Karnataka High Court
Mr Jose Thomas vs The State Of Karnataka on 16 October, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:41215
CRL.P No. 10717 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 10717 OF 2024
BETWEEN:
MR. JOSE THOMAS
S/O V.J. THOMAS,
AGED ABOUT 36 YEARS,
RESIDING AT NO.271,
GROUND FLOOR, ANUGRAHA NILAYA,
WINN FIELD GARDEN, JAKKURU,
BENGALURU, KARNATAKA-560 077.
...PETITIONER
(BY SMT. RAJITHA T.O., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally BY SAMPIGEHALLI POLICE STATION,
signed by BENGALURU.
LAKSHMI T
SPP,
Location:
High Court HIGH COURT OF KARNATAKA-560 001.
of Karnataka
2. PILLI VEENA
W/O JOSE THOMAS,
AGED ABOUT 31 YEARS,
RESIDING AT: D. 103, MIMS RESIDENCY,
THANISANDRA MAIN ROAD, AGRAHARA
SAMPIGEHALLI, BANGALORE-560 064.
...RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1;
SRI. R.B. PRAKASH, ADVOCATE FOR R2)
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NC: 2025:KHC:41215
CRL.P No. 10717 of 2024
HC-KAR
THIS CRL.P IS FILED U/S.482 CR.P.C (U/S 528 BNSS)
PRAYING TO (I) QUASH THE FIR FILED THE RESPONDENT NO.1
POLICE (SAMPIGEHALLI P S) VIDE FIR NO.109/2021 ON
19.05.2021 WHICH IS PENDING FOR THE BEFORE TRIAL
COURT; (II) QUASH THE PENDING TRIAL IN
CC.NO.17089/2021 BEFORE XLI ADDL. CHIEF JUDICIAL
MAGISTRATE AT BANGALORE FOR THE ALLEGED OFFENCE
PUNISHABLE UNDER SECTIONS 498 A OF THE INDIAN PENAL
CODE, 1860 AND SECTION 3 AND 4 OF THE DP ACT
REGISTERED BY THE RESPONDENT NO.1 POLICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner/accused has preferred this petition to quash the FIR No.109/2021 of Sampigehalli Police Station and the pending trial in C.C.No.17089/2021 on the file of the Court of XLI Additional Chief Judicial Magistrate, Bengaluru, registered for the offence punishable under Section 498A of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961.
2. Learned counsel for petitioner and learned counsel appearing for respondent No.2/defacto complainant submitted that the matter arises out of -3- NC: 2025:KHC:41215 CRL.P No. 10717 of 2024 HC-KAR matrimonial dispute wherein, the parties have filed a memorandum of settlement before the Family Court in M.C.No.4398/2021 settling the matter and in the said memorandum of settlement, respondent No.2 has agreed to close the proceedings initiated by her against the petitioner, now pending before the trial Court in C.C.No.17089/2021.
3. The learned counsel for petitioner has filed a memo dated 10.09.2025 which reads as under:
"The Counsel for the Petitioner in the above matter respectfully begs to submits that, the Petitioner had filed a Divorce Petition under section 10(1)(x) of the Divorce Act, 1869 before the Hon'ble Vth Addl. Principal Family Court at Bangalore which was numbered as M.C.No.4398/2021 and subsequently settled through mediation before the mediation Centre, Family Court. As per the settlement terms entered in the mediation the Respondent No.2 had agreed for the divorce and further agreed that she doesn't have any claim for the Petitioner. She had further agreed that she will cooperate in filing the quashing petition as there is no provision for withdrawal of the Complaint under -4- NC: 2025:KHC:41215 CRL.P No. 10717 of 2024 HC-KAR and has agreed to participate in the quashing petition and provide the no objection for quashing the aforesaid proceedings in the said CC 17089/2021. The Certified Copy of the entire order sheet along with the Settlement Agreement executed in MC No.4398/2021 is produced herewith as ANNEXURE-C. The Vakalath of Respondent No.2 along with the No Objection Affidavit is filed herewith. Kindly the same may be taken on record in the interest of justice and equity."
4. The memorandum of settlement filed before the V Additional Principal Judge, Family Court at Bengaluru in M.C.No.4398/2021 is filed along with the memo. Para No.9 of the said memorandum of settlement is extracted hereunder:
"9. In view of this settlement the respondent has agreed to co-operate in closing/ quashing the proceedings in C.C.No.17089/2021 pending in Court Hall No.41, MMTC, Bengaluru filed against the petitioner, for the offence punishable under Section 498-A, 506 of IPC R/W Section 3 & 4 of D.P. Act."-5-
NC: 2025:KHC:41215 CRL.P No. 10717 of 2024 HC-KAR
5. In Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes 90(SC), it is held by the Apex Court 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, even if the offences are non-compoundable and if it is satisfied that the parties have settled the same amicably without any pressure.'
6. In the above facts and circumstances of the case and the law laid down by the Hon'ble Apex Court, the present criminal proceeding initiated by respondent No.2 against the petitioner, which arise out of matrimonial dispute is purely private in nature. In view of the amicable settlement between the parties, no purpose will be served in continuing the same. The criminal proceedings are deserved to be quashed for the purpose of securing the ends of justice. Accordingly, the following: -6-
NC: 2025:KHC:41215 CRL.P No. 10717 of 2024 HC-KAR ORDER Petition is allowed.
The entire proceedings pending in C.C.No.17089/2021 on the file of the Court of XLI Additional Chief Judicial Magistrate at Bengaluru for the offence punishable under Section 498A of IPC and Section 3 and 4 of Dowry Prohibition Act, arising out of Crime No.109/2021 of Sampigehalli Police Station, Bengaluru City are quashed.
Sd/-
(MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 102