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2025 DAILYLAW 86076 (KAR)

SRI DARSHAN L D v. STATE OF KARNATAKA

CRL.P/17150/2025 · 2025-12-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54588 CRL.P No. 17150 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 17150 OF 2025 BETWEEN: SRI DARSHAN L. D. S/O DODDA MALLEGOWDA, AGED ABOUT 40 YEARS, NO.36/02, R/AT FLAT NO.TF 03, SHRI NANJUNDESHWARA RESIDENCY, 17TH MAIN ROAD, MUNESHWARA BLOCK, AVALAHALLI MAIN ROAD, BENGALURU- 560026, …PETITIONER (BY SRI. LOKESHA A.C., ADVOCATE FOR SRI. SHRIDHARA K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAK, AMBEDKAR VEEDI, BANGALORE - 560 001. 2. SMT. RASHMI N.C. W/O DARSHAN L.D. AGED ABOUT 37 YEARS RESIDING AT NO.813/87, 3RD MAIN, 4TH BLOCK, NEAR LALITA GANAPATI TEMPLE, RAJAJINAGAR, BANGALORE - 560010 …RESPONDENTS (BY SRI. RAHUL RAI. K., HCGP FOR R1; SRI. M. CHANDRASHEKAR, ADVOCATE FOR R2) Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54588 CRL.P No. 17150 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE BASAVANAGUDI WOMEN POLICE / RESPONDENT NO.1 IN C.C.NO.13761/2021 PENDING ON THE FILE OF XXXVII A.C.J.M AT BENGALURU FOR THE OFFENCE P/U/S 323 AND 498A OF IPC AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the proceedings in C.C.No.13761/2021 pending on the file of 37th ACJM, Bengaluru. 2. The matter arises out of matrimonial dispute, wherein the law is set in motion by respondent No.2, wife of the petitioner herein. On her complaint a case was registered in Crime No.93/2020 of Basavanagudi Women Police Station, Bengaluru City, for the offence punishable under Section 498A, 323 of IPC. On completion of investigation charge sheet is filed against the petitioner. - 3 - HC-KAR NC: 2025:KHC:54588 CRL.P No. 17150 of 2025 3. It is submitted that the matter has been settled amicably and the parties are now residing together and leading a peaceful marital life. 4. An application is filed under Section 320 read with Section 482 of Cr.P.C., along with the affidavit of the petitioner and respondent No.2. In the application it is stated that the petitioner and respondent No.2 have withdrawn all allegations and counter allegations made against each other, unconditionally and they are now residing together and leading a peaceful marital life. 5. 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 - 4 - HC-KAR NC: 2025:KHC:54588 CRL.P No. 17150 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.’ 6. Parties have resolved the dispute and they have withdrawn all the allegations and counter allegations made against each other, on the ground of settlement and reunion. Hence, they are seeking to quash the proceedings. 7. In the said facts and circumstances, no useful purpose will be served in keeping the proceedings pending against petitioner. To meet the ends of justice, it is just and proper to quash the proceedings. Accordingly, the following:- ORDER i) Application is allowed, consequently, petition is allowed. - 5 - HC-KAR NC: 2025:KHC:54588 CRL.P No. 17150 of 2025 ii) Entire proceedings against the petitioner in C.C.No.13761/2021 pending on the file of XXXVII, ACMM, Bengaluru, are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 2 Sl No.: 24