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Karnataka High Court

Mr. Deepak D vs The State Of Karnataka on 22 January, 2026

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                   -1-
                                                                 NC: 2026:KHC:3887
                                                           CRL.P No. 13342 of 2025
                                                         C/W CRL.P No. 934 of 2026

                       HC-KAR



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 22ND DAY OF JANUARY, 2026

                                                BEFORE
                             THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                       CRIMINAL PETITION NO. 13342 OF 2025 (482(Cr.PC) /
                                         528(BNSS))
                                             C/W
                              CRIMINAL PETITION NO. 934 OF 2026

                      IN CRL.P No. 13342/2025

                      BETWEEN:

                      1.    MRS. NIVEDITHA K.S
                            D/O. SRINIVAS RAO J.S.
                            AGED ABOUT 30 YEARS
                            R/AT KANNAMANGALA, CHEEMANGALA,
                            SHIDLAGHATTA, CHIKKABALLAPUR,
                            KARNATAKA-562102

                      2.    MR. MADHU SUSHANTH D
                            S/O. DR. C. DHANESEGARAN
                            AGED ABOUT 22 YEARS
                            R/AT: 116 BHARATH NAGAR,
                            OPPOSITE PARK, BEML NAGAR,
Digitally signed by
SANJEEVINI J                KGF, VTC: BANGARAPET
KARISHETTY                  PO: BEML NAGAR,
Location: High              SUB DISTRICT: BANGARAPET,
Court of Karnataka          DISTRICT: KOLAR,
                            KARNATAKA-563115

                      3.    MR. SANJAY K.S.
                            S/O SRINIVAS RAO J.S.
                            AGED ABOUT 25 YEARS,
                            R/AT KANNAMANGALA, CHEEMANGALA,
                            SHIDLAGHATTA, CHIKKABALLAPUR,
                            KARNATAKA-562102
                                                                     ...PETITIONERS
                      (BY SRI. DHRUVA K., ADVOCATE)
                               -2-
                                             NC: 2026:KHC:3887
                                      CRL.P No. 13342 of 2025
                                    C/W CRL.P No. 934 of 2026

 HC-KAR



AND:

1.   THE STATE OF KARNATAKA
     BY J.C. NAGAR POLICE STATION
     BENGALURU.
     THROUGH THE STATE PUBLIC PROSECUTOR,
     HIGH COURT BUILDING,
     BENGALURU-560001

2.   SREEJITA BISWAS,
     AGED ABOUT 26 YEARS
     R/AT 12/2, RADHA KRISHNA RESIDENCY
     16TH CROSS, SKG, JC NAGAR,
     BENGALURU CITY-560046
                                                ...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SMT. VANI T.R., ADVOCATE FOR RESPONDENT NO.2)

       THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S
528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO.120/2025
VIDE ANNEXURE-A REGISTERED BY THE RESPONDENT NO.1 J.C
NAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 316(2), 318(2), 318(4), 351(2), 337, 336, 352 R/W 3(5),
82(2) OF THE BNS PENDING ON THE FILE OF HON'BLE III
ADDITIONAL     CHIEF   METROPOLITAN      MAGISTRATE     COURT,
NRUPATHUNGA ROAD, BANGALORE CITY AND CONSEQUENTLY.


IN CRL.P NO. 934/2026

BETWEEN:

MR. DEEPAK D.
S/O. DR. C. DHANESEGARAN
AGED ABOUT 31 YEARS
R/AT: 116, BHARATH NAGAR, OPPOSITE PARK,
BEML NAGAR, KGF,
VTC: BANGARAPET,
PO: BEML NAGAR,
                                    -3-
                                                   NC: 2026:KHC:3887
                                           CRL.P No. 13342 of 2025
                                         C/W CRL.P No. 934 of 2026

 HC-KAR



SUB DISTRICT: BANGARAPET,
DISTRICT: KOLAR,
KARNATAKA-563115
                                                             ...PETITIONER

(BY SRI. DHRUVA K., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       BY J.C. NAGAR POLICE STATION,
       BENGALURU.
       THROUGH THE STATE PUBLIC PROSECUTOR,
       HIGH COURT BUILDING,
       BENGALURU-560001

2.     SREEJITA BISWAS,
       D/O SHISHIR KUMAR BISWAS,
       AGED ABOUT 26 YEARS
       R/AT 12/2, RADHA KRISHNA RESIDENCY,
       16TH CROSS, SKG, JC NAGAR,
       BENGALURU CITY-560046
                                                       ...RESPONDENTS

(BY SRI. K. NAGESHWARAPPA,               HIGH    COURT       GOVERNMENT
PLEADER FOR RESPONDENT NO.1;

SMT. VANI T.R., ADVOCATE FOR RESPONDENT NO.2)

       THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C (FILED
U/S.528    BNSS)     PRAYING   TO    SET   ASIDE       THE     ORDER    OF
COGNIZANCE DATED 03.12.2025 PASSED BY THE HON'BLE III
ADDITIONAL      CHIEF   JUDICIAL     MAGISTRATE,       BENGALURU        IN
C.C.NO.47328/2025       VIDE   ANNEXURE-C        FOR     THE     OFFENCE
PUNISHABLE UNDER SECTIONS 316(2), 318(2), 318(4), 351(2),
337,    336,   352   R/W   SEC.3(5),     82(2)   OF    THE      BNS    AND
CONSEQUENTLY.


        THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
                               -4-
                                             NC: 2026:KHC:3887
                                      CRL.P No. 13342 of 2025
                                    C/W CRL.P No. 934 of 2026

HC-KAR



CORAM:    HON'BLE MR. JUSTICE M.NAGAPRASANNA


                        ORAL ORDER

The petitioners in Criminal Petition No.13342/2025 are before this Court seeking quashment of the crime registered in Crime No.120/2025, pending before the III Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru, for the offences punishable under Sections 316(2), 318(2), 318(4), 351(2), 337, 336, 352, 82 read with 3(5) of the BNS, which were Sections 406, 417, 420, 506, 466, 465, 504, 494 read with Section 34 of the earlier regime - the IPC, respectively. The petitioner in Criminal Petition No.934/2026 is before this Court seeking quashment of the proceedings in C.C.No.47328/2025, which also arises out of the same crime in Crime No.120/2025.

2. Heard Sri. Dhruva K, learned counsel appearing for the petitioners; Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1 and Smt. Vani T.R., learned counsel appearing for respondent No.2.

3. A coordinate Bench of this Court in Criminal Petition No.13342/2025 had granted an interim order of stay of further -5- NC: 2026:KHC:3887 CRL.P No. 13342 of 2025 C/W CRL.P No. 934 of 2026 HC-KAR investigation in the said crime qua the petitioners - accused Nos.2, 3 and 4 who are the wife, brother and brother-in-law of accused No.1, respectively. Therefore, the charge sheet is filed by the police only against accused No.1. Criminal Petition No.934/2026 is subsequently filed by accused No.1, who is alleged to be the husband of the complainant. The parties to the lis were also before the Family Court in M.C.No.7483/2025.

4. Learned counsel for the petitioners and the learned counsel for respondent No.2 would submit that the parties to the lis have settled the dispute amongst themselves before the Family Court. Therefore, a joint memo for compromise and separate affidavits of the parties in both the petitions are filed before this Court in this regard.

5. The joint memo of petitioner No.1 in Crl.P.No.934/2026 reads as follows:

"JOINT MEMO FOR COMPROMISE UNDER SECTION 528 r/w SECTION 359 OF THE BHARATIYA NAGRIK SURKASHA SANΗΙΤΑ.
The Petitioner and the Respondent No.2 in the above case most humbly file the following joint compromise memo for compounding the offences.
-6-
NC: 2026:KHC:3887 CRL.P No. 13342 of 2025 C/W CRL.P No. 934 of 2026 HC-KAR
1. The Respondent No.2 on 21.07.2025 goes to the J.C.Nagar police station and lodges a complaint against the Petitioner which is registered as FIR No. 120/2025 for the offences punishable under Sections 316(2), 318(2), 318(4), 351(2), 337, 336 352, r/w 3(5), 82(2) of the BNS, 2023. The J.C. Nagar Police in the due course of time would file the chargesheet before the concerned jurisdictional Magistrate. On 03.12.2025 the Hon'ble III Additional Chief Judicial Magistrate, Bengaluru City passes an order of cognizance and cognizance is taken for offences punishable under Sections 316(2), 318(2), 318(4), 351(2), 337, 336 352, r/w 3(5), 82(2) of the BNS against the Petitioner. Thereafter the criminal case was registered against the Petitioner in C.C NO.47328/2025.
2. In view of the compromise between the Petitioner and the Respondent No.2, both the parties had filed a petition for the grant for mutual divorce before the Hon'ble Family Court, Bengaluru. The same case was numbered as M.C.7483/2025. The Hon'ble IV Addl. Prl Judge, Family court was pleased to grant the decree of divorce to both the parties on 20.01.2026. The terms and conditions of this settlement agreed by both the parties is that the Petitioner shall Pay Rs. 20,00,000/- (Twenty Lakhs only) at the time of divorce before the Family court through a Demand Draft bearing No. 076664 drawn at State bank of India in favour of the Respondent No.2 Mrs. Sreejita Biswas. Another Rs.4,00,000/- (Four Lakhs Only) shall be given to the Respondent No.2 by the Petitioner at the time of quashing of the criminal case before this Hon'ble Court. In total Rs. 24,00,000/- (Twenty-Four Lakhs only) is paid as full and final settlement by the Petitioner to the Respondent No.2. The Copy of the Demand Draft is produced as Annexure - A for the kind perusal of this Hon'ble Court.
3. The petitioner humbly submits that; this Hon'ble court may be pleased to read the averments made in the main petition as part and parcel of this -7- NC: 2026:KHC:3887 CRL.P No. 13342 of 2025 C/W CRL.P No. 934 of 2026 HC-KAR application to avoid repetition.
WHEREFORE, The Petitioner and the Respondent No.2 most humbly pray to this Hon'ble court be pleased to accept this joint compromise memo and permit them to compound the offences punishable under Sections 316(2), 318(2), 318(4), 351(2), 337, 336 352, r/w 3(5), 82(2) of the BNS registered by the Respondent No.1 J.C.Nagar police station in FIR No.120/2025 for quash the Order of Cognizance dated 03.12.2025 passed by The Hon'ble III Additional Chief Judicial Magistrate, Bengaluru in C.C No. 47328/2025 and consequently, pass such other orders as deem fit in the interest of justice and equity."

One of the conditions stipulated in the terms of settlement before the Family Court is the closure of the present proceedings. This is an undisputed fact. In that light, the present proceedings also require to be terminated in terms of the said settlement.

5. For the aforesaid reasons, the following:

ORDER i. The criminal petitions stand disposed.
ii. The Crime No.120/2025 pending on the file of the III Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru City, stands -8- NC: 2026:KHC:3887 CRL.P No. 13342 of 2025 C/W CRL.P No. 934 of 2026 HC-KAR quashed, qua the petitioners in Criminal Petition No.13342/2025.
iii. The proceedings in C.C No.47328/2025 pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioner in Criminal Petition No.934/2026.
Sd/-
(M.NAGAPRASANNA) JUDGE SMA List No.: 3 Sl No.: 8