- 1 - HC-KAR NC: 2025:KHC:45758 CRL.P No. 6540 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6540 OF 2025 BETWEEN: 1. LAKSHMIKANTH BHAKRE S/O. RAJENDRA BAKRE, AGED ABOUT 36 YEARS, R/AT NO.504, 5TH MAIN, ADUGODI POLICE QUARTERS, BEHIND ADUGODI POLICE STATION, BENGALURU-560 030. PERMANENT ADDRESS R/AT NO.25, RAMATHIRTA NAGARA, KALABURAGI-585 101. 2. HEMAVATI BHAKRE W/O RAJENDRA BAKRE, AGED ABOUT 56 YEARS, R/AT NO.25, RAMATHIRTA NAGARA, KALABURAGI-585 101. 3. SHIVACHANDRA BHAKRE S/O LATE SHARANAPPA BHAKRE, AGED ABOUT 60 YEARS, R/AT NO.5879-952526, ALANDA RING ROAD, NAR ALANDA CHECK POST, SIDDARAMESHWARA NAGARA, KALABURAGI-585 302. …PETITIONERS (BY SRI. ROHAN S., ADVOCATE FOR SRI. BALAKRISHNA M.R., ADVOCATE (P/H)) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45758 CRL.P No. 6540 of 2025 AND: 1. THE STATE OF KARNATAKA BY THALAGHATTAPURA POLICE STATION, BENGALURU RURAL DISTRICT. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU- 560 001. 2. SMT. BINDU G. W/O LAKSHMIKANTH BAKRE, AGED ABOUT 31 YEARS, R/AT NO.104, NEAR RICH BRAIN SCHOOL, GUBBALALA, SUBRAMANYAPURA ROAD, BENGALURU-560 109. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H); SRI. M.N. SURESH KUMAR, ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) CALL FOR THE ENTIRE RECORDS IN C.C.NO.3149/2024 PENDING ON THE FILE OF CHIEF JUDICIAL MAGISTRATE RURAL COURT, BENGALURU RURAL DISTRICT, AT BENGALURU U/SS.498A, 506, R/W SEC.34 OF IPC AND U/SS.3 & 4 OF D.P. ACT, 1961; (B) SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 02.05.2024 PASSED BY THE CHIEF JUDICIAL MAGISTRATE RURAL COURT AT BENGALURU RURAL DISTRICT, BENGALURU, IN C.C.NO.3149/2024 U/SS.498A, 506, R/W SEC.34 OF IPC AND U/SS.3 & 4 OF D.P. ACT, 1961 AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED BY THE RESPONDENT NO.1 THALAGHATTAPURA POLICE STATION, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45758 CRL.P No. 6540 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners-1 to 3/accused Nos.1 to 3 have preferred this petition seeking to quash the entire proceedings pending before the CJM Rural Court, Bengaluru Rural, Bengaluru, in CC No.3149/2024. 2. Chargesheet is filed against accused Nos.1 to 3 for the offence punishable under Section 498A, 323, 504, 506 r/w 34 IPC and under Section 3 and 4 of the Dowry Prohibition Act, 1961. 3. Petitioner No.1 and respondent No.2 are present before the Court. They are identified by the learned counsel appearing for them. Petitioners-2 and 3 are not present. 4. It is stated that the matter has been settled between the parties in the Court of the Principal Judge Family Court, Bengaluru, in MC No.782/2024 wherein a memorandum of settlement has been filed, on the basis of - 4 - HC-KAR NC: 2025:KHC:45758 CRL.P No. 6540 of 2025 which, the marriage of petitioner No.1 with respondent No.2 has been dissolved by decree of divorce. 5. Respondent No.2 present before the Court submits that the matter has been settled and in view of that she is not interested to proceed against the accused persons and she has no objection to quash the entire proceedings pending before the trial Court. 6. An application is filed under Section 528 of BNSS, 2023 along with a joint affidavit. Petitioner No.1 as well as respondent No.2 have signed the joint affidavit. 7. It is stated that the parties have amicably settled all the disputes and filed a memorandum of settlement in the Family Court and in view of the said settlement, petitioner No.1 has paid the agreed amount of Rs.12 lakhs to respondent No.2 as one time settlement towards maintenance of herself and her child. 8. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in - 5 - HC-KAR NC: 2025:KHC:45758 CRL.P No. 6540 of 2025 (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 9. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Supreme Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and the compromise is entered into between the parties. 10. Considering that the matter arises out a matrimonial dispute and the parties have resolved all the - 6 - HC-KAR NC: 2025:KHC:45758 CRL.P No. 6540 of 2025 disputes in terms of the memorandum of settlement filed before the Family Court, no purpose will be served keeping the proceedings pending. 11. To secure the ends of justice, it is just and proper to quash the proceedings. Hence, the following: ORDER i. Application is allowed. Consequently, petition is allowed. ii. The entire proceedings in CC No.3149/2024 pending on the file of the Court of Chief Judicial Magistrate Rural Court, Bengaluru Rural District, Bengaluru, is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 103