Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51260 WP No. 6338 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 WRIT PETITION NO. 6338 OF 2025 (GM-RES) BETWEEN:
1.
SMT. VASANTHI S.
AGED ABOUT 58 YEARS, W/O. K. SURESH KUMAR, R/AT NO.154, EDENASATTU POST AND VILLAGE, VELLUR DISTRICT, TAMILUNADU–632 002.
2.
SMT. DEEPIKA S.
AGED ABOUT 31 YEARS, W/O A. ARUN KUMAR, R/AT NO.102/2B, VASANTHAM AVENUE, KAMARAJA NAGAR, TUTTIPATTU, VELLUR DISTRICT, TAMILUNADU–632 002.
3.
SRI. MOHAN GANESHAN S/O SRI. C. GANESHAN, AGED ABOUT 50 YEARS, R/AT NO.5/366, VELLI MALAI ROAD, VELLI MALAI SALAI, KARIGI POST, VELLUR DISTRICT, TAMILUNADU-632 002.
4.
SRI. VASANTH KUMAR AGED ABOUT 33 YEARS, R/AT NO.5/366, VELLI MALAI ROAD, VELLI MALAI SALAI, KARIGI POST, VELLUR DISTRICT, TAMILUNADU-632 002. …PETITIONERS (BY SRI. SHRIRAM ADIGA, ADVOCATE)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:51260 WP No. 6338 of 2025
AND:
1.
STATE OF KARNATAKA SRIRAMPURA P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA-560 001.
2.
SMT. PRIYANKA S.
W/O. VASANTH KUMAR, AGED ABOUT 25 YEARS, R/AT NO.U-559/2, 3RD CROSS, MADDAPPA GARDEN, DAYANANDA NAGAR, SRIRAMPURA, BENGALURU-560 021. …RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1 (MA NOT FILED);
SRI. KARTHIK PATEL, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO: (A) QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 BEFORE THE RESPONDENT NO.1 POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 504, 506 R/W 34 OF INDIAN PENAL CODE, VIDE ANNEXURE-A; (B) QUASH THE FIRST INVESTIGATION REPORT, FILED BY THE RESPONDENT NO. 1 IN CR.NO.01/2023 AGAINST THE PETITIONERS BY THE 1ST RESPONDENT POLICE FOR OFFENCES PUNISHABLE U/S. 498A, 504, 506 R/W 34 OF INDIAN PENAL CODE 1860 PENDING ON THE FILE OF 39TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU VIDE ANNEXURE-B AND ALL FURTHER ACTIONS INITIATED BY THE 1ST RESPONDENT POLICE; (C) QUASH CHARGE SHEET NO. C.C.NO.11811/2023 ON THE FILE 39TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU DATED 25.03.2023 VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:51260 WP No. 6338 of 2025
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners are seeking to quash the FIR, chargesheet and consequent proceedings pending in CC No.11811/2023 on the file of the Court of 39th Additional Chief Metropolitan Magistrate at Bengaluru. 2. Respondent No.2/defacto complainant set the law in motion, based on her complaint, case in Crime No.1/2023 was registered at Srirampura Police Station, Bengaluru City, against the petitioners for the offence under Section 498A, 504, 506 and 34 IPC. On completion of investigation charge sheet was filed. 3. The matter arises out of a matrimonial dispute, wherein an application is now filed under Section 320(2) r/w Section 482 of Cr.P.C., by the petitioners and respondent No.2 to permit them to compound the offence. The application is supported by the joint affidavit of the petitioners as well as respondent No.2. - 4 -
HC-KAR NC: 2025:KHC:51260 WP No. 6338 of 2025
4. Para 2 to 4 of the joint affidavit are extracted hereunder:
“2. We state that the first of us is the petitioner No.4 and the second of us is second respondent in the above case and we are acquainted with the facts of the case and as such we are swearing this affidavit. We submit No.2 amongst us filed petition under Section 13(B) of Hindu Marriage Act in O.P.No.290/2025 on the file of the Judge, Family Court. Vellore. Pursuant to the same, we have mutually agreed to dissolve of our marriage in terms of Memorandum of Settlement and accordingly we have signed the memorandum of settlement as provided under sec 89 of C.P.C 1908. We submit that the Judge, Family Court, Vellore, was pleased to allow the petition by granting decree of divorce in terms of Memorandum of Settlement. The terms of the said memorandum of settlement may be read as part and parcel of this joint Affidavit to avoid repetition of facts. 3. We submit that as per one of the clause of the said settlement, No.2 amongst us has agreed to give consent for closure of the criminal case lodged against No.1 amongst us which reads as under: (g) The petitioner has filed case under Section 498A of IPC which is pending in C.C.No.11811/2023 pending on the file of 39th ACJM, Bangalore against the respondent. The respondent has filed a quashing petition under Section 482 Cr.PC before the Hon'ble High Court of Karnataka which is pending.
The petitioner undertakes to co-operate in closing of the 482 petition. - 5 -
HC-KAR NC: 2025:KHC:51260 WP No. 6338 of 2025
In view of the same, we do not have any objection to quashing the entire proceedings in C.C.No.11811/2023 pending on the file of 39th ACJM, Bengaluru registered for the offences punishable under Sections 498A, 504 and 506 of IPC against the petitioner herein. 4. We state that there is no force or threat or coercion from anyone to settle the dispute and we have settled our dispute amicably.”
5. Petitioners and respondent No.2 are present before the Court. They are identified by their respective
learned counsel. Respondent No.2 submits that in view of the settlement, she has no objection to quash the proceedings
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 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
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HC-KAR NC: 2025:KHC:51260 WP No. 6338 of 2025
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 light of the above, no purpose will be served in continuing the criminal proceedings against the petitioners. Hence, in order to secure the ends of justice, it is just and proper to quash the proceedings. Accordingly the following:
ORDER Application is allowed consequently, petition is allowed.
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HC-KAR NC: 2025:KHC:51260 WP No. 6338 of 2025
The entire proceedings in CC No.11811/2023 pending on the file of the Court of 39th Additional Chief Metropolitan Magistrate at Bengaluru are quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 5 Sl No.: 1