- 1 - HC-KAR NC: 2025:KHC:45898 CRL.P No. 14019 of 2025 C/W CRL.P No. 4497 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14019 OF 2025 C/W CRIMINAL PETITION NO. 4497 OF 2023 IN CRL.P No. 14019/2025 BETWEEN: BHARATH KUMAR R.B. SON OF M. RAJENDRA, AGED ABOUT 36 YEARS, RESIDING AT #148/1, BANU STREET, 7TH CROSS, BEHIND CANARA BANK, BHOVI COLONY, SHIVAMOGGA, VIDYANAGAR, SHIVAMOGGA-577 203. …PETITIONER (BY MS. URMILA PULLAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KUNDAPURA POLICE STATION REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. SUCHITHA D/O H. SHEKARA SUVARNA, AGED ABOUT 31 YEARS, R/A NEAR SUPREME TILES, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45898 CRL.P No. 14019 of 2025 C/W CRL.P No. 4497 of 2023 TALLURU, TALLURU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 230. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SMT. SAHANA BASAVAPATNA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO: (A) CALL FOR RECORDS IN CC.NO.470/2021 OF THE RESPONDENT KUNDAPURA PS, PENDING ON THE FILE OF THE COURT OF THE ADDL. CIVIL JUDGE & JMFC, KUNDAPURA FOR OFFENCES PUNISHABLE U/S 498A, 323, 506, 504 AND 34 OF IPC AND UNDER S.3, 4 & 6 OF THE DOWRY PROHIBITION ACT; (B) QUASH THE CHARGESHEET AND THE ENTIRE PROCEEDINGS IN CC.NO.470/2021 OF THE RESPONDENT KUNDAPURA PS PENDING ON FILE OF THE COURT OF THE ADDL. CIVIL JUDGE & JMFC, KUNDAPURA FOR OFFENCES PUNISHABLE U/S 498A, 323, 506, 504 AND 34 OF IPC AND UNDER S.3, 4 & 6 OF THE DOWRY PROHIBITION ACT. IN CRL.P NO. 4497/2023 BETWEEN: 1. M. RAJENDRA AGED ABOUT 61 YEARS, S/O MUNISWAMY, #148-1, BANU STREET 7TH CROSS, BEHIND CANARA BANK, BHOVI COLONY, SHIMOGA, VIDYANAGAR, SHIMOGA, KARNATAKA–577 203. 2. T.V. BHARATI AGED ABOUT 51 YEARS, W/O M. RAJENDRA, #148-1, BANU STREET 7TH CROSS, BEHIND CANARA BANK, BHOVI COLONY, SHIMOGA, - 3 - HC-KAR NC: 2025:KHC:45898 CRL.P No. 14019 of 2025 C/W CRL.P No. 4497 of 2023 VIDYANAGAR, SHIMOGA, KARNATAKA–577 203. 3. PALLAVI R.B. AGED ABOUT 32 YEARS, D/O M. RAJENDRA, #148-1, BANU STREET 7TH CROSS, BEHIND CANARA BANK, BHOVI COLONY, SHIMOGA, VIDYANAGAR, SHIMOGA, KARNATAKA–577 203. 4. T.V. NETHRAVATI PRAKASH BABU AGED ABOUT 52 YEARS, W/O PRAKASHBABU D., NO.10/B1, TEACHERS COLONY, 1ST STREET BAGALUR ROAD, HOSUR, KRISHNAGIRI, TAMIL NADU-635 109. ...PETITIONERS (BY MS. SAKINA MOHSIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA KUNDAPURA POLICE STATION, REPRESENTED BY THE STATION HOUSE OFFICER, KUNDAPURA KASABA, KUNDAPURA TALUK–576 201. 2. SMT. SUCHITHA AGED ABOUT 27 YEARS, W/O BHARAT KUMAR R.B., SUVARNA NILAYA, THALLARU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 230. ...RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; - 4 - HC-KAR NC: 2025:KHC:45898 CRL.P No. 14019 of 2025 C/W CRL.P No. 4497 of 2023 SRI. GANAPATHI BHAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO: (A) CALL FOR RECORDS IN CC.NO.470/2021 PENDING IN THE FILE OF THE COURT OF ADDL. CIVIL JUDGE & JMFC, KUNDAPURA; (B) QUASH THE COMPLAINT AND FIR IN CR.NO.100/2020 BY THE RESPONDENT POLICE STATION AND THE CHARGESHEET AND PROCEEDINGS ARISING THERETO IN C.C.NO.470/2021 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA FOR OFFENCES PUNISHABLE UNDER SECTION 498(A), 323, 504, 506, READ WITH 34 OF INDIAN PENAL CODE, 1860 AND SECTIONS 3,4,6 OF DOWRY PROHIBITION ACT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both these petitions arise out of Crime No.100/2020 of Kundapura Police Station, registered for the offence punishable under Section 498A, 323, 504, 506 r/w 34 of IPC and Section 3, 4 and 6 of the Dowry Prohibition Act. 2. Chargesheet is filed against accused Nos.1 to 5 for the aforesaid offences. 3. Crl.P No.14019/2025 is preferred by accused No.1 and Crl.P No.4497/2023 is preferred by accused Nos.2 to 5. - 5 - HC-KAR NC: 2025:KHC:45898 CRL.P No. 14019 of 2025 C/W CRL.P No. 4497 of 2023 4. The respective petitioners are seeking to quash the entire proceedings pending against them in C.C.No.470/2021 on the file of the Court of Additional Civil Judge and JMFC, Kundapura. 5. Applications are filed in both the petitions under Section 320(8) of Cr.P.C r/w Section 482 of Cr.P.C., reporting settlement. It is stated that accused No.1 and respondent No.2 have mutually decided to dissolve their marriage amicably and approached the Court of Senior Civil Judge at Kundapura by jointly filing a petition for dissolution of marriage by mutual consent under Section 13B(1) of Hindu Marriage Act, 1955. The Hon’ble Senior Civil Judge, Kundapura, by order dated 28.08.2025 in M.C.No.40/2025, was pleased to dissolve the marriage by a decree of divorce by mutual consent. 6. It is also stated that mutual settlement was reported before the Court of Additional Civil Judge and JMFC, Kundapura, wherein, Crl. Misc No.66/2022 filed by - 6 - HC-KAR NC: 2025:KHC:45898 CRL.P No. 14019 of 2025 C/W CRL.P No. 4497 of 2023 the wife under Section 125 of Cr.P.C. was pending. The said matter is said to have been closed. 7. It is further stated that as per the settlement, it was agreed that a total sum of Rs.11,50,000/- has to be paid by accused No.1 towards full and final settlement of past, present and future maintenance of respondent No.2 and their minor son. The parties would confirm that the said amount has been paid by accused No.1. 8. All the petitioners are present before the Court. Respondent No.2 is present through VC. The parties are identified by their respective learned counsels. They acknowledged the fact that the matter has been settled and the amount as stated is also received by respondent No.2/defacto complainant. 9. 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 - 7 - HC-KAR NC: 2025:KHC:45898 CRL.P No. 14019 of 2025 C/W CRL.P No. 4497 of 2023 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 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.’ 10. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Apex Court has held that even though the provisions of Section 320 Cr.P.C., would not apply to such offences which are not compoundable, it did not limit or affect the powers under Section 482 Cr.P.C. 11. Matter arises out of a matrimonial dispute, wherein the parties have settled the dispute and filed applications seeking permission of the Court to close the - 8 - HC-KAR NC: 2025:KHC:45898 CRL.P No. 14019 of 2025 C/W CRL.P No. 4497 of 2023 proceedings. Respondent No.2/defacto complainant 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. Hence, the following: ORDER Applications are allowed. Consequently, the petitions are allowed. The entire proceedings arising out of Crime No.100/2020 of Kundapura Police Station, pending in C.C.No.470/2021 on the file of the Court of Additional Civil Judge and JMFC, Kundapura are quashed. Pending I.As are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 63