Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 45943 (KAR)

GUNAKAR MANI v. THE STATE OF KARNATAKA

WP/2427/2026 · 2026-02-03

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6550 WP No. 2427 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2427 OF 2026 (GM-RES) BETWEEN: GUNAKAR MANI, S/O SATYADEO MANI MISHRA AGED ABOUT 42 YEARS, 13TH FLOOR, CEDAR BLOCK, SOBHA FOREST VIEW APARTMENT, 100 FEET ROAD, B.S.K. 6TH STAGE, BENGALURU CITY, KARNATAKA. …PETITIONER (BY SRI. ADOORYA BOMAKKA HARISH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE THALAGHATTAPURA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DR.AMBEDKAR VEEDHI, BENGALURU – 560 109. 2. SWASTIKA, W/O GUNAKAR MANI, AGED ABOUT 36 YEARS, 13TH FLOOR, CEDAR BLOCK, SOBHA FOREST VIEW APARTMENT, 100 FEET ROAD, B.S.K. 6TH STAGE, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6550 WP No. 2427 of 2026 BENGALURU CITY, KARNATAKA. …RESPONDENTS (BY SRI K.NAGESHWARAPPA, HCGP FOR R-1; SMT. KRISHIKA G VAISHNAV, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO-A. QUASH THE COMPLAINT DATED 11.08.2025 FILED BY THE RESPONDENT NO. 2 BEFORE THE THALAGHATTAPURA POLICE STATION (ANNEXURE-A); B. QUASH THE FIR DATED 11.08.2025 BEARING CRIME NO. 299/2025 REGISTERED AT THALAGHATTAPURA POLICE STATION (ANNEXURE -B); C. QUASH THE CHARGE SHEET NO. 182/2025 DATED 16.09.2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 85 OF THE BHARATIYA NYAVA SANHITA, 2023 (ANNEXURE-C); D. QUASH THE ORDER DATED 27.11.2025 TAKING COGNIZANCE ALONG WITH ENTIRE CRIMINAL PROCEEDINGS ARISING OUT OF CRIME NO.299/2025 IN C.C.NO.15933/2025 REGISTERED AT THALAGHATTAPURA POLICE STATION PENDING BEFORE THE HON’BLE COURT OF THE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ACJM). BENGALURU RURAL DISTRICT, BENGALURU (ANNEXURE-D). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6550 WP No. 2427 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a. Issue a writ in the nature of Certiorari or any other appropriate writ, order, or direction, for quashing the Complaint dated 11.08.2025 filed by the Respondent No. 2 before the Thalaghattapura Police Station. (Annexure A); b. Issue a Writ in the nature of Certiorari or any other appropriate writ, order, or direction, quashing the FIR dated 11.08.2025 bearing Crime No. 299/2025 registered at Thalaghattapura Police Station (Annexure B); c. Issue a Writ in the nature of Certiorari or any other appropriate writ, order, or direction, quashing the Charge Sheet No. 182/2025 dated 16.09.2025 for the offence punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (Annexure-C); d. Issue a writ in the nature of Certiorari or any other appropriate writ, order, or direction for quashing the order dated 27.11.2025 taking cognizance along with entire criminal proceedings arising out of Crime No. 299/2025 in C.C.No.15933/2025 registered at Thalaghattapura Police Station pending before the Hon'ble Court of the IInd Additional Chief Judicial Magistrate (ACJM), Bengaluru Rural District, Bengaluru (Annexure-D); e. Pass such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interests of justice and equity." - 4 - HC-KAR NC: 2026:KHC:6550 WP No. 2427 of 2026 2. Heard Sri.Adoorya Bomakka Harish, learned counsel appearing for the petitioner, Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.1, Smt.Krishika G Vaishnav, learned counsel appearing for respondent No.2 and have perused the material on record. 3. Subsequent to the registration of the crime in Crime No.299/2025, the parties to the lis have entered into Mutual Compromise and Settlement Agreement before the Thalaghattapura Police Station on 09.01.2026 and have settled the dispute amongst themselves. The parties to the lis have also filed before this Court the Settlement terms as agreed between petitioner and respondent No.2, which reads as follows: "1. It is submitted that the present Writ Petition bearing W.P. No. 2427/2026 (GM-RES-528) was preferred by the Petitioner herein on 14.01.2026, seeking relief from this Hon'ble Court for quashing the Complaint dated 11.08.2025 filed by Respondent No. 2, the FIR bearing Crime No. 299/2025 registered at Thalaghattapura Police Station, the Charge Sheet bearing No. 182/2025 dated 16.09.2025, and all criminal proceedings arising therefrom, including the proceedings in C.C. No. 15933/2025 pending before the Hon'ble Court of the learned II Additional Chief Judicial Magistrate (ACJM), Bengaluru Rural District, Bengaluru, wherein the Petitioner has been arraigned as the accused for the - 5 - HC-KAR NC: 2026:KHC:6550 WP No. 2427 of 2026 alleged offence punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. It is submitted that the Petitioner and Respondent No. 2 are legally wedded spouses, having solemnized their marriage on 21.04.2014 in accordance with Hindu rites, rituals, and ceremonies. The said wedlock has been blessed with a daughter, who is presently aged about 7 years. It is submitted that both parties are well-educated professionals; the Petitioner is employed as a Buyer/Merchandiser at "ajio.com", Reliance Retail Ltd., while Respondent No. 2 is engaged as a Product Manager at Cloud XP, Jio Platforms Ltd. 3. It is submitted that the genesis of the impugned criminal and proceedings lies in certain matrimonial disputes and misunderstandings that arose between the parties in August 2025. Respondent No. 2 (wife) lodged a complaint dated 11.08.2025 before the Thalaghattapura Police Station, pursuant to which an FIR bearing Crime No. 299/2025 came to be registered on the same day against the Petitioner under Section 85 of the BNS. 4. It is submitted that subsequent to the registration of the FIR, a Charge Sheet bearing No. 182/2025 dated 16.09.2025 was filed for the offence punishable under Section 85 of the BNS before the Hon'ble Court of the learned II Additional Chief Judicial Magistrate (ACJM), Bengaluru Rural District, Bengaluru, and the same was registered as C.C. No. 15933/2025. The learned Magistrate took cognizance of the offence and issued summons to the Petitioner vide order dated 27.11.2025. The Petitioner was granted bail by the Hon'ble II Additional Chief Judicial Magistrate vide order dated 20.09.2025 and has been diligently complying with all bail conditions. 5. It is submitted that during the pendency of the present writ petition and subsequent to the institution of the criminal proceedings, the parties, by mutual consent and agreement, and keeping in view the best interests and welfare of their minor daughter, have amicably reconciled and settled all matrimonial disputes, differences, and misunderstandings that had arisen between them. Upon introspection and reflection, the parties have resolved to put the past behind them and to - 6 - HC-KAR NC: 2026:KHC:6550 WP No. 2427 of 2026 resume their conjugal life as husband and wife, along with their minor daughter, in the best interests of the family unit. 6. It is submitted that in furtherance of the aforesaid reconciliation, the parties have mutually compromised, reconciled, and agreed to resume cohabitation. The said settlement decision has been arrived at voluntarily, out of their free will, without any coercion, threat, undue influence, fraud, or misrepresentation from any person or quarter whatsoever, and in the best interests of both parties as well as their minor daughter. 7. It is submitted that the parties expressly consent to reside at the matrimonial home, where Respondent No. 2 currently resides along with the daughter. Both parties agree to resume their conjugal relationship as husband and wife and to cohabit together as a family unit along with their daughter at the matrimonial home. 8. It is submitted that in view of the aforesaid amicable settlement and reconciliation, Respondent No. 2 (wife/complainant) has no subsisting grievance whatsoever against the Petitioner (husband). Respondent No. 2 has forgiven the Petitioner for any acts or omissions that may have caused her pain or distress. Both parties have resolved to put the past behind them and to start afresh for the sake of their family and their minor daughter. 9. It is submitted that in consideration of the aforesaid mutual compromise and settlement, Respondent No. 2 (wife/complainant) hereby expresses her 'No Objection' to the present writ petition being allowed and the impugned criminal proceedings being quashed. 10. It is submitted that apart from the terms recorded herein, there are no other claims, disputes, or grievances pending between the parties, whether civil or criminal. Both parties acknowledge that all claims and counter-claims between them stand fully settled and satisfied by virtue of the present compromise. 11. It is submitted that in the event of any future marital discord, disagreement, or dispute arising between the parties, both parties agree to first approach a - 7 - HC-KAR NC: 2026:KHC:6550 WP No. 2427 of 2026 mutually agreed marriage counsellor or mediator. The parties shall make bona fide efforts to resolve any dispute through counselling or mediation. Both parties expressly acknowledge and agree that criminal proceedings should not be used as a means of resolving marital disagreements or disputes and undertake not to resort to criminal remedies unless absolutely necessary and justified in law. 12. It is submitted that the compromise/settlement that has taken place between the parties has been arrived at based on their own free will and volition, without any pressure, coercion, threat, undue influence, fraud, or misrepresentation from any person or quarter whatsoever. 13. It is submitted that the parties confirm and affirm that they fully understood the contents, implications, and consequences of the present joint affidavit and settlement and have had the opportunity to seek independent legal advice before executing the same. 14. It is submitted that the contents of the present joint affidavit are true and correct to the best of the knowledge and belief of the parties, and that nothing material has been concealed therefrom. WHEREFORE, the Petitioner and Respondent above named most humbly pray that this Hon'ble Court may be pleased record the above terms of Compromise and pass an order in the interest of justice and equity." 4. Therefore, in light of the settlement arrived at between the parties quoted supra and the offences not being against the State, I deem it appropriate to terminate the proceedings pending against the petitioner in the subject petition. 5. For the aforesaid reasons, the following: - 8 - HC-KAR NC: 2026:KHC:6550 WP No. 2427 of 2026 ORDER i. Criminal Petition is disposed. ii. Proceedings in C.C.No.15933/2025 pending before the IInd Additional Chief Judicial Magistrate (ACJM), Bengaluru Rural District, Bengaluru, stands quashed, qua the petitioner. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 105