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2026 DAILYLAW 45782 (KAR)

LOKESH SUKHIJA v. STATE OF KARNATAKA

CRL.P/560/2026 · 2026-01-19

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2742 CRL.P No. 560 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 560 OF 2026 BETWEEN: 1. LOKESH SUKHIJA S/O YASHPAL ASHOK AGED ABOUT 44 YEARS I-20 LAJPAT NAGAR -III SOUTH DELHI - 110024 AT PRESENT NO-24-B TOWER-1, SNN CLERMONT, JOGAPPA LAYOUT, NAGAWARA, HEBBAL, BENGALURU CITY, KARNATAKA - 560 024. 2. PRIYANKA DIWAN C/O NAVIN DIWAN AGED ABOUT 36 YEARS FLAT NO-A1, 86 DONUM DEI 1ST CROSS, VIVEKANANDA NAGAR JAI BHARATH NAGAR, BENGALURU KARNATAKA - 560 033. …PETITIONERS (BY SRI. MUHAMMAD IRSHAD M.H, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2742 CRL.P No. 560 of 2026 AND: 1. STATE OF KARNATAKA REP. BY INDIRA NAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 01. 2. VANITHA W/O LOKESH SUKHIJA, AGED ABOUT 41 YEARS, R/AT NO. 24-B, TOWER-1, SNN CLERMONT, JOGAPPA LAYOUT, NAGAWARA, BENGALURU - 560 024 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. AKASH RAJU, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND THE CHARGE SHEET FILED IN CC.NO.55418/2024 ARISING OUT OF CR.NO.49/2023 OF INDIRANAGAR P.S., FOR THE OFFENCES P/U/S 498(A), 323, 504, 506 R/W 34 OF IPC, PENDING BEFORE X ACMM, AT MAYO HALL, BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2742 CRL.P No. 560 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.55418/2024 registered for offence punishable under Sections 498A, 323, 504, 506 read with 34 of the Indian Penal Code, 1860. 2. Heard Sri. Muhammad Irshad M.H., learned counsel appearing for the petitioner, Sri. Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1, Sri. Akash Raju, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows: "JOINT AFFIDAVIT We, Lokesh Sukhija, S/o Yashpal Ashok, aged about 44 years, Petitioner No. 1 herein, and Smt. Vanitha, W/o Lokesh Sukhija, aged about 41 years, Respondent No. 2 herein, both residing at No. 24-B, Tower-1, SNN Clermont, Jogappa Layout, Nagawara, Bengaluru 560024, do hereby solemnly affirm and state on oath as follows: - 4 - HC-KAR NC: 2026:KHC:2742 CRL.P No. 560 of 2026 1- We are Petitioner No. 1 (Husband) and Respondent No. 2 (Wife/Complainant) in the above-styled Criminal Petition. We are fully conversant with the facts and circumstances of the case, and we are competent to swear to this Joint Affidavit. 2- Respondent No. 2 (Complainant) states that she had lodged a complaint on 16.03.2023 before the Indiranagar Police Station, which was registered as Cr. No. 49/2023 for offences punishable under Sections 498A, 323, 504, 506 read with 34 of the Indian Penal Code. Subsequently, the Respondent No. 1 Police filed a Charge Sheet, and the matter is currently pending as C.C. No. 55418/2024 on the file of the X Addl. Chief Metropolitan Magistrate, Mayohall, Bengaluru. states that she had lodged a complaint on 16.03.2023 before the Indiranagar Police Station, which was registered as Cr. No. 49/2023 for offences punishable under Sections 498A, 323, 504, 506 read with 34 of the Indian Penal Code. Subsequently, the Respondent No. 1 Police filed a Charge Sheet, and the matter is currently pending as C.C. No. 55418/2024 on the file of the X Addl. Chief Metropolitan Magistrate, Mayohall, Bengaluru. 3- We jointly submit that the genesis of the aforementioned criminal proceedings lay in a matrimonial dispute and personal differences between Petitioner No. 1 and Respondent No. 2. The allegations made in the FIR and the subsequent Charge Sheet were a result of emotional distress, domestic friction, and temperamental incompatibilities that existed at the time of filing the complaint. 4- We state that during the pendency of the proceedings before the Trial Court, well-wishers, common friends, and elders of both our families intervened to mediate and resolve the discord. After several rounds of discussions and mediation, we have reached a comprehensive and amicable settlement of all our disputes and grievances. 5- We have both realized that the continuation of the criminal proceedings would serve no productive purpose and would only result in further bitterness, hindering our - 5 - HC-KAR NC: 2026:KHC:2742 CRL.P No. 560 of 2026 ability to move forward in life. We are now living/desiring to live in peace and harmony, having buried all past differences. 6- I, Smt. Vanitha, the Respondent No. 2 and the original Complainant, do hereby state as follows: a) That I have entered into this settlement of my own free will and volition, without any threat, coercion, or undue influence from the Petitioners or any other person. b) That in view of the amicable settlement reached with my husband (Petitioner No. 1), I do not wish to pursue the criminal prosecution against Petitioner No. 1 and Petitioner No. 2 (Ms. Priyanka Diwan). c) That I have no objection whatsoever for this Hon'ble Court to QUASH the entire proceedings and the Charge Sheet in C.C. No. 55418/2024 pending before the X Addl. CMM, Mayohall, Bengaluru, against both the Petitioners. d) I state that the allegations against Petitioner No. 2 were incidental to the matrimonial dispute, and in the interest of total reconciliation, I withdraw all such allegations. 7- We jointly submit that since the Complainant (Respondent No.2) has settled the matter and is unwilling to testify against the Petitioners, the chances of the prosecution securing a conviction are non-existent. Any further trial would be a waste of the Hon'ble Court's precious time and an exercise in futility. 8- We state that this settlement is bonafide and in the interest of justice. We humbly request this Hon'ble Court to exercise its inherent powers under Section 528 of the BNSS (corresponding to Section 482 of CrPC) to quash the proceedings to prevent the abuse of the process of law and to secure the ends of justice. 9- We, the deponents, do hereby declare that the contents of this affidavit in paragraphs 1 to 8 are true and correct to the best of our knowledge, information, and belief, and nothing material has been concealed therefrom." - 6 - HC-KAR NC: 2026:KHC:2742 CRL.P No. 560 of 2026 4. In the light of application for compounding being filed along with the joint 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. For the aforesaid reasons, the following: ORDER i. Criminal Petition stands disposed. ii. Proceedings in C.C.No.55418/2024 pending on the file of X Additional Chief Metropolitan Magistrate at Mayohall Bengaluru city, against the petitioners stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 81