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2026 DAILYLAW 39893 (KAR)

MS. DISHA SHETTY v. STATE OF KARNATAKA

CRL.P/2082/2023 · 2026-09-11

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010076492023 NC: 2026:KHC:49855 CRL.P No. 2082 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2082 OF 2023 BETWEEN: MS. DISHA SHETTY D/O SRI ASHOK ANAND SHETTY AGED ABOUT 29 YEARS RESIDING AT PATEL HOUSE MOLAHALLI VILLAGE MOLAHALLI POST KUNDAPURA TALUK UDUPI DISTRICT - 576 222. …PETITIONER (BY SRI S. SHAKER SHETTY, ADV.) AND: 1. STATE OF KARNATAKA BY SUBRAMANYANAGAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR BENGALURU - 560 001. 2. MRS. ASHWINI W/O SRI RAJESH RAJAGHATTA AGED 30 YEARS 3778/A, 2ND MAIN, 15TH CROSS B BLOCK, GAYATHRINAGAR BENGALURU - 560 010. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.105/2016 REGISTERED BY SUBRAMANYANAGAR POLICE STATION AND QUASH THE CHARGE SHEET IN CR.NO.105/2016 REGISTERED BY SUBRAMANYANAGAR POLICE STATION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010076492023 NC: 2026:KHC:49855 CRL.P No. 2082 of 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.5 is before this Court in this petition filed under Section 482 of Cr.PC seeking for the following reliefs: "(a) Quash the FIR in crime No.0105/2026 registered by Subramanyanagar police station offences under section 498(A), 354(A)(2), 370, 504, 506 R/W of 34 IPC and section 3 and 4 of DP Act 1961. (b) Quash the charge sheet in crime no.0105/2016 registred by Subramanyanagar police station offences under section 498(A), 504, 506, 370, 354(A) R/W of 34 IPC and section 3 and 4 of DP Act 1961. (c) Quash the proceedings in S.C. No.400/2020 pending on the file of the Learned XLV Additional City Civil and Session Judge, at Bengaluru; and (d) Grant such other order or orders as may be deemed necessary in teh facts and circumstances of the case." 2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2 who is served in the matter, has remained unrepresented before this Court. - 3 - HC-KAR CNR: KAHC010076492023 NC: 2026:KHC:49855 CRL.P No. 2082 of 2023 3. Learned Counsel for the petitioner submits that the dispute between husband and wife has been settled in the present case and based on the said settlement, the impugned proceedings as against accused nos.1 to 3 has been quashed by this Court in Crl.P.No.247/2022. 4. The order passed by the coordinate bench of this Court in Crl.P.No.247/2022 disposed of on 20.04.2022 is produced along with this petition vide Annexure-D. In paragraph 2 to 4 of the said order, it is observed as under: "2. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have filed an application seeking compounding of the offences so alleged against the petitioners. The affidavit reads as follows: “2. I submit that due to misunderstand I have filed the complainant before the 1st Respondent/police under section 498(a), 504, 506 Read with section 34 of Indian Penal Code, in C.R.No.0105/2016, where by the 7th Additional Chief Metropolitan Magistrate at Bangalore City has taken the cognizance and Registered the case - 4 - HC-KAR CNR: KAHC010076492023 NC: 2026:KHC:49855 CRL.P No. 2082 of 2023 against the Petitioners in C.C.No.27217/2016 and after committal matter referred to the Principal City Civil and Sessions Judge at Bangalore in S.C.No.62/2018 for the offence against the petitioner in Section 498(a), 504, 506, 370, 354(a) Read with section 34 of IPC and 3 and 4 of DP against the Petitioners.” 3. The affidavit narrates that the husband and the wife have entered into settlement and the marriage is dissolved in M.C.No.4449/2018. The said settlement also narrates about pendency of these impugned proceedings. 4. In the light of application for compounding being filed along with the affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition." 5. In view of the aforesaid, I am of the opinion that the prayer made by the petitioner is also required to be granted. Accordingly, the following order: 6. Petition is allowed. The entire proceedings in S.C.No.400/2020 pending before the Court of XLV Addl. City - 5 - HC-KAR CNR: KAHC010076492023 NC: 2026:KHC:49855 CRL.P No. 2082 of 2023 Civil & Sessions Judge, Bengaluru, arising out of Crime No.105/2016 registered by Subramanyanagar Police Station, Bengaluru City, for the offences punishable under Sections 498A, 504, 506, 370, 354A read with 34 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, is quashed as against the petitioner herein. Sd/- (S VISHWAJITH SHETTY) JUDGE KK