Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(KAR) 3241

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR JUSTICE S.R.KRISHNA KUMAR, J
Pavithra @ Swathi, D/o Late Ramappa – Appellant
Versus
State Of Karnataka – Respondent
CRIMINAL PETITION NO. 3746 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 7782 OF 2021 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO.9339 OF 2021(482(Cr.PC) / 528(BNSS)

Advocates:
Advocate Appeared:
For the Appellant :SRI. HAREESH BHANDARY T., ADVOCATE
For the Respondent: SRI. THEJESH, HCGP FOR R-1 SRI A.V.RAMAKRISHNA, ADV.
:

The court can quash proceedings based on amicable settlement between parties, even if some offences are non-compoundable.

Headnote:(A) Indian Penal Code, 1860 - Sections 494, 495, 506, 504, 376, 406, 420, 307, 323, 354, 114, 417, 149 - Quashing of FIRs and proceedings - Petitioners sought to quash proceedings in multiple cases due to amicable settlement between parties - The court noted that the parties had settled their disputes and agreed to withdraw cases against each other - The court quashed the proceedings in C.C.No.8161/2022, Crime No.121/2021, and Crime No.240/2021 as per the joint applications filed under Section 482 R/w. Section 320(2) of Cr.P.C. (Paras 1-5)

(B) Compounding of Offences - The court acknowledged that some offences are non-compoundable, but permitted compounding in light of the settlement reached between the parties. (Paras 5)

Facts of the case:
The petitioners sought to quash FIRs and proceedings related to various offences under IPC, citing amicable settlement and withdrawal of complaints.

Findings of Court:
The court quashed the proceedings in all mentioned cases based on the joint applications for compounding.

Issues: The main issue was whether the court could quash proceedings based on the parties' settlement, especially considering the nature of the offences.

Ratio Decidendi: The court held that the amicable settlement between the parties warranted the quashing of proceedings, despite some offences being non-compoundable.

Result: The petitions are disposed of and the proceedings are quashed.

ORAL ORDER

In Crl.P.No.3746/2024, petitioners have sought for the following relief:-

“ WHEREFORE, it is respectfully prayed that this Hon’ble Court may kindly be pleased to quash the entire proceedings in C.C.No.8161/2022(P.C.R.No.42/2022) pending before the Court of Chief Judicial Magistrate, Bengaluru registered on the private complaint filed by the respondent for the offence punishable under section 494, 495 read with section 34 of IPC , in the interest of justice.”

2. In Crl.P.No.7782/2021, petitioners have sought for the following relief:-

“ a) Quash the FIR in Crime No. 121/2021 of Harihara Town Police Station for the offences punishable under Sections – 506, 504, 376, 406, 420, 307, 323, 354 , 114 & 417, R/w 149 of IPC , registered against the petitioners as per Annexure-‘A’ pending on the file of Addl. Civil Judge (Jr.Dn) and JMFC Court, Harihara, Davanagere and

b) Grant such other reliefs as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice.”

3. In Crl.P.No.9339/2021, petitioners have sought for the following relief:-

“ WHEREFORE, it is respectfully prayed that this Hon’ble Court be pleased to quash the FIR against the petitioners in Crime No. 240/2021 of Byadarahalli police station registered for the offence punishable under Sections 495 , 380, 406 , 420 read with section 34 of IPC on the file Chief Magistrate Court, Bengaluru Rural District, Bengaluru in the interest of justice”

4. Learned counsel for the petitioners and respondent No.2-complainants in all these petitions have filed applications under Section 482 R/w. Section 320 (2) of the Cr.P.C . and the same are taken on record.

4. Petitioners and respondent No.2 – complainants and their counsel in all the petitions are physically present before the Court and they admit the contents of the applications filed in all the three petitions, under Section 482 R/w. Section 320 (2) of the Cr.P.C ., which read as under:-

In Crl.P.No.3746/2024

“APPLICATION UNDER SECTION 482 R/W 320(2) OF THE CODE OF CRIMINAL PROCEDURE The petitioners and respondent above named begs to submit as follows:

1. That the above criminal petition is filed with a prayer to quash the entire proceedings in C.C. 8161/2022(P.C.R.No.42/2022) pending before the court of Chief Judicial Magistrate, Bengaluru registered on the private complaint filed by the respondent for the offence punishable under Section 494 , 495 Read with Section 34 of IPC . The Respondent is the complaint in the above petition.

2. It is relevant to submit here that the respondent has filed the petition against he petitioner no.1 herein before the Court of Civil Judge (Senior Division) at Bhatkal in M.C.No. 7/2023 with a prayer for Decree of Divorce. That on 16.10.2024 both the parties have appeared before the Court of Civil Judge (Sr.Dvn,) Bhatkal and settled the matter out of court and filed the applicant under order 234 Rule-3 of CPC and the same was considered by the said Court and accordingly, both the first petitioner herein and the respondent took divorce as per the terms and conditions mentioned in the compromise petition.

3. It is submitted that the petitioner no.1 herein has agreed that she is ready to take back/not press the case filed by her i.e., 1) Crl.Misc.No.350/2021 for maintenance on the file of the Court of Family Judge, Davanagere, 2) O.S.No. 109/2021 for Partition Suit on the file of Court of Principal civil Judge (Jr.Dvn at Bhatkal, 3) Crime No. 121/2021, Harihara Town Police Station, vs. Raghavendra Hegde.

4. It is submitted that, the respondent has agreed to take back/notpress the cases filed by him i.e., 1) C.C.No. 8161/2022 arising out of PCR No. 12/2022 pending on the file of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru against Pavithra and others, which the petitioners filed the present petition before this Hon’ble Court for c/w quashing the entire proceedings 2) C.C.No. 3873/2023 state by Byadarahalli Police Station vs Pavithra and others agai

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