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2025 Supreme(Online)(Kar) 14492

KARNATAKA HIGH COURT
S.R. KRISHNA KUMAR, J
KISHORE P., PUTTACHANNAPPA, SARASWATHAMMA, CHANDAN P. – Appellant
Versus
STATE OF KARNATAKA, VARSHA @ INCHARA – Respondent
CRIMINAL PETITION NO. 4933 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. LAKSHMIKANTH K.
For the Respondents: SRI. B. N. JAGADEESHA, SRI. ABHISHEK KUMAR

Settlement between parties recognizing mutual consent leads to quashing of FIR, reinforcing the principle of amicable resolution in legal disputes.

Headnote:(A) Criminal Procedure Code - Sections 482, 359 - Bharatiya Nagarika Suraksha Sanhita, 2023 - Parties settled their disputes outside of court and agreed to quash the FIR against them - Joint affidavit filed by the parties detailing amicable settlement of all disputes and returning exchanged items - Court acknowledges and accepts the joint affidavit leading to quash of FIR. (Paras 1-4)

(B) Quashing of FIR - The court held that amicable settlement between the parties without coercion is valid, and in the interest of justice, the FIR pending against the accused must be quashed. (Paras 3-4)

Table of Content
1. petitioners seek to quash fir for offences under bns and dpa. (Para 1)
2. settlement led to quashing of fir. (Para 2)
3. court accepts amicable settlement with no coercion. (Para 3)

ORAL ORDER

In this petition, petitioner has sought for the following relief:-

“ a) Call for the relevant records;

b) Allow this Criminal Petition by quashing the FIR proceedings No.1 pending against the petitioner No.1 to 4, who are Accused No.1 to Accused No.4 in Crime No.12/2025 registered by Dharmasthala Police Station, for offences punishable under Sections 109, 115(2), 118(1), 3(5), 351(2), 351(3), 352, 85 of BNS and Sections 3 and 4 of Dowry Prohibition Act, 1961 pending on the file of Additional Civil Judge and JMFC Belthangady, Dakshina Kannada, in the interest of justice and equity.

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

2. Learned counsel for the petitioners – accused Nos.1 to

4 and learned counsel for 2nd respondent – complainant have filed an application under Section 359 read with Section 528 of BNSS, 2023 for compounding of offences along with Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.

3. Petitioners – accused Nos.1 to 4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application under Section 3 59 read with 528 of BNS along with Joint Affidavit, which reads as under:-

Application under Section 3 59 read with Section 528 of BNS, 2023 for compounding of offences For the reasons stated in the accompanying affidavit, it is respectfully prayed that this Hon’ble Court may be pleased to allow the parties to settle the dispute in terms of the settlement agreed by them and quash FIR and complaint in Crime No.12/2025 for offences punishable under Sections 85, 109, 115(2), 118(1), 351(2), 351(3), 352, 3(5) of BNS and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of Additional Civil Judge and JMFC Court, Belthangady, Dakshina Kannada, in the interest of justice.

JOINT AFFIDAVIT We, Petitioner No.1: Kishore P., Petitioner No.2:

Puttachennappa, Petitioner No.3: Saraswathamma, and Petitioner No.4: Chandan P., all residing at #374/14, 4th Cross, Patel Channappa Badavanie, Nelamangala, Bengaluru Rural, Karnataka – 562 123 today at Bengaluru and Respondent No.2 Varsha @ Inchara residing at #39, 1st Main Road, 2nd Cross Road, Manasanagara, Teachers Colony, Nagarabhavi Circle, Bengaluru City, Karnataka today at Bengaluru do hereby affirm and state on oath as under:

1. We, the Petitioners and Respondent No.2 are deposing this affidavit today in the above- mentioned case and we are well aware of the facts and circumstances of the case and we are competent to swear to this affidavit.

2. We state that the averments made in the Memorandum of Petition may be treated as party and parcel of this affidavit in order to avoid brevity and circumlocution.

3. We state that, the Petitioners has filed the above petition Under Section 528 of the Bharatiya Nagarika Suraksha Sanhita , 2023 with aprayer to quash the FIR and Complaint in Crime No.12/2025 for the offences punishable under sections 85, 109, 115(2), 118(1), 351(2), 351(3), 352, 3(5) of BNS and Sections 3 & 4 of Dowry Prohibition Act, pending on the file of Addl. Civil Judge & JMFC Court, Belthangady, Dakshina Kannada, we state that the Respondent No.2 wife of Petitioner No.1. The Respondent No.2 has also agreed to co- operate with the Petitioner No.1 in closing the Departmental Enquiry initiated by the concerned Department.

4. We state that, we are willing to settle/compound the offences and the Respondent No.2 shall withdraw the allegation against the Petitioners. Subsequently, to facilitate the said settlement, the Petitioners and Respondent No.2 have amicably settled the dispute out of court and on the advice of well-wish

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