Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44220 CRL.P No. 10644 of 2024
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. 10644 OF 2024 BETWEEN:
1.
SRI. YATHEESH N.G., S/O. GANGADHARAIAH, AGED ABOUT 32 YEARS, R/AT: C. NANDIHALLI, CHELURU HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572 117
NOW R/AT DOOR NO.452/64, 7TH MAIN ROAD, 4TH 'B' CROSS, HAMPINAGAR, BENGALURU-560104.
2. SMT.NAGARATNAMMA, W/O GANGADHARAIAH, AGED ABOUT 53 YEARS,
3. SRI.GANGADHARAIAH, S/O. MOODALAGIRIYAPPA, AGED ABOUT 68 YEARS,
PETITIONER NOS.2 AND 3 ARE RESIDING AT:
C. NANDIHALLI, CHELURU HOBLI GUBBI TALUK
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:44220 CRL.P No. 10644 of 2024
TUMAKURU DISTRICT - 572 117.
…PETITIONERS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY CHIKKANAYAKANAHALLI POLICE STATION, CHIKKANAYAKANAHALLI TUMAKURU DISTRICT-572 117.
2.
SMT. BHOOMIKA T.O., D/O. T.G. OMKARAMURTHY, AGED ABOUT 24 YEARS, R/AT: TIRTHAPURA KANDIKERE VILLAGE, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT-572 214 …RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL.SPP FOR R1;
SRI. K.R. RAMESH, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.1339/2024 (CR.NO.34/2024) REGISTERED BY THE 1ST RESPONDENT CHIKKANAYAKANAHALLI P.S., TUMAKURU DISTRICT, FOR THE ALLEGED OFFENCES U/S 323, 498(A), 504, 506 R/W 34 OF IPC, SEC. 3 AND 4 OF DP ACT, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, AT CHIKKANAYAKANAHALLI, TUMAKURU DISTRICT, INITIATED ON THE COMPLAINT OF THE 2ND RESPONDENT.
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HC-KAR NC: 2025:KHC:44220 CRL.P No. 10644 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners/accused Nos.1 to 3 have preferred this petition to quash the FIR No.34/2024 of Chikkanayakanahalli Police Station and the pending trial in C.C.No.1339/2024 on the file of the Court of Principal Civil Judge and JMFC, Chikkanayakanahalli, Tumkur District. 2. Respondent No.2 herein set the law in motion against the petitioners alleging offences punishable under Sections 506, 504, 498A, 323 read with Section 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, by filing a private complaint. 3. The learned Magistrate referred the matter to the police for investigation, consequent to which, a case in Crime No.34/2024 was registered by Chikkanayakanahalli Police Station, culminated in filing of the charge sheet. - 4 -
HC-KAR NC: 2025:KHC:44220 CRL.P No. 10644 of 2024
4. An application is filed under Section 320 of Cr.PC. (359 of BNSS), which is accompanied with the affidavit of respondent No.2/defacto complainant and signed by petitioner No.1 and respondent No.2 and their respective learned counsels. It is stated that the parties have closed their entire dispute and all the cases pending between them are settled. Further, in M.C.No.68/2025, on the file of the Court of Additional Senior Civil Judge and JMFC, Gubbi, a divorce has been obtained by mutual consent and petitioner No.1 has paid Rs.7,50,000/- to respondent No.2, as full and final settlement. 5. Petitioner No.1 and respondent No.2 are present before the Court. They have acknowledged the fact that the matter has been settled. Respondent No.2, who is present before the Court submits that in view of the settlement, she is not interested to proceed with the matter any further and she has no objection for quashing the proceedings pending against the petitioners. 6. In Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes 90(SC), it is held by the Apex Court that `the inherent powers
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HC-KAR NC: 2025:KHC:44220 CRL.P No. 10644 of 2024
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, even if the offences are non-compoundable and if it is satisfied that the parties have settled the same amicably 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.’
7. The present criminal proceeding initiated by respondent No.2 against the petitioners, which arise out of matrimonial dispute is purely private in nature. The parties to the lis have settled all the disputes. Respondent No.2/defacto complainant submitted that she has no objection to quash the proceedings in C.C.No.1339/2024 pending before the Court of Principal Civil Judge and JMFC, Chikkanayakanahalli, Tumkur District, against the petitioners. In view of the amicable settlement between the parties, no purpose will be served in continuing the same. The criminal proceedings are deserved to be quashed for the purpose of securing the ends of justice. Accordingly, the following:
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HC-KAR NC: 2025:KHC:44220 CRL.P No. 10644 of 2024
ORDER (i) Application filed under Section 320 of Cr.P.C. (Section 359 of BNSS) is allowed and consequently, the petition is allowed. (ii) The entire proceedings in C.C.No.1339/2024 pending before the Court of Principal Civil Judge and JMFC, Chikkanayakanahalli, Tumkur District, for the offences punishable under Sections 506, 504, 498A, 323 read with Section 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, arising out of Crime No.34/2024 of Chikkanayakanahalli Police Station, are quashed.
I.A.No.1/2025 is disposed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
SJK List No.: 1 Sl No.: 20