Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 41752 (KAR)

SMT BHAVYA v. THE STATE OF KARNATAKA

CRL.P/9950/2023 · 2026-09-23

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010495292023 NC: 2026:KHC:52761 CRL.P No. 9950 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9950 OF 2023 BETWEEN: 1. SMT. BHAVYA W/O LANKESH AGED ABOUT 37 YEARS R/AT NO.562, KARASAVADI ROAD, KAVERI NAGAR, MANDYA 2. SRI. LANKESH S/O PUTTASWAMY, AGED ABOUT 38 YEARS, R/AT NO. 562 KARASAVADI ROAD, KAVERI NAGAR, MANDYA …PETITIONERS (BY SRI JAYANTH KUMAR M, ADV., FOR SRI SHARATH S. GOWDA, ADV.) AND: 1. THE STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001 2. DEEPIKA W/O DEVAKUMAR, D/O PRABHULINGU D AGED ABOUT 35 YEARS, NO. 20, 9th B MAIN ROAD, BHYRAVESHWARA NAGARA NAGARABHAVI Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010495292023 NC: 2026:KHC:52761 CRL.P No. 9950 of 2023 BANGALORE 560 072 …RESPONDENTS (BY SMT. RAKSHA KEETHANA K, ADV., FOR SRI KEMPARAJU, ADV., FOR R-2; SRI CHANNAPPA ERAPPA, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASHING THE CHARGE SHEET IN C.C.NO.29539/2017 PENDING ON THE FILE OF THE HONBLE COURT OF THE VIII A.C.M.M BENGALURU FOR THE OFFENCE P/U/S 498(A),323,504,506 R/W 34 OF IPC AND SEC.3,4 OF D.P ACT IN SO FAR AS THE PETITIONERS ARE CONCERNED. 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.5 and 6 are before this Court in this petition filed under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.29539 of 2017 pending before the Court of VIII ACMM, Bengaluru arising out of Crime No.460 of 2017 registered by Chandra Layout Police Station, Bengaluru for offences punishable under Sections 498A, 323, 504, 506 R/w Section 34 of IPC and Sections 3 and 4 of D.P. Act, 1961. 2. Heard the learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010495292023 NC: 2026:KHC:52761 CRL.P No. 9950 of 2023 3. Learned counsel for the petitioners and learned counsel for respondent no.2 jointly submit that dispute between the parties has been amicably settled and the parties have today filed a application under Section 320 of Cr.P.C, supported by joint affidavit of the parties reporting settlement. Accordingly, they pray to allow the petition. 4. The parties, who are present before the Court physically and virtually are identified by their respective advocates. It is Submitted that settlement between the parties is voluntary without their being any undue influence and coercion. The application filed under Section 320 R/w Section 482 of Cr.P.C, is supported by joint affidavit. In paragraph nos.2 to 4 of the application, it is stated as follows: 2. It is submitted that, the Petitioners are arrayed has Accused No.5 and 6 and Petitioner No.1 is the Sister- in-law of the Complainant/Respondent No.2 and the Petitioner. No.2 is the husband of Petitioner No.1. 3. It is submitted that, subsequent to filing of the aforesaid complaint, there were subsequent events, wherein the Respondent No.2 entered into memo of settlement with her husband and after reunion a child was born. Thereafter, ones again the relationship of the - 4 - HC-KAR CNR: KAHC010495292023 NC: 2026:KHC:52761 CRL.P No. 9950 of 2023 Respondent No.2 with her husband got strained and they are not now leaving together. 4. It is submitted that, however, at present the Respondent No.2 does not wish to pursue the Compliant and has voluntarily agreed to withdraw the allegations made against the Petitioners herein." 5. In paragraph number 3 of the joint affidavit, it is stated as follows: "We, the Petitioners and Respondent No.2 have decided to put an end and to quash the entire proceedings in C.C.29539/2017, registered by Respondent No.1 Chandra Layout Police Station Bangalore for the offence punishable under section 498(A), 323, 504, 506 r/w 34 of IPC and section 3 and 4 of DP Act, pending on the file of VIII ACMM at Bengaluru in the interest of justice. Therefore, myself that is Respondent No.2/Complainant does not wish to pursue the above complaint and undertakes to withdraw the same pending against the Petitioners." 6. Considering the nature of allegations found against the petitioners herein, who are the sister and brother-in-law of accused no.1 and also having regard to settlement which is arrived between the parties, now reported by filing the application under Section 320 R/w Section 482 of Cr.P.C with a - 5 - HC-KAR CNR: KAHC010495292023 NC: 2026:KHC:52761 CRL.P No. 9950 of 2023 prayer to permit the parties to compound the aforesaid offences, the prayer made in the application as well as the petition needs to be granted. 7. Accordingly, I.A.No.1/2026 filed under Section 320 R/w Section 482 of Cr.P.C, by the parties is allowed. The parties are permitted to compound the offences for which petitioners are charge sheeted in the impugned proceedings. Consequently, criminal petition is allowed. The entire proceedings in C.C.No.29539 of 2017 pending before the Court of VIII ACMM, Bengaluru arising out of Crime No.460 of 2017 registered by Chandra Layout Police Station, Bengaluru for offences punishable under Sections 498A, 323, 504, 506 R/w Section 34 of IPC and Sections 3 and 4 of D.P. Act, 1961 is quashed against the petitioners. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 2 Sl No.: 20