Karnataka High Court
CRL.P/1849/2024 of SMITHA S M Vs THE STATE on 23 September 2026
CNR: KAHC010112832024 NC: 2026:KHC:52504 CRL.P No. 1849 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 1849 OF 2024 BETWEEN: 1. SMITHA S.M D/O MANJA ACHAR SRI MATADA ROAD AGED 35
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 1849 OF 2024
BETWEEN:
1.
SMITHA S.M
D/O MANJA ACHAR
SRI MATADA ROAD
AGED 35 YEARS
SHRAVANABELAGOLA
CHANNARAYAPATNA
HASSAN - 573 135
2.
MANJA ACHAR
S/O NANJAPPA ACHAR
SRI MATADA ROAD
AGED 50 YEARS
SHRAVANABELAGOLA
HASSAN - 573 135
3.
NAGARATNA
W/O MANJA ACHAR
SRI MATATDA ROAD
AGED 49 YEARS
SHRAVANABELAGOLA
HASSAN - 573 135
…PETITIONERS
(BY SRI. HALEEMA AMEEN, ADVOCATE)
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
1.
THE STATE
BY SHO OF VIDHANA SOUDHA POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR
AMBEDKAR VEEDHI,
BANGALORE - PIN 560001
2.
SANDEEP KUMAR N
AGED 39 YEARS
S/O M NAGESH
17E, 8TH CROSS
KANAKAGIRI LAYOUT
BANJAR PWD LAYOUT
HORAMAVU AGAR
BANGALORE CITY
PIN 560 004
…RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1,
SRI. SANDEEP KUMAR N, ADVOCATE)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE FIR AT CR.NO.199/2023 OF VIDHANASOUDHA
POLICE STATION DATED 27.12.2023 PENDING BEFORE THE
XXXIX
ADDL.C.M.M.,
NRUPATHUNGA
ROAD,
BENGALURU
REGISTERED FOR THE OFFENCE P/U/S 504 AND 506 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
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ORAL ORDER
It is submitted by the learned counsel for the petitioners and learned counsel for respondent No.2 that the parties have amicably settled their dispute. As such, the proceedings in Crime No.119/2023 challenged in this petition be quashed.
2. It is further submitted that the dispute between the petitioners and respondent No.2 is purely arising out of a private and matrimonial differences and another crime was registered by the petitioners against respondent No.2 and his family members for the offences punishable under Sections 498A, 506, 504, 420, 114 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. The same was quashed by the Co-ordinate Bench of this Court in Crl.P.No.6439/2021 dated 23.02.2024, since the parties have settled their dispute. In the said order of the Co- ordinate Bench of this Court, it is observed that the
HC-KAR
complainant in this case agreed to withdraw the Crime No.119/2023 challenged in this criminal petition.
3. I have perused the order passed by the Co- ordinate Bench of this Court in Crl.P.No.6439/2021 and the application filed by the petitioners under Section 320 of Cr.P.C. i.e., 359 of BNSS dated 23.09.2026 in this case. Though the offences are not compoundable in nature, however, having regard to the fact that the dispute between the parties is purely private and matrimonial in nature, and in view of the principles laid down by the Hon'ble Apex Court in GIAN SINGH V. STATE OF PUNJAB AND ANOTHER, reported in (2012) 10 SCC 303, I am of the considered opinion that the settlement arrived at between the parties can be taken into consideration.
4. In view of the amicable settlement arrived at between the parties and considering the nature of the dispute, the application filed under Section 320 of the
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Cr.P.C. i.e., 359 of BNSS is allowed. The petitioners and respondent No.2 are permitted to compound the offences.
5. Consequently, the petition is disposed of.
6. The proceedings against the petitioners/accused Nos.1 to 3 in Crime No.119/2023 registered by Vidhana Soudha Police for the offences punishable under Sections 504 and 506 of IPC, pending on the file of 39th ACMM, Bengaluru is hereby quashed.
SD/- (RAJESH RAI K) JUDGE
CR/List No.: 1 Sl No.: 8