Karnataka High Court
Smt. Pavithra @ Swathi vs State Of Karnataka on 19 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:7592
CRL.P No. 3746 of 2024
C/W CRL.P No. 7782 of 2021
c/w CRL.P No. 9339 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 3746 OF 2024 (482(Cr.PC) / 528(BNSS)
C/W
CRIMINAL PETITION NO. 7782 OF 2021 (482(Cr.PC) / 528(BNSS)
C/W
CRIMINAL PETITION NO.9339 OF 2021(482(Cr.PC) / 528(BNSS)
IN CRL.P No. 3746/2024
BETWEEN:
1. SMT. PAVITHRA @ SWATHI,
D/O LATE RAMAPPA,
W/O SRI RAGHAVENDRA HEGDE,
AGED ABOUT 35 YEARS,
R/A MURKAL COMPOUND,
BEHIND JAYASHRI TALKIES,
HARIHARA - 577601
DAVANGERE DISTRICT
2. LAVA
S/O LATE RAMAPPA
Digitally
AGED ABOUT 32 YEARS,
signed by R/AT MURKAL COMPOUND,
LEELAVATHI
SR BEHIND JAYASHRI TALKIES,
Location: HARIHARA 577601
High Court
of Karnataka DAVANAGERE DISTRICT
3. SRI KUSHA
S/O LATE RAMAPPA,
AGED ABOUT 34 YEARS,
R/AT MURKAL COMPOUND,
BEHIND JAYASHRI TALKIES,
HARIHARA 577601
DAVANAGERE DISTRICT
4. SMT. HULIGAMMA
W/O LATE RAMAPPA,
-2-
NC: 2025:KHC:7592
CRL.P No. 3746 of 2024
C/W CRL.P No. 7782 of 2021
c/w CRL.P No. 9339 of 2021
AGED ABOUT 59 YEARS,
R/AT MURKAL COMPOUND,
BEHIND JAYASHRI TALKIES,
HARIHARA 577601
DAVANAGERE DISTRICT
...PETITIONERS
(BY SRI. HAREESH BHANDARY T., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BYADARAHALLI POLICE,
REPRESENTED BY SPP,
HIGH COURT BUILDING,
BANGALORE 56000
2. SRI RAGHAVENDRA HEGDE
AGED ABOUT 42 YEARS
S/O NARAYANA HEGDE
R/AT NO 182, 'NAKSHATRA NILAYA',
HORANADU ANNAPURNESHWARI NAGARA,
TIGALARAPALYA MAIN ROAD,
PEENYA 2ND STAGE,
BENGALURU 560058
...RESPONDENTS
(BY SRI. THEJESH, HCGP FOR R-1
SRI A.V.RAMAKRISHNA, ADV. FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.8161/2022 (PCR NO.42/2022) PENDING BEFORE THE COURT
OF CHIEF JUDICIAL MAGISTRATE BENGALURU REGISTERED ON
THE PRIVATE COMPLIANT FILED BY THE RESPONDENT FOR THE
OFFENCE PUNISHABLE UNDER SECTION 494, 495 R/W SECTION 34
OF IPC.
IN CRL.P NO. 7782/2021
BETWEEN:
1. SRI RAGHAVENDRA HEGDE
S/O NARAYANA HEGDE,
AGED ABOUT 41 YEARS,
RESIDING AT NO.182,
-3-
NC: 2025:KHC:7592
CRL.P No. 3746 of 2024
C/W CRL.P No. 7782 of 2021
c/w CRL.P No. 9339 of 2021
HORANADU ANNAPOORNESHWARI LAYOUT,
THIGALARAPALYA MAIN ROAD,
PEENYA II STAGE,
BENGALURU-560058.
2. SRI SADASHIVA NARAYAN HEGDE,
S/O NARAYAN HEGDE,
AGED ABOUT 45 YEARS,
3. SMT GEETA SADASHIVA HEGDE,
W/O.SADASHIVA HEGDE,
AGED ABOUT 38 YEARS,
PETITIONER NO.2 AND 3 ARE RESIDING
AT KITHRE VILLAGE, BHATKAL TALUK,
UTTRA KANNADA DISTRICT 581320.
4. SMT SUJATHA
W/O. MAHAVISHNU,
AGED ABOUT 37 YEARS,
RESIDING AT NO.104,
"SRI VARI ENCLAVE", 2ND MAIN,
BANSHANKARI III STAGE,
ITTAMDU, BENGALURU-560085.
5. SRI NARAYAN VENKATARAMAN HEGDE
S/O LATE VENKATARAMAN HEGDE,
AGED ABOUT 70 YEARS,
6. SMT. PARAMESHWARI HEGDE,
W/O NARAYANA VENKATARAMANA HEGDE,
AGED ABOUT 65 YEARS,
PETITIONER NO.5 AND 6 ARE RESIDING
AT KITHRE VILLAGE, BHATKAL TALUK,
UTTARA KANNADA DISTRICT 581320.
...PETITIONERS
(BY SRI. A. V. RAMAKRISHNA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH HARIHARA TOWN POLICE STTION,
HARIHARA, DAVNAGERE DISTRICT 577601.
-4-
NC: 2025:KHC:7592
CRL.P No. 3746 of 2024
C/W CRL.P No. 7782 of 2021
c/w CRL.P No. 9339 of 2021
REP.BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BENGALURU-560001.
2. SMT. PAVITHRA @SWATHI,
D/O RAMAPPA,
AGED ABOUT 34 YEARS,
RESIDING AT MURKAL COMPOUND,
BEHIND JAYASHREE TALKIES,
HARIHARA 577601.
DAVANAGERE DISTRICT.
...RESPONDENTS
(BY SRI. THEJESH, HCGP FOR R-1
SRI. HAREESH BHANDARI, ADV. FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.121/2021 OF
HARIHARA TOWN P.S., FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 506, 504, 376, 406, 420, 307, 323, 354, 114, 417 R/W 149
OF IPC REGISTERED AGAINST THE PETITIONERS AS PER
ANNEUXRE-A PENDING ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE (Jr.Dn) AND JMFC, HARIHARA, DAVANAGERE.
IN CRL.P NO. 9339/2021
BETWEEN:
1. SMT. PAVITHRA @ SWATHI
AGED ABOUT 34 YEARS
S/O LATE RAMAPPA
HOUSE WIFE
R/AT MURKAL COMPOUND
BEHIND JAYASHREE TALKIES
HARIHAR - 577 601.
2. SRI. LAVA
AGED ABOUT 30 EYARS
S/O LATE RAMAPPA
DRIVER
R/AT MURKAL COMPOUND
BEHIND JAYASHREE TALKIES
HARIHAR - 577 601.
-5-
NC: 2025:KHC:7592
CRL.P No. 3746 of 2024
C/W CRL.P No. 7782 of 2021
c/w CRL.P No. 9339 of 2021
3. SRI. KUSHA S/O LATE RAMAPPA
AGED ABOUT 30 EYARS
DRIVER
R/AT MURKAL COMPOUND
BEHIND JAYASHREE TALKIES
HARIHAR - 577 601.
4. SMT. HULIGAMMA S/O LATE RAMAPPA
AGED ABOUT 58 YEARS
R/AT AT MURKAL COMPOUND
BEHIND JAYASHREE TALKIES
HARIHAR - 577 601.
...PETITIONERS
(BY SRI. HAREESH BHANDARY.T, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BYADARAHALLI POLICE STATION
KUNDAPURA CIRCLE
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COUR BUILDINGS
BENGALURU - 560 001.
2. SRI. RAGHAVENDRA HEGADE
S/O NARAYANA HEGADE
AGED ABOUT 41 YEARS
PRIEST, R/AT NO. 182, NAKSHTRA NILAYA
HORANADU ANNAPURNESHWARI
LAYOUT, THIGALARAPALYA MAIN ROAD
PEENYA 2ND STATE
BENGALURU - 560 058.
...RESPONDENTS
(BY SRI. THEJESH.P, HCGP FOR R-1
SRI. A.V. RAMAKRISHNA, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QAUSH THE FIR AGAINST TH EPETITIONERS
IN CR. NO. 240/2021 OF BYADARAHALLI POLICE STATION
REGISTERED FOR THE OFFENEC P/U/S 495, 380, 406, 420 R/W 34
OF IPC.
THESE PETITIONS, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-6-
NC: 2025:KHC:7592
CRL.P No. 3746 of 2024
C/W CRL.P No. 7782 of 2021
c/w CRL.P No. 9339 of 2021
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In Crl.P.No.3746/2024, petitioners have sought for the following relief:-
" WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings in C.C.No.8161/2022(P.C.R.No.42/2022) pending before the Court of Chief Judicial Magistrate, Bengaluru registered on the private complaint filed by the respondent for the offence punishable under section 494, 495 read with section 34 of IPC, in the interest of justice."
2. In Crl.P.No.7782/2021, petitioners have sought for the following relief:-
" a) Quash the FIR in Crime No. 121/2021 of Harihara Town Police Station for the offences punishable under Sections - 506, 504, 376, 406, 420, 307, 323, 354, 114 & 417, R/w 149 of IPC, registered against the petitioners as per Annexure-'A' pending on the file of Addl. Civil Judge (Jr.Dn) and JMFC Court, Harihara, Davanagere and
b) Grant such other reliefs as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice."
3. In Crl.P.No.9339/2021, petitioners have sought for the following relief:-
-7-NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021 " WHEREFORE, it is respectfully prayed that this Hon'ble Court be pleased to quash the FIR against the petitioners in Crime No. 240/2021 of Byadarahalli police station registered for the offence punishable under Sections 495, 380, 406, 420 read with section 34 of IPC on the file Chief Magistrate Court, Bengaluru Rural District, Bengaluru in the interest of justice"
4. Learned counsel for the petitioners and respondent No.2-complainants in all these petitions have filed applications under Section 482 R/w. Section 320(2) of the Cr.P.C. and the same are taken on record.
4. Petitioners and respondent No.2 - complainants and their counsel in all the petitions are physically present before the Court and they admit the contents of the applications filed in all the three petitions, under Section 482 R/w. Section 320(2) of the Cr.P.C., which read as under:-
In Crl.P.No.3746/2024"APPLICATION UNDER SECTION 482 R/W 320(2) OF THE CODE OF CRIMINAL PROCEDURE The petitioners and respondent above named begs to submit as follows:
1. That the above criminal petition is filed with a prayer to quash the entire proceedings in C.C. -8- NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021 8161/2022(P.C.R.No.42/2022) pending before the court of Chief Judicial Magistrate, Bengaluru registered on the private complaint filed by the respondent for the offence punishable under Section 494, 495 Read with Section 34 of IPC. The Respondent is the complaint in the above petition.
2. It is relevant to submit here that the respondent has filed the petition against he petitioner no.1 herein before the Court of Civil Judge (Senior Division) at Bhatkal in M.C.No. 7/2023 with a prayer for Decree of Divorce. That on 16.10.2024 both the parties have appeared before the Court of Civil Judge (Sr.Dvn,) Bhatkal and settled the matter out of court and filed the applicant under order 234 Rule-3 of CPC and the same was considered by the said Court and accordingly, both the first petitioner herein and the respondent took divorce as per the terms and conditions mentioned in the compromise petition.
3. It is submitted that the petitioner no.1 herein has agreed that she is ready to take back/not press the case filed by her i.e., 1) Crl.Misc.No.350/2021 for maintenance on the file of the Court of Family Judge, Davanagere, 2) O.S.No. 109/2021 for Partition Suit on the file of Court of Principal civil Judge (Jr.Dvn at Bhatkal, 3) Crime No. 121/2021, Harihara Town Police Station, vs. Raghavendra Hegde.
4. It is submitted that, the respondent has agreed to take back/notpress the cases filed by him i.e., 1) C.C.No. 8161/2022 arising out of PCR No. 12/2022 pending on the file of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru against Pavithra and others, which the petitioners filed the present petition before this Hon'ble Court for -9- NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021 quashing the entire proceedings 2) C.C.No. 3873/2023 state by Byadarahalli Police Station vs Pavithra and others against the same the petitioners filed the criminal petition No. 9339/2021 before this Hon'ble Court for quashing the entire proceedings. That the respondent agreed that he has no objection to quash the proceedings in C.C.No. 3873/2023 pending on the file of CJM Bangalore Rural District, Bangalore, in Crl. Petn. No. 9339/2021.
5. It is submitted that, during the pendency of the above petitions the parties to the above petition have settled the dispute amicably between themselves at the intervention of well-wishers.
6. It is submitted that, the petitioners have pray this Hon'ble court to quash the entire proceedings in C.C.No. 8161/2022(P.C.R. No. 42/2022) pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bangalore, registered on the private complaint filed by the respondent for the offence punishable under Section 494, 495 R/w Section 34 of IPC. Due to the advice of the well wishers, the complaint undertakes that he will not make any objections for allowing the aforesaid petition filed by the petitioners.
7. It is submitted that, since the offences alleged under Sections 495 of IPC non-compoundable in nature.
Therefore, the complaint cannot withdraw the complaint before the tribal Court under Section 320 of Cr.P.C. under the circumstances, the petitioners and the respondent have filed this application with a prayer to allow the aforesaid petition and quash the entire proceedings in C.C.No. 8161/2022
- 10 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021 (PCR No. 42/2022) pending before the court of Chief Judicial Magistrate, Bengaluru, registered on the private complaint filed by the respondent for the offence punishable under Sections 494, 495 R/w Section 34 of IPC.
8. It is submitted that, the respondent is the complaint before the trail court and he has no objection to allow the aforesaid petition and to quash the entire proceedings in C.C.No. 8161/2022(PCR No. 42/2022) pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, registered on the private complaint filed by the respondent for the offence punishable under Sec. 494, 495 R/w Section 34 of IPC.
WHEREFORE, the petitioners and respondent above named humbly prays that this Hon'ble Court be pleased to accord the permission to compound the aforesaid offences and accept the compromise arrived between the parties and quash the proceedings in C.C.No. 8161/2022(PCR No. 42/2022) pending before the court of chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, registered on the private complaint filed by the respondent for the offence punishable under Sec. 494, 495 R/w 34 of IPC by allowing the above criminal petition, in the ends of justice."
In Crl.P.No.7782/2021"APPLICATION UNDER SECTION 482 R/W 320(2) OF THE CODE OF CRIMINAL PROCEDURE The petitioners and Respondent No.2 above named begs to submit as follows:
- 11 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021
1. The petitioners above named being aggrieved by the registration of FIR in Cr.No.121/2021 by Harihara Town Police for the offences punishable under Section 506, 504, 376, 406, 420, 307, 323, 354, 114, 417 R/w 149 of I.P.C.
against them on the complaint of respondent no.2, the petitioners presents the above criminal petition before this Hon'ble Court.
2. The petitioners further submitted that this Hon'ble Court was pleased to passed the interim order and stayed the investigation.
3. The petitioners further submitted that, that the first petitioner filed a complaint against the respondent no.2 and 3 others with Byadarahalli Police and the Byadarahalli Police have registered a case in Cr.No.240/2021 for the offences punishable under Section 495, 380, 406, 420, R/w 34 of IPC against the respondent no.2 and 3 others and after investigation filed a charge sheet against the respondent no.2 and 3 others for the offences punishable under Section 380, 420, R/w34 0f IPC and the same is pending before the Trial Court.
4. The petitioners further submitted that the first petitioner filed a PCR No.42/2022 before the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, against the respondent no.2 and 3 others and the same has been registered in C.C.No.8161/2022 for the offences punishable under Section 494, 495 R/W 34 of IPC and the same is pending before the trial court.
- 12 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021
5. The petitioners further submitted that, the first petitioner filed a M.C.No. 07/2023 against the respondent no.2 before the Senior Civil Judge and JMFC Court, Bhatkal, seeking Divorce and the Respondent No.2 appeared before the court through her counsel.
6. The petitioners and respondent no.2 further submitted that, at the intervention of well wishers and friends both are agreed to settle the issues between them.
7. The petitioners and respondent No.2 further submitted that, in view of the compromise arrived between them on 16.10.2024 both the petitioner No.1 and Respondent No.2 filed an application under order XXIII Rule
-3 R/w 151 of C.P.C, reporting compromise before the Court. In MC No. 07/2023 and in that compromising and in that compromise application both the parties agreed to withdraw the cases pending against each other before different courts and further both the parties are also agreed to say their " No Objection" to quash the cases pending against each other in criminal petitions pending before this Hon'ble Court. The certified copy of the compromise application and order sheet in M.C.No. 07/2023 produced herewith for the kind perusal of this Hon'ble court as ANNEXURE-A and B.
8. The petitioners and respondent No.2 further submitted that, this application is filed voluntarily and there is no coercion, threat or pressure by anybody on the petitioners and respondent no.2 to enter into compromise.
9. They further submitted that, some of the alleged offences are non compoundable in nature. Hence, they prays that this Hon'ble Court accord permission to compound
- 13 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021 the offences, in view of the compromise between the petitioner no 1 and respondent no.2. Hence, this application for kind consideration of this Hon'ble Court.
10. The Respondent No.2 further submitted that, she has no objection to quash the FIR in Cr.No.121/2021 of Harihara Town Police Station for the offences punishable under Section 506, 504, 376, 406, 420, 307, 323, 354, 114, 417 R/w 149 of IPC registered against the petitioners pending on the file of Addl. Civil Judge (Jr.Dvn.) and JMFC Court, Harihara.
11. The petitioners and respondent no.2 further submitted that, the cases between the parties arising out of Matrimonial Dispute and now they resolve all their disputes at the intervention of well-wishers and friends. Hence, this application for kind consideration of this Hon'ble court.
WHEREFORE, the petitioners and respondent no.2 above named humbly prays that this Hon'ble Court be pleased to accord the permission to compound the aforesaid offences and accept the compromise arrived between the parties and quash the FIR in Cr.No. 121/2021 of Harihara Town Police Station, for the offences punishable under Sections 506, 504, 376, 406, 420, 307, 323, 354, 114, 417, R/w 149 of IPC pending on the file of Addl. Civil Judge (Jr.Dvn.) and JMFC Court, Harihara by allowing this criminal petition, in the interest of justice."
In Crl.P.No.9339/2021"APPLICATION UNDER SECTION 482 R/W 320(2) OF THE CODE OF CRIMINAL PROCEDURE The petitioners and respondent no.2 above named begs to submit as follows:
- 14 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021
1. The petitioners above named being aggrieved by the registration of case in Cr.No.240/2021 by Byadarahalli Police for the offences punishable under Sections 495, 380, 406, 420 R/W 34 of IPC against them on the complaint of respondent no.2 the petitioners presents the above criminal petition.
2. The petitioners further submitted that, the first petitioner filed a complaint against the respondent no.2 and others before Harihara Police and the same registered in Cr.No. 121/2021 for the offences punishable under Section 506, 504, 376, 406, 420, 307, 323, 354, 114, 417 R/W 149 of IPC and the respondent no.2 and others aggrieved by the registration of the said FIR filed a criminal petition under section 482 of Cr.P.C. before this Hon'ble Court and the same is numbered as Crl.Petn. No.7782/2021 and this Hon'ble Court was pleased to considered I.A. and Stay the investigation in Cr.No. 121/2021.
3. The petitioners further submitted that, the respondent no.2 filed a PCR before the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, for the offences punishable under Section 494, 495, R/w 34 of IPC against the petitioners as PCR No.42/2022 and after recording the sworn statement registered the case as C.C.No.8186/2022 and issued process against the petitioners and the petitioners appeared before the Court below and they challenged the said proceedings before this Hon'ble Court in Crl. Petn. No.3746/2024 and the same is pending before this Hon'ble Court.
- 15 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021
4. The petitioners further submitted that, the respondent no.2 filed a M.C.No.07/2023 against first petitioner before the Senior Civil Judge and JMFC Court, Bhatkal, seeking Divorce and process was issued against the first petitioner and receipt of the notice, the first petitioner appeared before the said court through her counsel.
5. The petitioners and respondent no.2 further submitted that, at the intervention of well-wishers and friends, the petitioner no.1 and respondent no.2 agreed to settle the issues between them.
6. The petitioners and respondent no.2 further submitted that, in view of the compromise arrived between the petitioner no.1 and respondent no.2 they have filed the compromise application under order XXIII Rule-3 R/w 151 of C.P.C. before the Senior Civil Judge and JMFC Court, Bhatkal in M.C.No.07/2023 on 16.10.2024 and the same was considered by the Senior Civil Judge and JMFC Bhatkal, and dissolve the marriage between the petitioner no.1 and respondent no.2 in terms of compromise petition. The copy of the application and order sheet are produced as Annexure-A and B.
7. The petitioners and respondent no.2 further submitted that, in compromise petition filed in M.C.No.7/2023 the petitioner no.1 and respondent no.2 agreed to withdraw the cases pending against each other before different courts and further both the parties agreed to say their no objectioin to quash the cases pending against each other which are questioned before this Hon'ble Court in criminal petition.
- 16 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021
8. The petitioners and respondent no.2 further submitted that, this application filed by them voluntarily and there is no coercion, threat or pressure by anybody on them to enter into compromise.
9. They further submitted that, the alleged offences under section 380 of I.P.C. is non compoundable in nature and offence under Section 420 of I.P.C. is compoundable with the permission of the court. Hence, they prays that this Hon'ble Court to accord permission to compound the offences in view of the compromise between the parties. Hence, this application for the kind consideration of this Hon'ble Court.
10. The respondent no.2 further submitted that, he has no objection to quash FIR in Cr.No.240/2021 of Byadarahalli Police Station for the offences punishable under Sec. 380, 420 R/w 34 of IPC pending on the file Chief Judicial Magistrate, Bangalore Rural District, Bengaluru, in C.C.No.3873/2023.
11. The petitioners and respondent no.2 submitted that the cases between the parties arising out of Matrimonial Dispute and now they resolved all their dispute at the intervention of well-wishers and friends. Hence, this application for the kind consideration of this Hon'ble Court.
WHEREFORE, the petitioners and respondent no.2 above named humbly prays that this Hon'ble Court be pleased to accord the permission to compound the aforesaid offences and accept the compromise arrived between the
- 17 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021 parties and quash the proceedings in C.C.No.3873/2023 arising out of Cr.No.240/2021 of Byadarahalli Police Station, for the offences punishable under Sec. 380, 420, R/w 34 of I.P.C. which is pending on the file of Chief Judicial Magistrate, Bengaluru Rural District, at Bengaluru, by allowing this criminal petition, in the interest of justice."
5. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent-complainants in all the petitions, I pass the following:
ORDER
(i) The petitions are disposed of in terms of Joint applications under Section 482 R/w. Section 320(2) of the Cr.P.C., all dated 19.02.2025.
(ii) The proceedings in C.C.No.8161/2022 (arising out of P.C.R.No.42/2022) registered for the offences punishable under Sections 494 and 495 r/w. Section 34 of IPC, pending on the file of Chief Judicial Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed.
(iii) The proceedings in Crime No.121/2021 of 1st respondent - Police, registered for the offences punishable under Sections 506, 504, 376, 406, 420, 307, 323, 354, 114 and 417 r/w.
Section 149 of IPC, pending on the file of the Addl. Civil Judge
- 18 -
NC: 2025:KHC:7592 CRL.P No. 3746 of 2024 C/W CRL.P No. 7782 of 2021 c/w CRL.P No. 9339 of 2021 (Jr.Dn.) and JMFC, Court, Harihara, Davanagere, insofar as the petitioners are concerned are hereby quashed.
(iv) The proceedings in Crime No.240/2021 of 1st respondent - Police, registered for the offences punishable under Sections 495, 380, 406, 420 r/w. Section 34 of IPC, pending on the file of the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, insofar as the petitioners are concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 17