SRI BODHISATTWA SENGUPTA v. THE STATE OF KARNATAKA
CRL.P/14915/2025 · 2025-11-07
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78862 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78862 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45541 CRL.P No. 14915 of 2025 C/W CRL.P No. 14924 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14915 OF 2025 C/W CRIMINAL PETITION NO. 14924 OF 2025
IN CRL.P No. 14915/2025
BETWEEN:
SRI. BODHISATTWA SENGUPTA S/O DR. SUBHASISH SENGUPTA, AGED ABOUT 45 YEARS, RESIDING AT, 42- KEOTA LAT BAGAN, P.O-SAHAJANG, HOOGHLY, DISTRICT: HOOGHLY, WEST BENGAL-712 104. …PETITIONER (BY SRI. CHANDAN B.K., ADVOCATE (P/H))
AND:
1. THE STATE OF KARNATAKA BY HULIMAVU P.S.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. 2. SMT. TEESTA SENGUPTA NEE DEB @ TEESTA DEB D/O AMITABHA DEB, AGED ABOUT 43 YEARS,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:45541 CRL.P No. 14915 of 2025 C/W CRL.P No. 14924 of 2025
RESIDING AT, FLAT NO.182, A-2, 18TH FLOOR, DLF WESTEND HEIGHTS, AKSHAYANAGAR, HULIMAVU, BENGALURU-560 076. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H);
SMT. NIMISHA KUMAR, ADVOCATE FOR R2 (P/H))
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ACCEPT THE ABOVE PETITION AND TO PASS APPROPRIATE ORDERS BY QUASHING CRIMINAL PROCEEDINGS IN THE CHARGE SHEET IN CC.NO.6630/23 IN CRIME NO.286/2022, FOR OFFENCE/S PUNISHABLE U/S 498A, 504, 506 OF IPC PENDING ON THE FILE OF V ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU. IN CRL.P NO. 14924/2025
BETWEEN:
SRI. BODHISATTWA SENGUPTA S/O DR. SUBASHE SENGUPTA, AGED ABOUT 45 YEARS, RESIDING AT, 42- KEOTA LAT BAGAN, P.O-SAHAJANG, HOOGHLY, DISTRICT: HOOGHLY, WEST BENGAL-712 104. ...PETITIONER
(BY SRI. CHANDAN B.K., ADVOCATE (P/H))
AND:
1. THE STATE OF KARNATAKA BY SADASHIVANAGAR P.S.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. - 3 -
HC-KAR NC: 2025:KHC:45541 CRL.P No. 14915 of 2025 C/W CRL.P No. 14924 of 2025
2. SMT. TEESTA SENGUPTA NEE DEB D/O AMITABHA DEB, AGED ABOUT 43 YEARS, RESIDING AT, FLAT NO.182, A-2, 18TH FLOOR, DLF WESTEND HEIGHTS, AKSHAYANAGAR, SADASHIVANAGAR, BENGALURU-560 076. ALSO AT:
NO.39, CG RESIDENCY, 6TH CROSS, YELANAHALLI MAIN ROAD, AKSHAYA NAGARA, BENGALURU CITY, KARNATAKA-560 076. ...RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H); SMT.
NIMISHA KUMAR, ADVOCATE FOR R2 (P/H))
THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO ACCEPT THE ABOVE PETITION AND PASS APPROPRIATE ORDERS OR DIRECTIONS QUASHING THE CHARGE SHEET IN C.C.NO.17731/2025 ARISING OUT OF THE CRIME NO.11/2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 465 AND 201 OF IPC PENDING ON THE FILE OF I ADDL. JUDICIAL MAGISTRATE, BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER In both these petitions, the parties are one and the same. The matter arises out of a matrimonial dispute. The parties are willing to settle the disputes among themselves and they have filed applications reporting
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HC-KAR NC: 2025:KHC:45541 CRL.P No. 14915 of 2025 C/W CRL.P No. 14924 of 2025
settlement. Hence, both the petitions are taken up together and disposed by this common order. 2. Crl.P No.14915/2025 is preferred seeking to quash the chargesheet in C.C.No.6630/2023 pending on the file of the V Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.286/2022 registered by Hulimavu Police Station, Bengaluru City, for the offence punishable under Section 498A, 504, 506 of IPC. 3. Crl.P No.14924/2025 is preferred seeking to quash the chargesheet in C.C.No.17731/2025 pending on the file of the Court of I Additional Judicial Magistrate, Bengaluru, arising out of Crime No.11/2024 of Sadashivanagar Police Station, Bengaluru City, registered for the offence punishable under Section 465 and 468 of IPC. Chargesheet is filed for the offence punishable under Section 465 and 201 of IPC. 4. Petitioner and respondent No.2/defacto complainant are present before the Court. They are
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identified by their respective learned counsels. They submitted that the matter has been amicably settled. Respondent No.2/defacto complainant submits that in view of the settlement, she do not wish to proceed with both the cases registered against the petitioner and she has no objection to quash the proceedings. 5. The contents of para 3 of the joint applications for compromise filed by the parties in both the cases are one and the same. They are extracted hereunder:
“3. The Petitioner, in strict compliance with the terms and conditions embodied in the Memorandum of Understanding (MoU) dated 08.07.2025, has duly remitted a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to Respondent No.2 by way of Demand Draft No.504483, drawn on ICICI Bank, M.G. Road Branch, Bengaluru, dated 06.11.2025.
The said payment has been made towards the fulfillment of one of the essential conditions stipulated under the said MoU and constitutes part of the full and final settlement of all disputes between the parties, including but not limited to those arising out of or connected with the pending criminal proceedings and matrimonial issues.”
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6. It is also submitted by the learned counsel appearing for parties that a memorandum of settlement has been filed in Matrimonial Dispute No.2035/2025 filed for divorce by mutual consent, before the District Judge, Alipore in West Bengal. 7. In terms of the joint applications filed, petitioner has handed over a Demand Draft No.504483 drawn on ICICI Bank, M.G.Road Branch, Bengaluru in favour of respondent No.2, for a sum of Rs.4,00,000/-. The same has been acknowledged by the said respondent. 8. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Apex Court has held that even though the provisions of Section 320 Cr.P.C., would not apply to such offences which are not compoundable, it did not limit or affect the powers under Section 482 Cr.P.C.
9. The matter arises out of a matrimonial dispute, wherein the parties on their own volition have appeared
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before the Court and filed the joint application reporting settlement. In view of the same, no useful purpose will be served in continuing the proceedings pending against the petitioner. Hence, it is expedient to quash the proceedings now under challenge, to meet the ends of justice. Accordingly, the following:
ORDER Both the applications are allowed. Consequently, both the petitions are allowed. The entire proceedings in C.C.No.6630/2023 pending on the file of the V Additional Chief Metropolitan Magistrate, Bengaluru and C.C.No.17731/2025 pending on the file of the Court of I Additional Judicial Magistrate, Bengaluru, are quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 90