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2026 DAILYLAW 25083 (KAR)

DEVARAJ v. STATE BY ANNAPOORNESHVARINAGAR POLICE

CRL.P/8044/2026 · 2026-07-01

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32765 CRL.P No. 8044 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8044 OF 2026 BETWEEN: 1. DEVARAJ S/O MALLAPPA AGED ABOUT 62 YEARS. 2. GANGAMMA W/O DEVARAJ AGED ABOUT 51 YEARS. BOTH ARE RESIDING AT NO.129 4TH CROSS, 60 FEET ROAD VIDANASOUDHA LAYOUT BANGALORE - 560 091. …PETITIONERS (BY SRI SANDEEP H.S, ADV., SRI RANGASWAMY R, HCGP FOR R-1) AND: 1. STATE BY ANNAPOORNESHVARINAGAR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SMT. VANI S W/O MANU D AGED ABOUT 29 YEARS R/AT NO.342, 5 TH CROSS D GROUP, CHANDRASHEKHAR LAYOUT BANGALORE - 560 040. …RESPONDENTS (BY SRI MUTHURAJU A, ADV., FOR R-2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32765 CRL.P No. 8044 of 2026 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.437/2025 (SPL.C NO.236/2026) REGISTERED FOR THE OFFENCES P/U/S 3(1)(r), 3(1)(s), 3(2)(v-a) OF SC AND ST (POA) ACT AND SECTION 3 AND 4 OF DP ACT AND SECTION 85, 115(2), 351(2), 352, 3(5) OF BNS ON THE FILE PENDING BEFORE HONBLE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-71) AT BENGALURU CITY FOR PERUSAL. 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 nos.2 and 3 are before this Court in this petition filed under Section 528 of BNSS, 2023 with a prayer to quash the entire proceedings in Crime No.437 of 2025 registered by Annapurneshwari Nagar police station, Bengaluru City for offences punishable under Sections 85, 115(2), 351(2), 352 R/w 3(5) of BNS, 2023, Sections 3(1)(r), 3(1)(s), 3(2)(v- a) of SC/ST(POA) Act, 1989 and Sections 3 & 4 of Dowry Prohibition Act, 1961. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners and learned counsel for the respondent no.2 jointly submit that, dispute between the parties has been amicably settled and the parties - 3 - HC-KAR NC: 2026:KHC:32765 CRL.P No. 8044 of 2026 have now filed application under Section 359(2) R/w Section 528 of BNSS, 2023, which is supported by the affidavit of the respondent no.2, with a prayer to permit them to compound the offences for which charge sheet has been filed. They submit that, proceedings as against accused no.1 has been already quashed. Accordingly, they pray to allow the petition. 4. The parties, who are present before this Court in person are identified by their learned advocates. The application under Section 359(2) R/w Section 528 of BNS, 2023 filed by the parties along with the affidavit of the respondent no.2 is taken on record. It is submitted by the learned counsel for the parties that the settlement between the parties is voluntary without their being any undue influence and coercion. In paragraph nos.2 to 4 of the application filed under Section 359(2) of BNSS, 2023, it is stated as follows:- "2. The Petitioners and Respondent No.2 (the victim/complainant) have amicably resolved and settled all disputes, differences, and grievances between them out of court voluntarily and without any coercion, threat, or undue influence. - 4 - HC-KAR NC: 2026:KHC:32765 CRL.P No. 8044 of 2026 3. That the respondent No.2 and the accused no. 1 in this case by name Manu are husband and wife and now they have been settled and leaving together and this petitioners are the father-in-law and mother-in-law of the respondent No.2. 4. The Respondent No. 2/ Complainant states that she have no objection to the proceedings against the Petitioners being quashed, as the continuation of the criminal case would cause undue hardship and affect the future of the parties. Since some of the offences mentioned are compoundable with the leave of the Court under Section 359 of BNSS., the compounding of the offences is being done with the permission of this Hon'ble Court". 5. In Criminal Petition No.3172 of 2026, this Court, while quashing the further proceedings in the present case, insofar as it relates to accused no.1 is concerned, has taken note of the submission that accused no.1 and respondent no.2 who are husband and wife have agreed to live as husband and wife together. Accused nos.2 and 3 are the parents of accused no.1. Under the circumstances, I am of the opinion that this is a fit case wherein this Court is required to exercise its inherent - 5 - HC-KAR NC: 2026:KHC:32765 CRL.P No. 8044 of 2026 powers under Section 528 of BNSS, 2023 in order to do complete justice to the parties. 6. Accordingly, the following:- ORDER (i) Criminal Petition is allowed. (ii) The entire proceedings in Crime No.437 of 2025 registered by Annapurneshwari Nagar police station, Bengaluru City for offences punishable under Sections 85, 115(2), 351(2), 352 R/w 3(5) of BNS, 2023, Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of SC/ST(POA) Act, 1989 and Sections 3 & 4 of Dowry Prohibition Act, 1961 is hereby quashed, as against the petitioners herein. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 37