Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 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 CRIMINAL PETITION NO. 1545 OF 2025 C/W CRIMINAL PETITION NO. 1795 OF 2025 CRIMINAL PETITION NO. 15709 OF 2025
IN CRL.P No. 1545/2025 BETWEEN:
1. MRS MADHUSHREE W/O BHABENDRA PRASAD AGED ABOUT 34 YEARS R/AT B-105, GOUTHAMI MEDOWS, 2ND CROSS ROAD, SHUSHRUTHI NAGAR BASAPURA BENGALURU - 560100. 2. MR. BHABENDRA PRASAD S/O BOREGOWDA AGED ABOUT 40 YEARS, R/AT B-105, GOUTHAMI MEDOWS, 2ND CROSS ROAD, SHUSHRUTHI NAGAR BASAPURA BENGALURU - 560100. …PETITIONERS
(BY SMT. AKSHATHA SHARMA, ADVOCATE)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 of 2025
AND:
1. STATE OF KARNATAKA BY ITS EAST WOMEN POLICE STATION, BENGALURU, REPTD. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. 2. SMT. SHREELAKSHMI C M W/O CHETAN KUMAR, AGED ABOUT 26 YEARS, R/AT CHAKKENAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT. …RESPONDENTS
(BY SRI.RAHUL RAI K, HCGP FOR R1, SRI G. BHARGAV FOR SRI CHANDRASHEKAR N.,ADVOCATE FOR R2)
CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CRIME NO. 05/2025 REGISTERED BY THE EAST WOMEN POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE U/SEC. 3(5), 351(2), 352, 85 OF BHARATIYA NYAY SANHITA (BNS) 2023 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT 1961, PENDING ON THE FILE OF 11TH A.C.M.M, MAYOHALL, BENGALURU, IN SO FAR AS THE PETITIONERS ARE CONCERNED. IN CRL.P NO. 1795/2025 BETWEEN:
1. SRI CHANDREGOWDA S/O. GIRIGOWDA AGED ABOUT 64 YEARS, R/AT 1931, T.N.PURA MAIN ROAD,
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 of 2025
SARDAR VALLABAI PATEL NAGAR, MYSORE-570028
2. SMT.JANAKI W/O CHANDREGOWDA AGE 54 YEARS R/AT 1931,T.N.PURA MAIN ROAD SARDAR VALLABAIL PATEL NAGAR MYSORE 570 028 ...PETITIONERS (BY SMT. AKSHATHA SHARMA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS EAST WOMEN POLICE STATION, BENGALURU, REPTD. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001. 2.
SHREELAKSHMI.C.M W/O. CHETAN KUMAR, AGED ABOUT 26 YEARS, R/AT CHAKKENAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-570028 ...RESPONDENTS BY SRI.RAHUL RAI K, HCGP FOR R1, SRI G. BHARGAV FOR SRI CHANDRASHEKAR N.,ADVOCATE FOR R2 CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CRIME NO.05/2025 REGISTERED BY THE EAST WOMEN POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE U/SEC. 3(5), 351(2), 352,85 OF BHARATIYA NYAYA SANHITA (BNS) 2023 AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT 1961, PENDING ON THE FILE OF 11TH
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 of 2025
A.C.M.M., MAYOHALL, BENGALURU, IN SO FAR AS THE PETITIONERS ARE CONCERNED. IN CRL.P NO. 15709/2025 BETWEEN:
1. SRI.CHETHAN KUMAR S/O CHANDREGOWDA AGED ABOUT 33 YEARS HAVING PERMANENT RESIDENCE AT NO 1931 T N PURA MAIN ROAD SARDAR VALLABAI PATEL NAGAR MYSORE 570028 ...PETITIONER (BY SMT. AKSHATA SHARMA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS EAST WOMEN POLICE STATION BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUIDLING BENGALURU 560001
2. SMT SHREELAKSHMI C M W/O CHETAAN KUMAR AGE ABOUT 26 YEARS R/A CHAKKENAHALLI VILLAGE BELLUR HOBLI NAGAMANAGALA TALUK MANDYA DISTRICT ...RESPONDENTS (BY SRI. BHARGAV G. FOR SRI CHANDRASHEKAR N., ADVOCATES) CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 of 2025
HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR NO. CRIME NO.5/2025 FOR THE OFFENCES P/U/S 3(5), 351(2), 352 AND 85 OF BNS 2023 R/W 3 AND 4 OF DP ACT 1961, REGISTERED ONLY ON 11.01.2025 AND PENDING ON THE FILE OF THE 11TH ACMM, MAYO HALL, BENGALURU (ANNEXURE-A). THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
These three petitions are preferred praying to quash the FIR in Cr.No.5/2025 of East West Women Police station, Bangalore city, registered for the offence punishable under Section 3 and 4 of the Dowry Prohibition Act 1961, under Section 3(5), 351(2), 352, 85 of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. FIR is registered on a complaint lodged by respondent No.2 against the petitioners. The dispute arises out of a matrimonial discord, wherein, it is now submitted that the respondent No.2 and petitioner No.1 in Crl.P. No. 15709/2025 have preferred a petition under section 13(B) of the Hindu
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 of 2025
Marriage Act seeking divorce on mutual consent before the Principal Judge, Family court, Bangalore, in M.C.no. 6744/2025. 3. Petitioner in Crl.P.No.15709/2025 as well as the respondent No.2-defacto complainant are present before the Court. A joint affidavit is filed which is signed by them. Paragraphs 1, 2 and 3 of the joint affidavit are extracted hereunder:
JOINT AFFIDAVIT
"We, Sri. Chethan Kumar, S/o Chandregowda, Aged about 33 years, Having permanent residence at: No. 1931, T.N. Pura Main Road, Sardar Vallabai Patel Nagar, Mysore 570028 and currently in Bangalore the Petitioner and Mrs. Shreelakshmi C.M., W/o Mr. Chetan, D/o B. Manjunath, Aged about 27 having permanent residence at: No. 76, Chakenahalli, Belluruhobli, Mandya. 571418 and currently in Bangalore the Respondent No. 2 - the complainant do hereby solemnly state on oath as under:
1. That the instant petition has been filed for the purpose of seeking quashing of the complaint dated
25.11.2024. Registered as FIR Crime No. 5 of 2025 before the East Women P.S. for the offences punishable under Section 3(5), 351(2), 353 and 85 of BNS 2023 r/w Sections 3 and 4 of the Dowry Prohibition Act, 1961
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 of 2025
that was the complainant against the and the petitioners in the filed by the Respondent No. 2 Petitioner in the present case connected matter. 2. That in lieu of the out-of-Court settlement, both of us with the intervention of our elders and advocates had arrived at an amicable settlement and have decided to set aside all of differences.
In this background, we also filed M.C. No. 6744 of 2025 before the Learned IInd Addl. Family Judge, Family Court at Bengaluru under Section 13B of the Hindu Marriage Act, 1955 seeking for mutual consent divorce subject to certain terms and conditions, including the Petitioner paying the Respondent No. 2 a sum of Rs. 5,00,000/- towards marriage expenses and the Respondent No. 2 in turn withdrawing all the cases/complaints that were filed by her against the petitioner herein and his family members. By order dated 29.11.2025 our marriage has been dissolved by mutual consent. A screenshot of the e-Courts case status is produced as Document No. 1. A copy of the copy application filed before the Family Court is produced as Document No. 2. 3. That in such facts and circumstances, it is prayed that the petitions pending before this Hon'ble Court arising from FIR Crime No. 5 of 2025 before the East Women P.S. for the offences punishable under Section 3(5), 351(2), 353 and 85 of BNS 2023 r/w Sections 3 and 4 of
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 of 2025
the Dowry Prohibition Act, 1961 be accordingly quashed."
4. Respondent No.2-defacto complainant present before the court submits that the matter has been amicably settled and therefore, she has no objection to quash the proceedings initiated by her against the petitioners. She further submits that she has received the amount as mentioned in the joint affidavit . 5. Matter arises out of matrimonial dispute, wherein the parties have mutually agreed to close the proceedings and respondent No.2 has agreed to withdraw all the cases/complaints filed against the petitioners. 6. 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 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
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HC-KAR NC: 2025:KHC:52728 CRL.P No. 1545 of 2025 C/W CRL.P No. 1795 of 2025 CRL.P No. 15709 of 2025
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. 7. In light of the above, no purpose will be served in continuing the proceedings initiated by the respondent no.2. In the interest of justice, it is just and proper to quash the proceedings. Accordingly, the following:
ORDER
i) The petitions are allowed.
ii) The entire proceedings arising out of Cr.No. 5/2025 registered at East Women Police station, Bangalore city, against the petitioners, stand quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HR List No.: 1 Sl No.: 97