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2026 DAILYLAW 12532 (KAR)

MANU v. THE STATE OF KARNATAKA

CRL.P/3172/2026 · 2026-02-26

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:12115 CRL.P No. 3172 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3172 OF 2026 BETWEEN: MANU S/O DEVARAJ AGED ABOUT 31 YEARS R/AT NO.343, 3RD CROSS 4TH MAIN ROAD, KSD LAYOUT SRIGANDHA KAVAL BENGALURU - 560 078. …PETITIONER (BY SRI MOIDEEN ARAFAT, ADV.) AND: 1. THE STATE OF KARNATAKA ANNAPOORNESHWARI NAGAR P.S. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. VANI S W/O MANU D AGED ABOUT 29 YEARS NO.342, 5TH CROSS D GROUP CHANDRASHEKAR LAYOUT, BENGALURU CITY KARANATAKA - 560 040. …RESPONDENTS (BY SRI VINAY M, HCGP FOR R-1; SRI MANJUNATH M.R, ADV., FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.437/2025 OF ANNAPOORNESHWARI NAGAR P.S. BYATARAYANAPURA SUB DIVISION BENGALURU CITY ON THE FILE OF THE COURT OF CCH-71 CITY COURT COMPLEX BENGALURU CITY WITH RESPECT TO THE PETITIONER ALLEGED OFFENCE P/U/S 3(1)(r,)3(1)(w)(i),3(2)(v-a) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12115 CRL.P No. 3172 of 2026 OF SC/ST (POA) ACT AND SEC.3,4 OF D.P ACT 1961 AND SEC.85,115(2),351(2),352,3(5) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 is before this Court in this petition under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in Crime No.437/2025 registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under Sections 85, 115(2), 351(2), 352, 3(5) of BNS, 2023, and Sections 3(1)(r), 3(1)(w)(i), 3(2)(v-a) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 3 & 4 of Dowry Prohibition Act, 1961. 2. Learned Counsel for the parties jointly submit that the dispute between the parties who are husband and wife has been amicably settled and the parties have filed an application before this Court seeking permission of this Court to compound the offences for which FIR has been registered against the petitioner. - 3 - HC-KAR NC: 2026:KHC:12115 CRL.P No. 3172 of 2026 3. Respondent no.2 who is the wife of the petitioner herein is present in person before the Court and she admits the settlement arrived between the parties. She is identified by her learned advocate. Application filed under Section 359(2) of BNSS, 2023, by the petitioner is signed by respondent no.2 and her learned Advocate. Petitioner who is the husband of respondent no.2 is said to be in custody. In paragraph 3 to 6 of the application now filed by the parties before this Court seeking permission of this Court to compound the offences for which FIR has been registered, it is stated as under: "3. That, the disputes between the parties have been resolved and they have decided to settle the matter between them. 4. The petitioner and Respondent no.2 has agreed to live as husband and wife and the petitioner will take care of his wife with love and affection. And both petitioner and Respondent no.2 has agreed to continue with marital life. 5. That the petitioner and Respondent no.2 have no other claims against each other. 6. The petitioner and Respondent no.2 have settled the matter without any coercion influence by any other person." - 4 - HC-KAR NC: 2026:KHC:12115 CRL.P No. 3172 of 2026 4. The Hon’ble Supreme Court in the case of RAMGOPAL & ANOTHER VS. THE STATE OF MADHYA PRADESH - (2022)14 SCC 531 has observed that, notwithstanding the limitations provided under Section 320 of Cr.P.C., in a given case, depending upon the facts and circumstances of the case and also the nature of the allegations and nature of the settlement arrived between the parties, this Court in exercise of its powers under Section 482 of Cr.P.C., can quash the criminal proceedings registered even for non-compoundable offences. 5. In the present case, respondent no.2 is the wife of the petitioner herein and in the application filed reporting settlement, it is stated that petitioner and respondent no.2 have agreed to live as husband and wife together. Under the circumstances, I am of the opinion that in order to secure the ends of justice, the prayer made in the petition needs to be granted. Accordingly, the following order: 6. Petition is allowed. The entire proceedings in Crime No.437/2025 registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under - 5 - HC-KAR NC: 2026:KHC:12115 CRL.P No. 3172 of 2026 Sections 85, 115(2), 351(2), 352, 3(5) of BNS, 2023, and Sections 3(1)(r), 3(1)(w)(i), 3(2)(v-a) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 3 & 4 of Dowry Prohibition Act, 1961, is quashed. 7. The prison authorities are directed to release the petitioner from custody forthwith, if he is not required in any other case. Sd/- (S VISHWAJITH SHETTY) JUDGE KK