- 1 - HC-KAR NC: 2025:KHC:30811 CRL.P No. 10055 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION No. 10055 OF 2025 BETWEEN: MRS. SHWETHA( AS PER FIR) SWETHAGANTI (AS PER AADHAR CARD) AGED ABOUT 38 YEARS C/O A. G. SHRIDHARA No.16/1, 1ST FLOOR, SHRITA NILAYA 3RD CROSS CHENNAMMA LAYOUT MADAPATHNNA JIGANI HOBLI ANEKAL TALUK, BENGALURU - 560 105. …PETITIONER (BY SMT. P MAHIMA FOR SRI K S PONNAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER CHAMARAJPET POLICE STATION BENGALURU - 560 018. REPRESENTED BY THE S.P.P., HIGH COURT OF KARNATAKA BANGALORE, KARNATAKA - 560 001. 2. MRS. MADHU K W/O LAKSHMAN AGED ABOUT 53 YEARS RESIDING AT No.140 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30811 CRL.P No. 10055 of 2025 3RD CROSS, 2ND MAIN CHAMARAJAPETE BENGALURU - 560 0018. …RESPONDENTS (BY SRI ANOOP KUMAR, HCGP FOR R1 SRI SHIVANNA E, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 Cr.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED AGAINST THE PETITIONER BY THE RESPONDENT No.1 IN CR.No.294/2024 UNDER SECTION 305 OF THE BNS PENDING ADJUCIATION ON THE FILE OF THE LEARNED 5TH ADDITIONAL CMM COURT AT BENGALURU. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner who happens to be the niece of respondent No.2 / complainant has filed the captioned petition seeking quashing of the proceedings for the offence under Section 305 of BNS, 2023. 2. Today, a joint memo duly signed by both parties and their respective counsel has been filed before this Court, placing on record that the petitioner and the second respondent, who are close relatives, have amicably - 3 - HC-KAR NC: 2025:KHC:30811 CRL.P No. 10055 of 2025 resolved their dispute. It is stated in the joint memo that the second respondent/complainant has no subsisting grievance against the petitioner and, therefore, has no objection to the quashing of the proceedings arising out of Crime No.294/2024. 3. The joint memo further recites that the jewels forming part of the subject matter of the dispute are already in the possession of the second respondent/complainant. In view of this, she has expressed that she does not wish to prosecute the criminal proceedings any further. The second respondent, who is the aunt of the petitioner, has appeared before the Court and submitted that, since the matter pertains to a purely personal and family dispute, she may be permitted to withdraw her complaint. 4. This Court is satisfied that the settlement between the parties is voluntary, lawful, and arrived at without any coercion or undue influence. Given the familial relationship - 4 - HC-KAR NC: 2025:KHC:30811 CRL.P No. 10055 of 2025 between the parties and the complainant’s categorical statement that she no longer wishes to proceed with the case, the continuation of criminal proceedings would serve no fruitful purpose and would amount to an abuse of process of law. 5. Though the offence is not compoundable, in order to do justice to the parties this Court is inclined to accept the settlement reached by the parties. Accordingly, the joint memo is taken on record, and the FIR is accordingly quashed. 6. In view of the above, and considering the spirit justice and using the plenary powers vested in this Court under Section 528 of B.N.S.S., the joint memo deserves to be accepted and the criminal proceedings are liable to be quashed. For the foregoing reasons this Court proceeds to pass the following: - 5 - HC-KAR NC: 2025:KHC:30811 CRL.P No. 10055 of 2025 ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in Crime No.294/2024 for the offence punishable under Section 305 of the Bharatiya Nyaya Sanhita, 2023, pending on the file of the 5th Additional Chief Metropolitan Magistrate, Bengaluru, in so far as the petitioner is concerned are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DKB List No.: 1 Sl No.: 4