- 1 - HC-KAR NC: 2025:KHC:28247 CRL.P No. 13584 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 13584 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT. DEBANJANA BHATTACHARYA W/O USTAB SENGUPTA AGED 30 YEARS 2. SMT. CHITRA BHATTACHARYA W/O LATE DEBASHISH BHATTACHARYA AGED 55 YEARS BOTH ARE R/AT 4/2K/91 SURSUNA SATELLITE TOWNSHIP SURSUNA, SOUTH TWENTY FOUR PARAGANAS, WEST BENGAL - 700061 3. SRI UTPAL BANGABASH S/O MANIMOHAN BANGABASH AGED 48 YEARS R/AT 24, PARUI DAS PARA ROAD, SURSUNA, SARASOONA, SOUTH TWENTY FOUR PARGANAS, WEST BENGAL - 700061 4. SMT. DEBASHMITA BHATTACHARYA H/O SAYANTHA BANERJEE, AGED ABOUT 30 YEARS, R/A 87/56, BHANU APARTMENT, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28247 CRL.P No. 13584 of 2023 BOSEPUKAR ROAD, KOLKATA, WEST BENGAL - 700042 …PETITIONERS (BY SRI. YASHAVANTH SAJJANAGOUDAR, ADVOCATE) AND: 1. THE STATE BY HENNUR POLICE STATION BANASAWADI SUB DIVISION BENGALURU CITY, BENGALURU REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-01 2. MRS. ANTARA SENGUPTA D/O BIJOY SENGUPTA AGED 31 YEARS RESIDENT OF FLAT 504, AADITHYA MOTHER PLACE, NEAR GANDHI STATUE, HORAMAVU, BENGALURU - 560043 3. MRS. MITA SENGUPTA W/O BIJOY SENGUPTA, AGED 60 YEARS, R/AT FLAT NO.109, SLV NAKSHATRA NEAR GANDHI STATUE, HORAMAVU, BENGALURU - 560043 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.SHAKUNTALA SHETTY, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE HONBLE 4TH - 3 - HC-KAR NC: 2025:KHC:28247 CRL.P No. 13584 of 2023 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN CR.NO.221/2023 IN PCR NO.6172/2023 (ANNEXURE C), FOR THE ALLEGED OFFENCES P/U/S 107, 506, 509, 34, 379, 406, 461, 462, 378, 405 AND 499 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Learned counsel for the petitioners has filed a joint memo along with a certified copies of the judgment and order passed by Judicial Magistrate IV Court, Alipore, 24th parganas(s) in ACGR 2367/2022 (Regd.No.576/2023) Kolkata (West Bengal) and mutual consent divorce petition, wherein, the parties have settled their disputes. 2. The terms and conditions of settlement arrived at between the parties as stated in the joint memo reads as under: "The Petitioners and Respondent Nos.2 and 3 herein respectfully submit as follows: 1. That, the above Criminal Petition has been filed by the Petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of the proceedings initiated in Crime - 4 - HC-KAR NC: 2025:KHC:28247 CRL.P No. 13584 of 2023 No. 221/2023 registered by Hennur Police Station, Bengaluru City, for the alleged offences punishable under Sections 107, 506, 509, 34, 379, 406, 461, 462, 478, 405, and 499 of the Indian Penal Code, 1860. The said FIR came to be registered pursuant to a private complaint filed by Respondent Nos. 2 and 3 in P.C.R. No. 6172/2023 pending before the IV Additional Chief Metropolitan Magistrate Court at Bengaluru. 2. That, after hearing the Petitioners, this Hon'ble Court was pleased to grant an interim stay of further investigation in the said matter. 3. It is submitted that Petitioner No. 1, who is the wife of one Mr. Utsab Sengupta, had earlier initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, bearing case number: AC- 2726/2022 which is before the 2nd Court of the LD. Judicial Magistrate at Alipore and also filed a criminal complaint under Section 498A and other allied provisions of IPC against her husband and his family members i.e., Respondent Nos. 2 and 3 herein bearing case number: ACGR/2367/2022. These proceedings are pending before the competent courts at Kolkata. 4. Subsequently, with the intervention of elders, family members, and well-wishers from both sides, the parties have arrived at an amicable settlement in order to bring all the disputes and litigations between them to an end. As a result of this settlement, Petitioner No. 1 and her husband have mutually decided to dissolve their marriage and have jointly - 5 - HC-KAR NC: 2025:KHC:28247 CRL.P No. 13584 of 2023 filed a petition for divorce by mutual consent before the Hon'ble District Court, Alipore, Kolkata, which is registered as Matrimonial Suit No. 274/2025. 5. That, in terms of the aforesaid settlement, both parties have agreed to withdraw all civil and criminal proceedings filed against each other and their respective relatives. Accordingly, Petitioner No. 1 has agreed to withdraw the criminal complaints and cases instituted by her against Respondent Nos. 2 and 3 and others, and the petitioner No.1 is intending withdraw the same on hearing date of cases on 14/07/2025 before the Alipore Courts. Likewise, Respondent Nos. 2 and 3 have also voluntarily agreed not to proceed with the prosecution arising out of their private complaint that resulted in FIR in Crime No. 221/2023. A certified copy of the Hon'ble District Court, Alipore, Kolkata in Matrimonial Suit No. 274/2025, is produced herewith for kind perusal of this Hon'ble Court. 6. It is submitted that the dispute between the parties arises purely out of domestic and matrimonial discord, and no public interest is involved. Since both parties have amicably resolved all their differences and are taking steps to withdraw all litigations, including the present one, Respondent Nos. 2 and 3 have no objection to the present Criminal Petition being allowed and the FIR in Crime No. 221/2023 being quashed. 7. It is respectfully submitted that in light of the settlement and mutual understanding between the parties, it would serve no fruitful - 6 - HC-KAR NC: 2025:KHC:28247 CRL.P No. 13584 of 2023 purpose to continue the criminal proceedings, which would only cause unnecessary hardship and harassment to both sides. Hence, this Hon'ble Court may be pleased to exercise its inherent powers under Section 482 Cr.P.C. to quash the proceedings in Crime No. 221/2023, in the interest of justice, equity, and to promote peace and harmony between the parties. PRAYER Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to: Take this Joint Memo on record; and a) Allow the above Criminal Petition by quashing the FIR in Crime No. 221/2023 registered by Hennur Police Station, Bengaluru City pending before the IV Additional Chief Metropolitan Magistrate Court at Bengaluru; and b) Pass such other orders or directions as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity". 3. Having regard to the fact that the parties have settled their disputes, the petitions deserves to be allowed and criminal proceedings pending against him is required to be quashed and accordingly the following: ORDER (i) Petition filed by accused Nos.1 to 4 under Section 482 of Cr.P.C, is hereby allowed. - 7 - HC-KAR NC: 2025:KHC:28247 CRL.P No. 13584 of 2023 (ii) The criminal proceedings initiated against accused Nos.1 to 4 in PCR No.6172/2023 (FIR in Crime No.221/2023 of Hennur Police Station) on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 107, 506, 509, 379, 406, 461, 462, 378, 405 and 499 r/w Section 34 of IPC, is hereby quashed. (iii) The Registry is directed to send this order to the trial Court through e-mail. In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 29