- 1 - HC-KAR NC: 2025:KHC:52745 WP No. 19755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 19755 OF 2025 (GM-RES) BETWEEN: 1. SRINIVASH RAJU AGED ABOUT 50 YEARS, S/O KANDERAYA SHETTY, R/AT NO.1056, 13A CROSS, ROOPA NAGAR MYSORE-570 026. 2. KANDERAYA SHETTY S/O LATE MALLASHETTY, AGED ABOUT 89 YEARS, R/AT NO.1056, 13A CROSS, ROOPA NAGAR, MYSORE-570 026. 3. UMADEVI K.S. W/O M. THANDAVAMURTHY, AGED ABOUT 50 YEARS, R/AT MIG 99 2ND MAIN 4TH CROSS, RAMAKRISHNA NAGAR 1ST B.I., MYSURU–570 022. 4. SHUBHA K.S. W/O GOWRISH J., AGED ABOUT 45 YEARS, R/AT NO.908, 11TH CROSS, ROOPA NAGAR, MYSORE-570 026. 5. ANITHA W/O NARENDRA, Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52745 WP No. 19755 of 2025 AGED ABOUT 49 YEARS, MIG 1032 1ST BLOCK NEAR, R/AT MIG 1032, 1ST BLOCK, NEAR THIBBADEVI CIRCLE, RAMAKRISHNA NAGAR, MYSURU-570 022. 6. ROOPA W/O SURYANARAYANA H.C., AGED ABOUT 52 YEARS, R/AT 15TH CROSS, BEHIND GULIGOWDA RICE MILL LAYOUT, MANDYA-571 401. …PETITIONERS (BY SMT. SONU S., ADVOCATE FOR SMT. VANDANA P.L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MYSURU WOMEN P.S. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. ARUNDATHI W/O SRINIVASH RAJU, MAJOR, R/AT NO.1056, 13A CROSS, ROOPA NAGAR, MYSORE-570 026. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. AKHILESH SHETTY, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST PETITIONER - 3 - HC-KAR NC: 2025:KHC:52745 WP No. 19755 of 2025 C.C.NO.5253/2018 ON THE FILE OF ADDITIONAL XIII ADDL. CIVIL JUDGE AND JMFC, MYSURU, PURSUANT TO REGISTRATION OF CASE IN CRIME NO.14/2018 OF MYSURU WOMEN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 114 AND SECTION 34 OF I.P.C VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned counsel Sri Akhilesh Shetty, has filed power for respondent No.3. The same is taken on record. 2. This petition is preferred to quash the proceedings pending against the petitioners in CC No.5253/2018 on the file of the XIII Additional Civil Judge and JMFC, Mysuru. 3. Respondent No.2/defacto complainant has set the law in motion. On her complaint, FIR was registered against the petitioners in Cr.No.14/2018 of Mysuru Women Police Station, Mysuru, for the offence punishable under - 4 - HC-KAR NC: 2025:KHC:52745 WP No. 19755 of 2025 Section 498A, 114 r/w 34 of IPC. On completion of investigation, chargesheet was filed. 4. Learned counsel appearing for the parties would submit that the matter has been amicably settled and respondent No.2/defacto complainant has no objection to quash the proceedings pending against the petitioners. 5. Petitioners and respondent No.2/defacto complainant are present before the Court. They are identified by their respective learned counsel. 6. An application is filed under Section 320(2) r/w Section 482 of Cr.P.C. accompanied with the joint affidavit of the parties. Further, a memo is filed signed by respondent No.2 as well as the petitioners along with the affidavit of respondent No.2/defacto complainant. 7. The memo along with the affidavit and the joint affidavit are placed on record. - 5 - HC-KAR NC: 2025:KHC:52745 WP No. 19755 of 2025 8. It is stated that in view of the settlement arrived, to give quietus to the misunderstanding arose between them, respondent No.2 has agreed to withdraw the criminal case filed against the petitioners, to secure the ends of justice. 9. The matter arises out of a matrimonial dispute. Respondent No.2/defacto complainant, present before the Court, would submit that in view of the amicable settlement, she is not interested in proceeding with the matter further and she has no objection to quash the proceedings. Hence, no purpose will be served in continuing the criminal proceedings pending against the petitioners before the trial Court. 10. The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes 90(SC), has held that ‘the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and - 6 - HC-KAR NC: 2025:KHC:52745 WP No. 19755 of 2025 unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and 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.’ 11. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the 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. 12. In light of the above, to secure the ends of justice, it is just and proper to quash the proceedings pending against the petitioners. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC:52745 WP No. 19755 of 2025 ORDER i. Application is allowed. Consequently, petition is allowed. ii. The entire proceedings in C.C.No.5253/2018 pending on the file of the Court of XIII Additional Civil Judge and JMFC, Mysuru, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 3 Sl No.: 1