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2025 DAILYLAW 88938 (KAR)

KUBERGUPTHA P R v. THE STATE OF KARNATAKA

CRL.P/5594/2025 · 2025-12-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54589 CRL.P No. 5594 of 2025 C/W CRL.P No. 3633 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. 5594 OF 2025 C/W CRIMINAL PETITION NO. 3633 OF 2025 IN CRL.P No. 5594/2025 BETWEEN: KUBERGUPTHA. P. R. S/O P. C. REDDAPASHETTY NOW AGED ABOUT 26 YEARS, R/AT NO.10/82,12TH A CROSS, NEW YELLAMMA TEMPLE ROAD, SRINIVASANAGARA, BENGALURU-560050. …PETITIONER (BY SRI. B.V.MANJE GOWDA, ADVOCATE FOR SRI.CHANDRASHEKARA K A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF SOUTH WOMEN POLICE STATION, BENGALURU-560004. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-570001. 2. SMT. B. K. POORNIMA W/O P. R. KUBERGUPTA., AGED ABOUT 26 YEARS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54589 CRL.P No. 5594 of 2025 C/W CRL.P No. 3633 of 2025 NO.506, 4TH CROSS, SANTHOSHNAGARA, PIPELINE ROAD, NEAR AYYAPPA SCHOOL, T. DASARAHALLI, BENGALURU-560057. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V, HCGP FOR R1; SRI. ARUNA Y M, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE REGISTRATION OF FIR IN CR.NO.6/2025 OF SOUTH WOMEN P.S. BENGALURU CITY NOW PENDING ON THE FILE OF THE LEARNED 37TH ADDL.C.M.M COURT BENGALURU CITY FOR THE OFFENCE P/U/S 85,115(2),352,351(2),351(3) R/W 3(5) OF BNS AND SEC.3,4 OF D. P ACT IN SO FAR AS THE PETITIONERS HEREIN IS CONCERNED. IN CRL.P NO. 3633/2025 BETWEEN: 1. SMT. GEETHA RANI W/O P. C. REDDAPPASETTY NOW AGED ABOUT 54 YEARS R/AT NO.129/A, LONG BAZAR, VENKATAGIRIKOTA, CHITTOR, ANDRA PRADESH-517424. 2. P. C. REDDAPPASETTY S/O.CHANDRAIAH SETTY, NOW AGED ABOUT 66 YEARS, R/AT NO.129/A, LONG BAZAR, VENKATAGIRIKOTA, CHITTOR, ANDRA PRADESH-517424. ...PETITIONERS (BY SRI. B.V.MANJE GOWDA, ADVOCATE FOR SRI.CHANDRASHEKARA K A., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:54589 CRL.P No. 5594 of 2025 C/W CRL.P No. 3633 of 2025 AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF SOUTH WOMEN POLICE STATION, BENGALURU-560004. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-570001. 2. SMT. B. K.POORNIMA W/O P.R.KUBERGUPTA., AGED ABOUT 26 YEARS NO.506, 4TH CROSS, SANTHOSHNAGARA, PIPELINE ROAD, NEAR AYYAPPA SCHOOL, T.DASARAHALLI, BENGALURU-560057. ...RESPONDENTS (BY SRI. ANOOP KUMAR M. V, HCGP FOR R1; SRI. ARUNA Y M, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE REGISTRATION OF FIR IN CR.NO.06/2025 OF SOUTH WOMEN POLICE STATION, BENGALURU CITY NOW PENDING ON THE FILE OF THE LEARNED 37TH ADDL. CMM COURT, BENGALURU CITY FOR THE OFFENCE P/U/S 85, 115(2), 352, 351(2), 351(3) R/W 3(5) OF BNS AND 3 AND 4 OF D.P. ACT, IN SO FAR AS THE PETITIONERS HEREIN IS CONCERNED. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:54589 CRL.P No. 5594 of 2025 C/W CRL.P No. 3633 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners in both the petitions are seeking to quash the registration of FIR in Crime No.6/2025 at South Women Police Station, Bengaluru City, for the offence Punishable under Section 85, 115(2), 352, 351(2), 351(3), 3(5) of the BNS, 2023 and Section 3 and 4 of the Dowry Prohibition Act, 1961. 2. FIR is registered on a complaint lodged by the second respondent. The matter arises out of a matrimonial dispute, wherein, it is submitted that the parties have resolved the entire dispute and on that ground, they are seeking to quash the proceedings. 3. Petitioners and respondent No. 2/ defacto complainant are present before the Court. Applications are filed under Section 482 of Cr.P.C. / 528 of the BNSS, 2023 in both petitions to permit the parties to compound the - 5 - HC-KAR NC: 2025:KHC:54589 CRL.P No. 5594 of 2025 C/W CRL.P No. 3633 of 2025 offence and to quash the entire proceedings. Applications are accompanied by affidavits of the parties concerned. 4. It is stated that in M.C.No.7816/2024, the Family Court, Begnaluru has granted a decree of divorce in terms of the memorandum of settlement filed in the said case. A copy of the order passed therein and the memorandum of settlement are enclosed with the application. 5. Respondent No.2 / defacto complainant submits that in view of the settlement, she does not wish to proceed with the complaint and she has no objection to quash the FIR and the entire proceedings. 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 - 6 - HC-KAR NC: 2025:KHC:54589 CRL.P No. 5594 of 2025 C/W CRL.P No. 3633 of 2025 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.’ 7. Learned counsel for petitioner submit that in terms of settlement, petitioners are handing over a Demand Draft bearing No.620631 dated 29.11.2025 for a sum of Rs.3,00,000/- drawn on Union Bank, Bengaluru in favour of respondent No.2. Receipt of the same has been acknowledged by the second respondent. 8. The matter arises out of matrimonial dispute, where, the parties have resolved the entire dispute. The Family Court has granted a decree of divorce in terms of the memorandum of settlement filed by the parties. - 7 - HC-KAR NC: 2025:KHC:54589 CRL.P No. 5594 of 2025 C/W CRL.P No. 3633 of 2025 9. In the above facts and circumstances, no purpose will be served in continuing the proceedings initiated against the petitioners. In the interest of justice, it is just and proper to quash the proceedings. Accordingly, the following:- ORDER i) Applications are allowed, consequently, petitions are allowed. ii) The entire proceedings / investigation in Crime No.6/2025 of South Women Police Station, Bengaluru City and the consequential proceedings before the XXXVII ACMM Court, Bengaluru City are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 2 Sl No.: 11