BASANTH P v. THE STATE OF KARNATAKA

(BY SMT. SNEHA NAGARAJ, ADVOCATE) AND:

1. THE STATE OF KARNATAKA, BY WEST ZONE WOMEN POLICE STATION, BASAVANAGUDI, BANGALORE, REPRESENTED BY SPP, BANGALORE - 560 004.

2. BINDUSRI R, W/O BASANTH P, AGED ABOUT 33 YEARS, R/AT NO.23, VANISADAN, 3RD FLOOR, 1ST CROSS, 1ST MAIN, VIVEKANANDA NAGARA, BANASHANKARI III STAGE, BENGALURU CITY - 560 085. (BY SMT. M.M.WAHEEDA, HCGP FOR R1) …RESPONDENTS - 2 - NC: 2026:KHC:30103 WP No. 23040 of 2025 HC-KAR THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS, 2023 PRAYING TO CALL FOR THE RECORDS IN CRIME NO.0031/2025 DATED 28.02.25 ON THE FILE OF 24TH ADDL. C.M.M NRUPATUNGA ROAD, BENGALURU CITY AND ETC. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in Crime No.31/2025 registered for the offences under Sections 498A, 504 and 506 of the Indian Penal Code read with Sections 3 & 4 of the Dowry Prohibition Act.

2. Heard Smt.Sneha Nagaraj, learned counsel appearing for the petitioner, Smt.M.M.Waheeda, learned HCGP appearing for respondent No.1 and have perused the material on record.

3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves before the Family Court at Bengaluru in M.C.No.4343/2022 and have filed - 3 - NC: 2026:KHC:30103 WP No. 23040 of 2025 HC-KAR a Memo of Settlement before this Court. The said Memo of Settlement reads as follows: "1. The Petitioner has filed the present Petition under Article 226 & 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of further proceedings in Crime No. 0031/2025 and C.C. No. 19954/2025 pending before the Court of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru. the FIR, charge sheet and all

2. It is submitted that the Petitioner and Respondent No.2 are husband and wife. Certain matrimonial disputes arose between them, resulting in the registration of Crime No. 0031/2025 before the Women Police Station, West Zone, Bengaluru City, at the instance of Respondent No. 2.

3. Pursuant to the investigation conducted by the Police, a charge sheet dated 16.06.2025 came to be filed before the Court of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, which was registered as C.C. No. 19954/2025.

4. It is submitted that Respondent No. 2 lodged the aforesaid complaint against the Petitioner for the offences punishable under Sections 498A, 504 and 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, and the said case is presently pending in C.C. No. 19954/2025 on the file of the XXIV A.C.M.M., Bengaluru.

5. It is further submitted that the parties had also initiated matrimonial proceedings before the Family Court, Bengaluru, in M.C. No. 4343/2022.

6. During the pendency of the said matrimonial proceedings, the parties amicably resolved all their disputes and entered into a Settlement Agreement before the Court of the V Additional Principal Judge, Family Court at Bengaluru in M.C. No. 4343/2022. A copy of the Settlement Agreement is produced herewith and marked as Annexure-A. Accordingly, M.C. No. 4343/2022 filed before the V Additional Principal Judge, Family Court, Bengaluru has been decreed as per the settlement agreement. A copy of the decree in M.C. - 4 - NC: 2026:KHC:30103 WP No. 23040 of 2025 HC-KAR No. 4343/2022 dated 18.08.2025 is produced herewith as Annexure- B.

7. As per the terms of the Settlement Agreement, Respondent No. 2 agreed to withdraw and cooperate in quashing all criminal proceedings initiated against the Petitioner arising out of the matrimonial dispute, including C.C. No. 19954/2025.

8. It is submitted that the compromise arrived at between the parties is voluntary and has been entered into out of their own free will and consent, without any force, coercion, undue influence, pressure, threat or inducement from any quarter.

9. It is further submitted that in view of the settlement arrived at between the parties, Respondent No. 2 is no longer interested in prosecuting the criminal case against the Petitioner and has no objection to the quashing of the proceedings in C.C. No. 19954/2025.

10. The Petitioner and Respondent No. 2 therefore seek the indulgence of this Hon'ble Court to quash the proceedings in C.C. No. 19954/2025 in light of the compromise effected between them. It is respectfully submitted that continuation of the criminal proceedings would serve no useful purpose and would only result in unnecessary hardship to the parties.

11. It is submitted that the Hon'ble Supreme Court in Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582, has held that where parties have amicably settled their disputes, continuation of criminal proceedings would be unnecessary and the same may be quashed in the interest of justice. further submitted that,

12. It facts and circumstances of the present case, continuation of the proceedings in C.C. No. 19954/2025 would amount to an abuse of the process of law, particularly when the dispute is purely matrimonial in nature and has been amicably settled between the parties. in the

13. It is submitted that all necessary parties are before this Hon'ble Court, and no other person is required to be impleaded in the present proceedings. - 5 - NC: 2026:KHC:30103 WP No. 23040 of 2025 HC-KAR

14. It is submitted that this Joint Compromise Application is being filed bona fide and in the interest of justice. WHEREFORE, the Petitioner and Respondent No. 2 most respectfully pray that this Hon'ble Court be pleased to: a) Record the compromise entered into between the parties; b) Quash the FIR in Crime No. 0031/2025 and all consequential proceedings arising C.C. No. 19954/2025 pending on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru; and therefrom, including c) Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity."

4. The parties to the lis are present before the Court and are identified by their respective counsels.

5. In the light of aforesaid Memo of Settlement being filed before this Court as quoted supra and offences not being against the State, I deem it appropriate to accept the Memo of Settlement and terminate the proceedings against petitioner in the subject petition.

6. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. - 6 - NC: 2026:KHC:30103 WP No. 23040 of 2025 HC-KAR [II] Proceedings in Crime No.31/2025 pending before the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 88