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2026 DAILYLAW 45978 (KAR)

SHANTHAMMA v. STATE OF KARNATAKA

CRL.P/701/2026 · 2026-01-21

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:3608 CRL.P No. 701 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 701 OF 2026 BETWEEN: 1. SHANTHAMMA W/O BETTEGOWDA AGED ABOUT 60 YEARS R/A ANUGRAHA NILAYA IINF CROSS BEHIND THE PARK SIDDAROODHA NAGARA BHADRAVATHI SHIMOGA DISTRICT 577 301 2. SHWETHA RANI S.B. W/O KUSHAL RAJ AGE ABOUT 35 YEARS R/A ANUGRAHA NILAYA IINF CROSS BEHIND THE PARK SIDDAROODHA NAGARABHADRAVATHI SHIMOGA DISTRICT 577 301 …PETITIONERS (BY SRI. ANURADHA S K.,ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3608 CRL.P No. 701 of 2026 AND: 1. STATE OF KARNATAKA BY ASSISTANT (THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE- 560 001 2. THE STATION HOUSE OFFICER SUBRAMANYANAGAR POLICE STATION BENGALURU 560 024 3. S KUSHAL RAJ AGE ABOUT 37 YEARS S/O SHANTHARAJ R/A NO 382, 3RD FLOOR 8TH MAIN 2ND STAGE A BLOCK MALLESHWARAM WEST POST BENGALURU 560 055 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.MAYUR D. BHANU, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASHING PROCEEDINGS IN C.C.NO.2257/2022 PENDING BEFORE IN 39tH ACMM, BENGALURU (EARLIER BEFORE IV ADDL CMM COURT AT BENGALURU (39tH ACMM) WHICH IS AT ANNEXURE A. - 3 - HC-KAR NC: 2026:KHC:3608 CRL.P No. 701 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the proceedings in C.C.No.2257/2022 registered for the offences punishable under Sections 420 read with Section 34 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Smt. Anuradha S.K., learned counsel appearing for the petitioners, Sri. Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1, Sri. Mayur D. Bhanu, 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: "APPLICATION UNDER SECTION 528 OF BHARATIYA NAGARIKSURAKSHA SANHITA READ WITH SECTION 359 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA - 4 - HC-KAR NC: 2026:KHC:3608 CRL.P No. 701 of 2026 1. The Petitioners state that the instant application may be treated as part and parcel of the main petition to avoid repetition of facts. 2. The Petitioners state that they have approached this Hon'ble Court seeking quashing of the entire proceedings in C.C No. 2257/2022 pending on the file of XXXII Additional Chief Judicial Magistrate, at Bengaluru for the offences punishable under sections 420 read with section 34 of the Indian Penal Code 3. The Petitioners respectfully state that the impugned proceedings are arising out of a Matrimonial Dispute between the Petitioner No.2 and the Respondent No. 3 wherein, the Respondent No. 3 is none other than the husband of the Petitioner No.2 and the Petitioner No.1 is the mother-in-law of the Respondent No.3. It is stated that due to the intervention of the elders and Family members of both the Respondent No. 3 and the Petitioner No.2, they have settled the matter amicably amongst themselves before the Learned VI Addl. Family Court, at Bengaluru in M.C No. 1559/2022 and in accordance with the same, the Respondent No. 3 no longer wishes to prosecute the instant proceedings against the Petitioners. 4. The Petitioners respectfully state the terms of the compromise petition filed before the Learned VI Addl. Family Court, at Bengaluru in M.C No. 1559/2022 is herewith extracted for the purpose of brevity: "2. Other than this petition, there are certain other cases initiated by the Respondent and her Mother against the Petitioner and his family members and likewise the Petitioner has initiated cases against the Respondent and her mother before various Courts. The following are the details of such proceedings: A) C.C No. 2257/2022 pending on the file of XXXII ACMM, Bengaluru commenced based on the complaint given by the Petitioner against the Respondent and her mother Smt. Shanthamma B. B) Crime No. 38/2022 pending investigation in Bhadravathi Police Station on the file of the Addl. Civil Judge Junior Division and JMFC-II, Bhadravathi, - 5 - HC-KAR NC: 2026:KHC:3608 CRL.P No. 701 of 2026 Shimogga District, registered based on the complaint given by the Respondent against the Petitioner and others. C) Crime No. 179/2023 pending investigation in Bhadravathi Police Station on the file of the Addl. Civil Judge Junior Division and JMFC-II, Bhadravathi, Shimogga District, registered based on the complaint given by Smt. Shanthamma, the mother of the Respondent against one Sri. Gururaj, Petitioner and others. D) Criminal Miscellaneous No. 175/2022 pending on the file of II Addl. Civil Judge and JMFC, Bhadravathi, seeking maintenance under DV Act, initiated by Respondent against the Petitioner and others. E) Criminal Miscellaneous No. 180/2024 pending on the file of II Addl. Civil Judge and JMFC, Bhadravathi, seeking maintenance under DV Act, initiated by Respondent against the Petitioner and Others." 5. The Petitioners further state that it has been agreed that the Respondent No.3 would not prosecute the instant criminal case as both the Petitioners and the Respondent No. 3 have settled the matter and hence the Respondent No. 3 has no objections for quashing, closing, compounding of the proceedings in C.C No. 2257/2022 pending on the file of XXXII Additional Chief Judicial Magistrate, at Bengaluru for the offences punishable under sections 420 read with section 34 of the Indian Penal Code. WHEREFORE, the Petitioners and the Respondent No. 2 humbly pray that this Hon'ble Court be pleased to allow the instant application and permit the Petitioners and Respondent No.3 tocompound the offences as alleged against the Petitioner and further to quash the proceedingsin C.C No. 2257/2022 pending on the file of XXXII Additional Chief Judicial Magistrate, at Bengaluru for the offences punishable under sections 420 read with section 34 of the Indian Penal Code, in the interest of Justice." - 6 - HC-KAR NC: 2026:KHC:3608 CRL.P No. 701 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 pending in C.C.No.2257/2022 pending before 32nd Additional Chief Metropolitan Magistrate, Bangalore, against the petitioners stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 15