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High Court of Karnataka · body

2026 DAILYLAW 17920 (KAR)

SHAMBHAV JITENDRA CHAUHAN v. STATE OF KARNATAKA

WP/15693/2026 · 2026-05-19

K V Aravind

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24852 WP No. 15693 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 15693 OF 2026 (GM-RES) IN WP No. 15693/2026 BETWEEN: 1. SHAMBHAV JITENDRA CHAUHAN, AGED ABOUT 38 YEARS, SON OF SHRI. JITENDRA CHIMANLAL CHAUHAN, RESIDING AT 7/A, GALA AURAM, MUMATPURA, S. G. HIGHWAY, AHMEDABAD - 380058, GUJARAT, INDIA 2. VENU JITENDRA CHAUHAN, AGED ABOUT 66 YEARS, WIFE OF SHRI. JITENDRA CHIMANLAL CHAUHAN, RESIDING AT 7/A, GALA AURAM, MUMATPURA, S G HIGHWAY, AHMEDABAD - 380058, GUJARAT, INDIA. 3. JITENDRA CHIMANLAL CHAUHAN, AGED ABOUT 66 YEARS, SON OF SHRI. CHIMANLAL CHAUHAN, RESIDING AT 7/A, GALA AURAM, MUMATPURA, S. G. HIGHWAY, AHMEDABAD - 380058, GUJARAT, INDIA …PETITIONERS (BY SRI SHRAVANTH ARYA TANDRA, ADVOCATE) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24852 WP No. 15693 of 2026 AND: 1. STATE OF KARNATAKA, THROUGH POLICE INSPECTOR, BELLANDUR POLICE STATION, MARATHAHALLI SUB-DIVISION, 37, SARJAPUR- MARATHAHALLI ROAD, AMBLIPURA, PWD QUARTERS, 1ST SECTOR, BELLANDUR, BENGALURU - 560103, KARNATAKA, INDIA, THROUGH PUBLIC PROSECUTOR. 2. SHEETAL SAWARTHIA, AGED ABOUT 38 YEARS, DAUGHTER OF SHRI. JAGADISH SAWARTHIA, RESIDING AT No.132, ASTER TOWER-1, 3RD FLOOR, EMBASSY PRISTINE APARTMENT, BELLANDUR, IBLUR VILLAGE, BENGALURU 560103, KARNATAKA, INDIA. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1; SRI ABHIRUP PAUL BANGARA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE ORDER DATED 13.01.2026 IN C.C. 2691/2026 ON THE FILES OF THE XLI ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, AT BENGALURU TAKING COGNIZANCE (ANNEXURE F) OF THE CHARGE SHEET BEARING No.48/2025 DATED 13.09.2025 SUBMITTED BY THE RESPONDENT No.1 UNDER SECTION 190 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR THE OFFENCES UNDER SECTION 498-A OF THE INDIAN PENAL CODE, 1860 AND SECTION 3 AND SECTION 4 OF THE DOWRY PROHIBITION ACT, 1961 etc. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:24852 WP No. 15693 of 2026 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri Shravanth Arya Tandra, learned counsel appearing for the petitioners; Sri Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1; and Sri Abhirup Paul Bangara, learned counsel appearing for respondent No.2. 2. The present petition is filed by accused Nos.1 to 3 in C.C. No.2691/2026 pending on the file of the XLI Additional Chief Judicial Magistrate Court, Bengaluru, seeking quashing of the said proceedings initiated for the offences punishable under Sections 498-A, 506 and 34 of the IPC, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 3. Sri Shravanth Arya Tandra, learned counsel appearing for the petitioners, submits that the parties have amicably settled the matrimonial dispute pending before the Family Court, and it has been agreed between them that the criminal proceedings shall also be brought to an end, of which the present petition forms one of the agreed conditions. - 4 - HC-KAR NC: 2026:KHC:24852 WP No. 15693 of 2026 4. The said submission is not disputed by the learned counsel appearing for respondent No.2. Learned counsel for the petitioners and respondent No.2 jointly submit that, in order to maintain confidentiality, a copy of the settlement arrived at before the Family Court is not available, except the copy produced before the said Court. It is further submitted that the order passed by the Family Court is yet to be made available. 4.1 It is submitted that, in order to give effect to the settlement arrived at between the parties before the Family Court, both the learned counsel jointly pray for quashing of the proceedings in C.C. No.2691/2026. It is also submitted that a ‘B’ report has been filed insofar as petitioner Nos.2 and 3 are concerned. 5. Petitioner No.1 and respondent No.2 have appeared through video conference and are identified by the learned counsel appearing for the respective parties. 6. Upon query being made to the parties, they confirmed the settlement arrived at through mediation before the Family Court and also affirmed their consent for closure of the present proceedings. - 5 - HC-KAR NC: 2026:KHC:24852 WP No. 15693 of 2026 7. Having considered the submissions made by the learned counsel appearing for the parties, this Court notes that the Hon’ble Supreme Court, in Naushey Ali vs. State of U.P., reported in AIR 2025 SC 1035, has held that where the parties have amicably resolved the dispute, continuation of the criminal proceedings would be futile, and the ends of justice would require that effect be given to such settlement by quashing the proceedings. 8. In the light of the above and taking note of the settlement arrived at between the parties, the proceedings in C.C. No.2691/2026 pending on the file of the XLI Additional Chief Judicial Magistrate Court, Bengaluru, are hereby quashed. 9. With the above observations, the writ petition stands disposed of. SD/- (K. V. ARAVIND) JUDGE DDU List No.: 2 Sl No.: 1