2025 Supreme(Online)(Kar) 37091
THE HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ
SURESH PARTHASARATHY – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 15834/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15834 OF 2025 BETWEEN:
SURESH PARTHASARATHY S/O PARTHASARATHY, AGED ABOUT 41 YEARS, R/AT B 903, AHAD OPUS, OFF SARJAPURA ROAD, NEAR NEW WIPRO, BENGALURU-560 035.
…PETITIONER (BY SRI. NAVEEN GOWDA V., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY POLICE OF WHITEFIELD WOMEN POLICE STATION, Digitally MAHADEVAPURA DIVISION, signed by LAKSHMI T BENGALURU-48, L H o ig ca h t C io o n u :
rt REPRESENTED BY of Karnataka STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. SMT. SHOBHA NARAYAN IYER W/O SURESH PARTHASARATHY, AGED ABOUT 41 YEARS, R/AT B 903, AHAD OPUS, OFF SARJAPURA ROAD, NEAR NEW WIPRO, BENGALURU-560 035.
…RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1;
SRI. BHARGAV S. GOWDA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ALL FURTHER PROCEEDINGS AND CHARGESHEET IN C.C.NO.60811/2025 ARISING OUT OF THE COMPLAINT DATED 12.03.2025 REGISTERED AT WHITEFIELD WOMEN POLICE STATION FOR OFFENCES UNDER SECTION 85 OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTION 4 OF THE DOWRY PROHIBITION ACT, 1961, AS AGAINST THE PETITIONER, VIDE ANNEXURE-A AND B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The chargesheet and proceedings in C.C.No.60811/2025, which is now pending before XXIX ACJM, Bengaluru are sought to be quashed in this petition preferred under Section 528 of BNS, 2023.
2. Petitioner is the sole accused against whom the law was set in motion by respondent No.2, none other than the wife, for the offence punishable under Section 85 of BNS and Section 4 of the Dowry Prohibition Act.
Chargesheet is filed for the offence under Section 85, 115(2) of BNS and Section 4 of the Dowry Prohibition Act.
3. A joint memo is filed signed by the petitioner as well as respondent No.2, wherein it is stated that the matter has been amicably settled.
4. Joint affidavit of both the parties are filed which reads as under:
“We, Suresh Parthasarathy, S/o Parthasarathy, aged 41 years, residing at B-903, Ahad Opus, Off Sarjapura Road, Near New Wipro, Bengaluru-560035, Petitioner/Accused, AND Smt. Shobha Narayan Iyer, W/o Suresh Parthasarathy, aged 41 years, residing at the same address, Respondent No.2/Complainant, Do hereby solemnly affirm and state that the dispute between us which resulted in the registration of FIR in Crime No.14/2025 of Whitefield Women Police Station and the subsequent charge sheet in C.C.No.60811/2025 has been fully and amicably settled; we have reconciled and resumed our matrimonial life voluntarily without any force, threat or coercion; Respondent No.2 does not wish to pursue the criminal case and has no objection for quashing the FIR, charge sheet and all further proceedings; the settlement is in the interest of preserving the marriage and for the welfare of our family; and therefore we jointly affirm and request this Hon'ble Court to allow the petition and quash the above proceedings in the interest of justice.
VERIFICATION We, the above-named deponents, hereby verify that the contents of this Joint Affidavit are true and correct to the best of our knowledge, belief and information. Nothing material has been concealed.”
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5. Joint memo and affidavits are placed on record. 6. The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes 90(SC), has held that ‘the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the