Criminal Petition No. 564 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 564 OF 2022 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 7021 OF 2022 Digitally signed by LAKSHMI T Location: High Court of Karnataka IN CRL.P No. 564/2022 BETWEEN: 1. SRI. SANJAY KUMAR YADAV S/O RAJENDRA YADAV, AGED ABOUT 30 YEARS, 4/11 KEB QUARTERS, YADALAM NAGARA, SUBRAMANYAPURA, BENGALURU-560 061. 2. SRI. RAJENDRA YADAV S/O PANCHOO MEHTA, AGED ABOUT 65 YEARS, 421 EF, HARIHARAPUR, HARIHARAPUR THANA, DHANBAD DISTRICT PIN CODE-828 401, JHARKHAND STATE. 3. SMT. CHANDRIKA DEVI W/O RAJEDNRA YADAV, AGED ABOUT 58 YEARS, 421 EF, HARIHARAPUR, DHANBAD DISTRICT PIN CODE-828 401 JHARKHAND STATE. - 2 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 4. SMT. PUSHPA KUMAR YADAV W/O ABHAY KUMAR YADAV, AGED ABOUT 35 YEARS, GRAM GAADI, MOTILAID, BENGABAD THANA, GIRIDIGH DISTRICT JHARKHAND YADAV MOHALLA, PURANA BAZAAR GOMOH DHANBAD-828 401. 5. PRIYANKA KUMARI W/O SATISH KUMAR, AGED ABOUT 27 YEARS, NEAR SHIVA MANDIR, KRISHNA NAGAR, REVELI POST, KATNANDAR, THANA HAZAROBAHGH DISTRICT YADAV MOHALLA, PURANA BAZAAR GOMOH, DHANBAD PIN-828 401, JHARKHAND.
Legal Reasoning
(BY SOWMYA ANANTH, ADVOCATE FOR SRI. SANDEEP LAHIRI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUBRAMANYPURA POLICE STATION BANGALORE-560 061. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, OFFICE OF ADVOCATE GENERAL, HIGH COURT ANNEX, DR.B.R.AMBEDBAR VEEDHI, BENGALURU-560 001. 2. VARSHA KUMARI W/O SANJAY YADAV, …PETITIONERS - 3 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 AGED ABOUT 26 YEARS, NO.2. 4/11, KEB QUARTERS, YADALAM NAGARA, SUBRAMANYAPURA, BENGALURU-560 061. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; MS. RACHANA M., ADVOCATE FOR SRI. KAPIL DIXIT, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.21107/2021 ON THE FILE OF II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE FOR OFFENCES UNDER SECTION U/S 323, 498A, R/W 34 OF INDIAL PENAL CODE AND SEC.3, 4 AND 6 OF D.P.ACT. IN CRL.P NO. 7021/2022 BETWEEN: 1. AKASH KUMAR S/O SIKANDER PRASAD, AGED ABOUT 31 YEARS, RESIDING AT RAJESHWAR VIHAR, PHASE–2, KURTHOUL, PARSA BAZAAR POLICE STATION, PATNA, BIHAR–804 453. 2. SIKANDAR PRASAD S/O LT. RAMDAS PRASAD, AGED ABOUT 55 YEARS, RESIDING AT RAJESHWAR VIHAR, PHASE-2, KURTHOUL, PARSA BAZAAR POLICE STATION, PATNA, BIHAR-804 453. ...PETITIONERS - 4 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 (BY MS. RACHANA M., ADVOCATE FOR SRI. KAPIL DIXIT, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY HAROHALLI POLICE STATION, RAMANAGARA DISTRICT, KARNATAKA. 2. SANJAY KUMAR YADAV S/O RAJENDRA YADAV, AGED ABOUT 31 YEARS, RESIDING AT KAGGALAHALLI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA, KARNATAKA. ...RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; MS. SOWMYA ANANTH, ADVOCATE FOR SRI. SANDEEP LAHIRI, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 21.02.2022 AND THE ENTIRE PROCEEDINGS IN CRIME NO.62/2022 REGISTERED BY HAROHALLI POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE U/S 506, 507 R/W 34 OF IPC PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, KANAKAPURA RAMANAGARA, QUA THE PETITIONER WHO ARE ARRAYED AS ACCUSED NO.1 AND 2. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Crl.P No.564/2022 is preferred by the petitioners for quashing the proceedings in C.C.No.21107/2021 pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru for offences punishable under Section 323, 498A r/w 34 of IPC and Section 3, 4 and 6 of DP Act. 2. Crl.P No.7021/2022 is preferred by the petitioners to quash the complaint dated 21.02.2022 and the entire proceedings in Crime No.62/2022 registered at Harohalli Police Station for offences punishable under Section 506, 507 r/w 34 of IPC. 3. Petitioner No.1 and respondent No.2 in Crl.P No.564/2022 are present before the Court. Petitioner No.1 is also the complainant in the connected petition. They submitted that they have settled the dispute and therefore, they do not want to proceed with the criminal proceedings initiated by them. - 6 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 4. Both the cases arise out of a matrimonial dispute. Petitioners in Crl.P No.564/2022 are husband and his family members, wherein respondent No.2/defacto complainant, wife of petitioner No.1 has initiated the said proceeding by lodging a complaint at Subramanyapura Police Station, Bengaluru City registered in Crime No.29/2021. 5. Petitioners in Crl.P No.7021/2022 are the brother-in-law and father-in-law of respondent No.2/defacto complainant, wherein they challenged the FIR in Crime No.62/2022 registered at Harohalli Police Station, Ramanagara and the consequent proceedings. 6. A Joint affidavit for settlement has been filed and signed by petitioner No.1 and respondent No.2 in Crime No.564/2022. It is stated that pursuant to the settlement agreement, a decree of divorce has been drawn by the family Court, Bengaluru in M.C.No.374/2024 on 26.07.2024. Hence, the respective complainants have no - 7 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 objection to quash both the FIRs and proceedings pending thereon. 7. The joint affidavit reads as under: “We, (1) Sanjay Kumar Yadav, S/o. Rajendra Yadav, Aged about 30 years, 4/11 KEB Quarters, Yadalam Nagara, Subramanyapura, B’lore-560061 (2) Varsha Kumari D/o Sikandar Prasad, R/at Kurthaul, Patna, Bihar-804453, today at Bangalore do solemnly swear as under:- 1. We state that, Sanjay Kumar Yadav and his family members are the petitioners in Crl.P.No.564/2022 and Varsha Kumari is the Respondent No.2/Complainant. The father and brother of Varsha Kumari are the Petitioners in Crl.P.No.7021/2022 and Sanjay Kumar Yadav is the Complainant/Respondent No.2. 2. We state that our marriage was solemnized on 02.03.2020, which due to irreconcilable differences and incompatibility broke down. 3. We state that thereafter complaints in Crime No.29/2021 (CC.No.21107/2021) and Crime No.62/2022 came to be filed which are under challenge in the present petitions. - 8 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 4. We state that thereafter, we have entered into Memorandum of Settlement dated 23/07/2024 where in we have agreed to co-operate with each others in quashing the FIRs amongst other terms. We have been compliant with the terms of the Settlement Agreement and payments therein are made and received. 5. Pursuant to the Settlement Agreement, Divorce Decree dt.26/7/2024 has also been drawn in MC.No.374/2024 and our marriage has been dissolved. 6. Hence in furtherance of the same we have no objections to quash the FIR in Crime No.29/2021 and proceedings in CC.No.21107/2021 on the file of the II ACMM, B’lore and the FIR in Crime No.62/2022 registered before the Harohalli Police Station. 7. That the ‘No objection’ is being issued on our own volition and there is no coercion. Wherefore it is most humbly prayed that this Hon’ble Court may kindly be pleased to:- (i) Quash the proceedings in CC.No.21107/2021 on the file of the II ACMM, B’lore for the offences under Sections 323, 498A, r/w 34 of IPC and Section 3, 4 & 6 of the Dowry Prohibition Act. - 9 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 (ii) Quash the complaint dated 21/02/2022 and entire proceedings in Crime No.62/2022 registered by Harohalli Police Station against the Petitioners pending on the file of Prl. Civil Judge & JMFC, Kanakpura. In view of the settlement between the parties.” 8. The memorandum of settlement filed by the parties before the VII Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru in M.C.No.374/2024 is also furnished. Based on which, the family Court has passed a decree of divorce vide order dated 26.07.2024 thereby dissolving the marriage between the parties solemnized on 02.03.2020. 9. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure ends of justice; or (ii) to prevent abuse of the process of any Court. It is - 10 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022 further held that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 10. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Supreme Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and the compromise is entered into between the parties. 11. In view of the settlement between the parties, no purpose will be served in keeping the proceedings pending before the trail Court. Hence, to meet the ends of justice, it is just and necessary to allow the petitions. Accordingly, the following: - 11 - NC: 2025:KHC:15332 CRL.P No. 564 of 2022 C/W CRL.P No. 7021 of 2022
Decision
ORDER Both the petitions are allowed. The proceedings in C.C.No.21107/2021 arising out of Crime No.29/2021 pending on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru and the proceedings arising out of Crime No.62/2022 registered at Harohalli Police Station, Bengaluru pending before the Principal Civil Judge (Jr. Dn) and JMFC Court, Kanakapura, Ramanagara are quashed. Pending I.As are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 37 CT:ar