HC-KAR NC: 2025:KHC:43870 CRL.P No. 4604 of 2025 C/W CRL.P No. 345 of 2024 CRL.P No. 4524 of 2024 ii) The entire proceedings in Crl.P.No.C.C.No.9355/2023, the file of the Principal Civil Judge and JMFC, at Anekal, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC CT-SG List No.: 1 Sl No.: 36