Citation : 2026 Latest Caselaw 1875 Kant
Judgement Date : 26 February, 2026
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NC: 2026:KHC:12115
CRL.P No. 3172 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3172 OF 2026
BETWEEN:
MANU
S/O DEVARAJ
AGED ABOUT 31 YEARS
R/AT NO.343, 3RD CROSS
4TH MAIN ROAD, KSD LAYOUT
SRIGANDHA KAVAL
BENGALURU - 560 078.
...PETITIONER
(BY SRI MOIDEEN ARAFAT, ADV.)
AND:
1. THE STATE OF KARNATAKA
ANNAPOORNESHWARI NAGAR P.S.
REPRESENTED BY THE STATE
PUBLIC PROSECUTOR, HIGH COURT
COMPLEX, BANGALORE - 560 001.
Digitally 2. VANI S
signed by W/O MANU D
NANDINI M S
Location: AGED ABOUT 29 YEARS
HIGH COURT NO.342, 5TH CROSS
OF D GROUP CHANDRASHEKAR
KARNATAKA
LAYOUT, BENGALURU CITY
KARANATAKA - 560 040.
...RESPONDENTS
(BY SRI VINAY M, HCGP FOR R-1;
SRI MANJUNATH M.R, ADV., FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.437/2025
OF ANNAPOORNESHWARI NAGAR P.S. BYATARAYANAPURA SUB
DIVISION BENGALURU CITY ON THE FILE OF THE COURT OF CCH-71
CITY COURT COMPLEX BENGALURU CITY WITH RESPECT TO THE
PETITIONER ALLEGED OFFENCE P/U/S 3(1)(r,)3(1)(w)(i),3(2)(v-a)
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NC: 2026:KHC:12115
CRL.P No. 3172 of 2026
HC-KAR
OF SC/ST (POA) ACT AND SEC.3,4 OF D.P ACT 1961 AND
SEC.85,115(2),351(2),352,3(5) OF BNS 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.1 is before this Court in this petition under
Section 528 of BNSS, 2023, with a prayer to quash the entire
proceedings in Crime No.437/2025 registered by
Annapoorneshwari Nagar Police Station, Bengaluru City, for the
offences punishable under Sections 85, 115(2), 351(2), 352,
3(5) of BNS, 2023, and Sections 3(1)(r), 3(1)(w)(i), 3(2)(v-a)
of the Schedule Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and Sections 3 & 4 of Dowry Prohibition
Act, 1961.
2. Learned Counsel for the parties jointly submit that the
dispute between the parties who are husband and wife has
been amicably settled and the parties have filed an application
before this Court seeking permission of this Court to compound
the offences for which FIR has been registered against the
petitioner.
NC: 2026:KHC:12115
HC-KAR
3. Respondent no.2 who is the wife of the petitioner herein
is present in person before the Court and she admits the
settlement arrived between the parties. She is identified by her
learned advocate. Application filed under Section 359(2) of
BNSS, 2023, by the petitioner is signed by respondent no.2 and
her learned Advocate. Petitioner who is the husband of
respondent no.2 is said to be in custody. In paragraph 3 to 6 of
the application now filed by the parties before this Court
seeking permission of this Court to compound the offences for
which FIR has been registered, it is stated as under:
"3. That, the disputes between the parties have been resolved and they have decided to settle the matter between them.
4. The petitioner and Respondent no.2 has agreed to live as husband and wife and the petitioner will take care of his wife with love and affection. And both petitioner and Respondent no.2 has agreed to continue with marital life.
5. That the petitioner and Respondent no.2 have no other claims against each other.
6. The petitioner and Respondent no.2 have settled the matter without any coercion influence by any other person."
NC: 2026:KHC:12115
HC-KAR
4. The Hon'ble Supreme Court in the case of RAMGOPAL &
ANOTHER VS. THE STATE OF MADHYA PRADESH - (2022)14
SCC 531 has observed that, notwithstanding the limitations
provided under Section 320 of Cr.P.C., in a given case,
depending upon the facts and circumstances of the case and
also the nature of the allegations and nature of the settlement
arrived between the parties, this Court in exercise of its powers
under Section 482 of Cr.P.C., can quash the criminal
proceedings registered even for non-compoundable offences.
5. In the present case, respondent no.2 is the wife of the
petitioner herein and in the application filed reporting
settlement, it is stated that petitioner and respondent no.2
have agreed to live as husband and wife together. Under the
circumstances, I am of the opinion that in order to secure the
ends of justice, the prayer made in the petition needs to be
granted. Accordingly, the following order:
6. Petition is allowed. The entire proceedings in Crime
No.437/2025 registered by Annapoorneshwari Nagar Police
Station, Bengaluru City, for the offences punishable under
NC: 2026:KHC:12115
HC-KAR
Sections 85, 115(2), 351(2), 352, 3(5) of BNS, 2023, and
Sections 3(1)(r), 3(1)(w)(i), 3(2)(v-a) of the Schedule Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and
Sections 3 & 4 of Dowry Prohibition Act, 1961, is quashed.
7. The prison authorities are directed to release the
petitioner from custody forthwith, if he is not required in any
other case.
Sd/-
(S VISHWAJITH SHETTY) JUDGE
KK
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