Citation : 2025 Latest Caselaw 9793 Kant
Judgement Date : 4 November, 2025
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CRL.P No. 15001 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 15001 OF 2025
BETWEEN:
AKKI LAKSHMI REDDY
S/O LATE NARASIMHAREDDY,
AGED ABOUT 29 YEARS,
R/AT PRESENT PEDDALAPALLI
VILLAGE, B KODURU MANDALAM,
PEDDLAAPALLI POST,
BADVEL TALL KADAPA,
ANDRA PRADESH STATE PIN-505 172.
...PETITIONER
(BY SRI. HEMANTHA B., ADVOCATE (P/H))
AND:
Digitally
1. STATE OF KARNATAKA
signed by BY R.T. NAGAR P.S.,
LAKSHMI T
BENGALURU CITY,
Location:
High Court REP BY ITS STATE PUBLIC PROSECUTOR,
of Karnataka HIGH COURT COMPLEX,
BENGALURU-560 001.
2. ANUSHA H.A.
D/O ANJINAPPA,
AGED ABOUT 26 YEARS,
R/AT BHAGAWAN MAHAVEER
JAIN HOSPITAL, MILLERS ROAD,
VASANTHNAGAR, BENGALURU CITY,
KARNATAKA-560 046.
...RESPONDENTS
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CRL.P No. 15001 of 2025
HC-KAR
(BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H);
SRI. THEJAS N.S., ADVOCATE FOR
SRI. LAKSHMIKANTH K., ADVOCATE FOR R2 (P/H))
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
SPL.C.NO.191/2025 (ARISING OUT OF CRIME NO.346/2024)
OF RESPONDENT NO.1 R.T. NAGAR POLICE, FOR COGNIZANCE
TAKEN OF THE ALLEGED OFFENCE PUNISHABLE UNDER
SECTIONS 3(1)(r), 3(1)(w)(i)(ii), 3(1)(s) AND 3(2)(v) OF
SC/ST (PREVENTION OF ATROCITIES) ACT 1989 AND
SECTIONS 351(2), 351(3), 352, 64 OF BNS, AND SAME IS
PENDING BEFORE THE C/C LXX ACC AND SJ, BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to quash the proceedings in
Spl.C.No.191/2025 pending on the file of the Court of LXX
ACC & SJ, Bengaluru.
2. Petitioner is the sole accused against whom a
complaint was lodged by respondent No.2 herein, based
on which a case in Crime No.346/2025 was registered at
R.T.Nagar Police Station for the offence punishable under
Section 3(1)(r), 3(1)(w)(i)(ii), 3(1)(s) of SC and ST
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(Prevention of Atrocities) Act, 1989 and Section 351(2),
351(3), 352, 64, 74 of BNS, 2023.
3. The chargesheet is filed for the aforementioned
offences except Section 74 of BNS, 2023.
4. It is alleged that the petitioner with a false
promise of marriage subjected the complainant/victim to
sexual intercourse and also threatened and abused her in
filthy language referring to her caste and refused to marry
her etc.
5. As could be seen from the complaint averments
and the material collected, the dispute is between the
petitioner and respondent No.2/defacto complainant, who
are present before the Court. A joint memo is filed signed
by them, wherein respondent No.2 has stated that the
matter is settled out of Court in the presence of elders and
family members of both the families, who have agreed to
perform the marriage of respondent No.2 with the
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petitioner and the petitioner has also agreed to marry
respondent No.2.
6. Para 2 to 4 of the joint memo are extracted
here under:
2. It is further submits that, the petitioner and the respondent No.2 love each other since from 5 years and due some mis-understanding and mis-communication the respondent No.2 gave complaint against the petitioner and now matter is settled out of the court in the presence of the elder and both the family members and both the family members are also agreed to perform the marriage between the respondent No.2 and the petitioner and the petitioner also agreed to marry with the respondent No.2.
3. It is further submitted that, in-spite of that, the respondent No.2 is ready and agreed to withdraw the case filed against the petitioner and further the petitioner and respondent No.2 are admit and agree that, there is no collusion or force, fraud or any undue influence in filling the above joint memo petition and entering into this compromise in the aforesaid manner.
4. In-spite of that, if the proceedings are conducted against the petitioner it would amount wastage of the precious time of the court and cause irreparable loss and injury to the both the petitioner and the respondent No.2, Hence on the ground itself this Hon'ble court
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pleased to quash the entire proceedings against the petitioner and the respondent No.2 have no objection to quash the entire proceeding against the petitioner."
7. The offences alleged are non-compoundable in
nature. However, the parties have resolved the dispute
among themselves and it is stated that the petitioner has
agreed to marry respondent No.2.
8. It is relevant to extract Para 9 and 10 of the
judgment of the Hon'ble Apex Court in Ramawatar v.
State of Madhya Pradesh reported in (2022) 13 SCC
635.
"9. Having heard the learned counsel for the parties at some length, we are of the opinion that two questions fall for our consideration in the present appeal. First, whether the jurisdiction of this Court under Article 142 of the Constitution can be invoked for quashing of criminal proceedings arising out of a "non- compoundable" offence? If yes, then whether the power to quash proceedings can be extended to offences arising out of special statutes such as the SC/ST Act?
10. So far as the first question is concerned, it would be ad rem to outrightly refer to the recent
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decision of this Court in Ramgopal v. State of M.P. (2022) 14 SCC 531 : 2021 SCC Online SC 834, wherein, a two-Judge Bench of this Court consisting of two of us (N.V. Ramana, CJI g & Surya Kant, J.) was confronted with an identical question. Answering in the affirmative, it has been clarified that the jurisdiction of a court under Section 320 CrPC cannot be construed as a proscription against the invocation of inherent powers vested in this Court under Article 142 of the Constitution nor on the powers of the High Courts under Section 482 CrPC. It was further held that the touchstone for exercising the extraordinary powers under Article 142 or Section 482 CrPC, would be to do complete justice. Therefore, this Court or the High Court, as the case may be, after having given due regard to the nature of the offence and the fact that the victim/complainant has willingly entered into a settlement/compromise, can quash proceedings in exercise of their respective constitutional/inherent powers."
9. In Narinder Singh and others v. State of
Punjab and another reported in (2014) 6 SCC 466, the
Hon'ble Apex Court at para Nos.8 and 24 has held as
under:
"8. We find that there are cases where the power of the High Court under Section 482 of the Code to quash the proceedings in those offences which are uncompoundable has been recognised. The only
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difference is that under Section 320(1) of the Code, no permission is required from the Court in those cases which are compoundable though the Court has discretionary power to refuse to compound the offence. However, compounding under Section 320(1) of the Code is permissible only in minor offences or in non- serious offences. Likewise, when the parties reach settlement in respect of the offences enumerated in Section 320(2) of the Code, compounding is permissible but it requires the approval of the Court. Insofar as serious offences are concerned, quashing of criminal proceedings upon compromise is within the discretionary powers of the High Court. In such cases, the power is exercised under Section 482 of the Code and proceedings are quashed. Contours of these powers were described by this Court in B.S. Joshi v. State of Haryana (2003) 4 SCC 675, which has been followed and further explained/elaborated in so many cases thereafter, which are taken note of in the discussion that follows hereinafter."
"24. The two rival parties have amicably settled the disputes between themselves and buried the hatchet. Not only this, they say that since they are neighbours, they want to live like good neighbours and that was the reason for restoring friendly ties. In such a scenario, should the court give its imprimatur to such a settlement? The answer depends on various incidental aspects which need serious discourse. The legislators have categorically recognized that those offences which are covered by the provisions of Section 320 of the Code
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are concededly those which not only do not fall within the category of heinous crimes but also which are personal between the parties. Therefore, this provision recognizes where there is a compromise between the parties, the court is to act at the said compromise and quash the proceedings. However, even in respect of such offences not covered within the four corners of Section 320 of the Code, the High Court is given power under Section 482 of the Code to accept the compromise between the parties and quash the proceedings. The guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of indictment. This is so recognized in various judgments taken note of above."
10. In view of the joint memo and the settlement
between the parties, no useful purpose will be served in
keeping the criminal proceedings pending against the
petitioner. Hence exercising the inherent jurisdiction of
this Court, the proceedings against the petitioner can be
quashed, to meet the ends of justice. Accordingly, the
following:
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ORDER
Petition is allowed.
Entire proceedings in Spl.C.No.191/2025 pending
before the Hon'ble C/c LXX ACC& SJ, Bengaluru arising out
of Crime No.346/2024 of R.T.Nagar, Police Station,
Bangalore City are quashed.
I.A.No.1/2025 is disposed of.
Sd/-
(MOHAMMAD NAWAZ) JUDGE
HB
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