Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 4038 (KAR)

MELQUIS J v. THE STATE OF KARNATAKA

CRL.P/1894/2026 · 2026-04-17

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21391 CRL.P No. 1894 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1894 OF 2026 BETWEEN: MELQUIS J SON OF JOSEPH M AGED ABOUT 37 YEARS, RESIDING AT NO. 37, RAGA NIVAS MEENAKSHI RESIDENTIAL LAYOUT KUMBATAHALLI MAIN ROAD, GOTTIGERE, BENGALURU - 560 083. …PETITIONER (BY SRI. VEDAVYSA RAO R.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SOUTH WOMEN POLICE STATION, BENGALURU - 562 106 REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BUILDING HIGH COURT OF KARNATAKA, BENGALURU - 562 001. 2. MRS. PRATIBHA WIFE OF MELQUIS AGED ABOUT 30 YEARS RESIDING AT SHRI. KRISHNA RESIDENCY, FLAT NO. E-1, 4TH FLOOR, KASHINAGAR, 10TH CROSS, YELACHENAHALLI, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21391 CRL.P No. 1894 of 2026 BENGALURU - 560 078. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1; SRI. VIVEK CHITNIS, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO 1. QUASH THE FIR REGISTERED IN CR.NO.16/2025 BY THE RESPONDENT WOMEN P.S. FOR THE ALLEGED OFFENCE P/U/S 85, 115(2) AND 352 OF BNS 2023 AND SEC.4 OF D.P ACT 1961 AND THE FINAL CHARGE SHEET FILED PURSUANT THERETO AGAINST THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question the registration of a crime in Crime No.16/2025 for the offences punishable under Sections 85, 115(2) and 352 of the BNS, 2023 and Section 4 of the Dowry Prohibition Act. 2. Heard Sri. Vedavysa Rao R.S., learned counsel appearing for the petitioner, Smt. Sowmya R., learned HCGP appearing for respondent No.1, Sri. Vivek Chitnis, learned - 3 - HC-KAR NC: 2026:KHC:21391 CRL.P No. 1894 of 2026 counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed the joint affidavit. The joint affidavit so filed reads as follows: “JOINT AFFIDAVIT We, the undersigned: Mr. Melquis J, S/o Joseph M, aged about 37 years, residing at No.37, Raga Nivas, Meenakshi Residential Layout, Kumbatahalli Main Road, Gottigere, Bengaluru 560083, the Petitioner herein and Accused No.1, and Mrs. Pratibha, W/o Melquis J, aged about 30 years, residing at Shri Krishna Residency, Flat No. E- 1, 4th Floor, Kashinagar, 10th Cross, Yelachenahalli, Bengaluru 560078, the Respondent No.2 / Complainant, do hereby solemnly affirm and state on oath as follows: 1. We submit that the Petitioner has filed the present Criminal Petition before this Hon'ble Court seeking quashing of the proceedings arising out of Crime No. 16/2025 dated 20.02.2025 registered by South Women Police Station, Bengaluru, for the alleged offences punishable under Sections 85, 115(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Dowry Prohibition Act, 1961. 2. We submit that pursuant to the complaint lodged by Respondent No.2, the said crime came to be registered and thereafter the police have filed the - 4 - HC-KAR NC: 2026:KHC:21391 CRL.P No. 1894 of 2026 charge sheet before the Court of the XXXVII Additional Chief Judicial Magistrate, Bengaluru, wherein the petitioner has been arrayed as Accused No.1. 3. We state that the Petitioner and Respondent No.2 are husband and wife, and our marriage was solemnized on 17.10.2014 according to Christian customs and traditions in the presence of relatives and well-wishers. 4. We submit that after the marriage the parties lived together as husband and wife in their matrimonial home. However, due to certain misunderstandings, emotional differences and matrimonial disputes, differences arose between the parties. 5. Respondent No.2 states that during the said period of matrimonial discord and in a moment of anger, emotional distress and misunderstanding, she lodged the complaint before the South Women Police Station, Bengaluru, which resulted in the registration of Crime No.16/2025. 6. We submit that subsequently, with the intervention and guidance of family elders, well-wishers and relatives, the parties have sat together, discussed their issues and have amicably resolved all the misunderstandings and disputes between them. 7. We further submit that the Petitioner and Respondent No.2 have reconciled their differences and have resumed their matrimonial relationship, and are presently living together peacefully and happily in their matrimonial home. 8. Respondent No.2 states that she has voluntarily entered into this settlement out of her own free will, and the same has been arrived at without any coercion, - 5 - HC-KAR NC: 2026:KHC:21391 CRL.P No. 1894 of 2026 threat, pressure or undue Petitioner or any other person. 9. Respondent No.2 further states that in view of the amicable settlement and restoration of marital harmony, she does not intend to pursue the criminal proceedings any further. 10. Respondent No.2 therefore states that she has no objection whatsoever for quashing the proceedings arising out of Crime No. 16/2025 and CC No. 19561/2021 registered by South Women Police Station, Bengaluru, and the consequent proceedings pending before the Court of the XXXVII ACJM, Bengaluru. 11. We submit that since the dispute arose out of matrimonial misunderstandings which have now been fully resolved, continuation of the criminal proceedings would serve no useful purpose and would unnecessarily disturb the restored marital harmony between the parties. 12. We therefore respectfully request this Hon'ble Court to take this Joint Affidavit on record and quash the proceedings arising out of Crime No.16/2025, in order to secure the ends of justice and to enable the parties to continue their matrimonial life peacefully. 13. We state that this Joint Affidavit is being filed bona fide and in the interest of justice, to place the true facts before this Hon'ble Court. PRAYER WHEREFORE, the Petitioner and Respondent No.2 respectfully pray that this Hon'ble Court may be pleased to: Take this Joint Affidavit on record, and Quash the proceedings arising out of Crime - 6 - HC-KAR NC: 2026:KHC:21391 CRL.P No. 1894 of 2026 No.16/2025 and CC No. 19561/2021 registered by South Women Police Station, Bengaluru and the consequential proceedings pending before the Court of the XXXVII ACJM, Bengaluru, in the interest of justice and equity.” 4. In the light of the joint affidavit being filed and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against these petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. ii. Proceedings in Crime No.16/2025, stand quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE GJM List No.: 1 Sl No.: 22