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2025 Supreme(Online)(Kar) 17932

KARNATAKA HIGH COURT
V SRISHANANDA, J
JAYASHREE W/O HUSANAPPA PUJARI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 201271 OF 2023 | CRIMINAL PETITION NO. 201158 OF 2024



Advocates:
For the Appellants/Petitioners: SRI CHAITANYAKUMAR C.M., SRI RAVI G. MADABHAVI
For the Respondents: SRI VEERANAGOUDA MALIPATIL, SRI ARUNKUMAR AMARGUNDAPPA, SRI JAMADAR SHAHABUDDIN

The court recognizes the validity of amicable settlements in criminal cases for quashing charges where both parties consent freely.

Headnote:(A) IPC - Sections 498A, 323, 504, 506 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Petitioners sought to quash the charges in Crime No. 190/2021 on grounds of amicable settlement between parties. Parties entered into a settlement where the respondent agreed to withdraw the case against the petitioners in exchange for Rs. 25,00,000/- as final settlement for all claims without coercion. (Paras 2-6)

(B) Quashing of FIR - The court allowed the petitions based on the amicable settlement reached and quashed the FIR against the petitioners, emphasizing that all agreements were voluntary and not forced. (Paras 2-4)

Table of Content
1. court confirmed amicable settlement agreement was reached voluntarily. (Para 2)

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Joint Memo filed. Joint memo reads as under:

“The petitioners and respondent No.2 in the above petition begs to submit as follows:-

1. Parties to the above petition entered in to amicable settlement in view of intervention of elders and well wishers.

2. According to settlement between the parties. It is agreed among them tha, the respondent No.2 herein has to withdraw a case in Crime No.158/2024 registered against the petitioner No.3 and others, by the Ashok Nagar policed station, for commission of alleged offences HC-KAR punishable U/sec 329(4),54,352,351(2)(3)(5) of BNS., pending on the file of V Addl. CJ(JD) & JMFC at Kalaburagi. Further the respondent No.2 has to withdraw another case in Crime No.18/2025 against the petitioner No.1 to 3 and others, registered alleging commission of offences punishable U/sec. 189(2),190, 191(2), 151(2) and 152 of BNS., by the Station Bazar police station, pending on the file of Prl CJ (JD) and JMFC at Kalaburagi. Further the respondent No.2 has to withdraw Crl. Misc No.175/2023 pending on the file of V Addl. JMFC at Kalaburagi filed under domestic violence act. It is further agreed that, the respondent No.2 has no objection to allow the petition filed by the petitioners seeking quashing of FIR and charge sheet in Crime No.190/2021 registered by the women police station against the petitioners & others, for the offence punishable U/sec 498-A, 323, 504, 506 R/w 34 of IPC and section 3 and 4 DP Act.

3. It is further agreed between the parties that, the petitioner No.2 has to withdraw case registered against respondent No.2 and others in Crime No.93/2024 registered by the Ashok Nagar police station for the offences punishable U/sec 115(2), 118 (1)329(4) 352, 351 (2)(5) of BNS., pending on the file of V Addl. CJ (JD) and JMFC at Kalaburagi. Further the petitioner No.2 has to withdraw the another criminal case registered in Crime No.19/2025 registered by the Station Bazar police Station for the offence punishable U/sec 115(2), 118(1), 324(4), 352, 351(2)(3)(5) of BNS pending on the file Prl CJ (JD)

and JMFC at Kalaburagi.

HC-KAR

4. It is agreed between the parties that the petitioner No.1 and the respondent No.2 shall file necessary application before the family court Kalaburagi in MC.No.147/2023 and dissolve their Marriage dated:

31.10.2018.

5. It is also agreed before parties that the petitioners shall pay a sum of Rs. 25,00,000/- to the 2nd respondent for one time and final settlement, the 2nd respondent has agreed to the same and also agreed that, she will not claim any right either in respect of properties, maintenance, compensation, alimony against the petitioners. By virtue of above settlement the 2nd respondent loose her all legal rights against the petitioners.

6. In view of settlement it is agreed that the petitioners shall pay a sum Rs.15,00,000/- today itself i.e., 23.07.2025 through DD No.499010 in the name of respondent No.2. It is further agreed that, remaining sum of Rs. 10,00,000/- shall be paid after withdrawal of all Criminal Cases registered against the petitioners as well against the respondent No.2 in as much as after dissolving the marriage of the petitioner No.1 with the respondent No.2 pending before the family court at Kalaburagi in MC.No.147/2023.

7. Above settlement by the parties before this Hon'ble court is voluntary, free and without any force or coercion by any of the parties or by any of the persons.

HC-KAR PRAYER In view of the facts and circumstances of the case stated above, it is hereby prayed that this Hon'ble court be pleased to quash the Criminal No.190/2021 registered by the 2nd respondent Women Police Station Kalaburagi pending on the file of 1 Additional Civil Judge (JD) and JMFC at Kalaburagi in CC.No.1727/2023 for offence punishable U/sec. 498 (A), 323, 504, 506, R/w 34 and se

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