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2025 DAILYLAW 88764 (KAR)

MR ABHIJIT JAKKANNAVAR v. STATE OF KARNATAKA

CRL.P/11939/2025 · 2025-12-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54591 CRL.P No. 11939 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. 11939 OF 2025 BETWEEN: MR ABHIJIT JAKKANNAVAR S/O. LATE MR. JAIPAL JAKKANNAVAR, AGED ABOUT 38 YEARS, R/AT. PLOT NO-5, 8TH CROSS, BHAGYANAGAR, ANGOL, BELAGAVI-590006 PRESENTLY AT, PEURANITY 1 F 17002750 ESPOO, FINLAND. …PETITIONER (BY SRI. SIDDHARTH B. MUCHANDI., ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE POLICE OF SOUTH WOMEN'S POLICE STATION, BANGALORE-560068. REP. BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001. 2. MRS. SHRUTHI JAIN PARSHWANATH, W/O. MR. ABHIJIT JAKKANNAVAR, AGED ABOUT 34 YEARS, R/A. NO. 468-B, 2ND CROSS, Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54591 CRL.P No. 11939 of 2025 8TH MAIN, 2ND BLOCK 3RD PHASE, 3RD STAGE BANSHANKARI, BANGALORE-560085 …RESPONDENTS (BY SRI. ANOOP KUMAR M.V, HCGP FOR R1; SRI. ANSHAK CHOUDHARY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.8410/2025 BEFORE THE LEARNED 37TH A.C.M.M BENGALURU CITY FOR THE ALLEGED OFFENCE P/U/S 498A OF IPC AND SEC.3,4 OF D.P ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Proceedings in C.C.No.8410/2025 pending on the file of the 37th ACMM, Bengaluru City are sought to be quashed in this petition. 2. FIR in Crime No.52/2024 of Basavanagudi Women Police Station, Bengaluru City, was registered on a complaint lodged by the second respondent for the offence - 3 - HC-KAR NC: 2025:KHC:54591 CRL.P No. 11939 of 2025 Punishable under Section 498A, 354(A), 323 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. Initially, FIR was registered against 4 persons. Charge sheet came to be filed only against the petitioner for the offence Punishable under Section 498A of IPC and Section 4 of the Dowry Prohibition Act, 1961. 3. The matter arises out of matrimonial dispute. It is submitted by the learned counsel appearing for the parties that the dispute has been resolved and in terms of the memorandum of settlement, the Family Court, Bengaluru in M.C.No.2284/2024, granted a decree of divorce. Hence, it is submitted that respondent No.2 does not wish to proceed with the criminal proceedings initiated against the petitioner. 4. An application is filed seeking to quash the proceedings on the ground of settlement. Application is accompanied by the affidavit of respondent No.2 and sister of petitioner, who are present before the Court. Petitioner - 4 - HC-KAR NC: 2025:KHC:54591 CRL.P No. 11939 of 2025 is present virtually. In the affidavit, respondent No.2 / defacto complainant has stated that the dispute has been amicably settled and neither of the parties have any claims including monetary claim against each other. It is further stated that settlement is arrived at with free will and consent and there is no force or cercion in entering into compromise or in filing the affidavit. Respondent No.2 / defacto complainant, present before the Court submits that in view of the settlement, she is not interested in proceeding with the matter any further and she has no objection to quash the proceedings. 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 - 5 - HC-KAR NC: 2025:KHC:54591 CRL.P No. 11939 of 2025 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.’ 6. Considering that the matter arises out of a matrimonial dispute, wherein, the dispute has been resolved and parties have filed application seeking to quash the proceedings on the ground of settlement, no useful purpose will be served by keeping the proceedings pending against the petitioner. In the interest of justice, it is just and proper to quash the proceedings. Hence, the following:- ORDER i) Application is allowed, consequently, petition is allowed. - 6 - HC-KAR NC: 2025:KHC:54591 CRL.P No. 11939 of 2025 ii) The entire proceedings in C.C.No.8410/2025 pending before the learned 37th ACMM, Bengaluru arising out of Crime No.52/2024 of Basavanagudi Police Station are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 62