CRL.P/3693/2026 of SRI BHARATH S Vs THE STATE OF KARNATAKA on 24 August 2026

ORAL ORDER

The petitioners are before this Court calling in question the proceedings in C.C.No.48806/2025, registered for offences

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punishable under Sections 85, 352, 3(5) of Bharathiya Nyaya Sanhita 2023, and 3 and 4 of Dowry Prohibition Act.

2. Heard Sri. Murali M., learned counsel appearing for the petitioners, Smt. Waheeda M.M., learned HCGP appearing for respondent No.1, Sri. Raju S.M., learned counsel appearing for respondent No.2 and have perused the material on record.

3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have filed an application under Section 359(6) of BNSS 2023 along with an affidavit. Terms of settlement reads as follows: "APPLICATION UNDER SECTION 359 (6) OF BNSS- 2023 R/w SECTION 528 OF BNSS-2023

The petitioners and respondent No.2, named above respectfully submits as here under:

1) The petitioners herein preferred above petition to quash the criminal proceedings against them in C.C. No.48806/2025, vide Police based on Annexure-A, registered by respondent No. 1, Hon'ble complaint of respondent No.2, which is pending before XXXVII A.C.J.M, Bangalore for the offences punishable U/s 85, 352, 3(5) of Bharathiya Nyaya Sanhita 2023 and Section 3 and 4 of D.P.Act therefore seeking indulgence of this Hon'ble Court.

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2) It is submitted that, both petitioner No.1 and respondent No.2 were husband and wife respectively and the differences between them were resolved before Bangalore Mediation Centre in No.615/2026, on the file of I Addl. Senior Civil Judge, Bangalore Rural and as per the terms of mediation, the marriage was dissolved by way of mutual consent of divorce between the petitioner No.1 and respondent No.2, by way of judgment and decree dated 31-7-2026.

3) It wishers the disputes between petitioners and respondent No.2 were submitted that at the intervention of elders and well resolved and as per the terms of mediation and settlement talks, the respondent No.2 herein withdrawn the petition filed under Domestic Violence Act in Cri. Mis No.2033/2025, on the file of Chief Judicial Magistrate, Bangalore Rural on 20-8-2026 and co- operating to quash the proceedings in CC No.48806/2025.

It is submitted that, in view of settlement, the petitioner No.1. herein returned all the jewels, silver articles, cloths and other belongings of respondent No.2 on the date of divorce and today sum of Rs.4.00.000/- by way of DD No.517960. Dated 03-08-2026. drawn on Karnataka bank, Konanakunte Branch and the respondent No.2. acknowledges the receipt of amount by way of DD, towards arrears of maintenance ordered in Cr.Mis No. 2033/2025 and towards permanent alimony and there is no balance amount to be payable by petitioner No.1 to respondent No.2.

It is submitted that, in view of settlement and mutual consent of divorce, the Criminal proceedings does not survive and as the disputes are settled, both the parties are not interested in prosecuting the criminal cases and also not interested in continue of the litigations.

It is submitted that, the offences are non compoundable in nature against the petitioners and hence seeking indulgence of this Hon'ble Court to quash the proceedings. It is submitted that, there is no coercion or undue influence to respondent No.2 to enter this settlement and no public interest or property will be

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affected if the proceedings were quashed. It is submitted that if the application is not allowed the parties will be put to great hardship and injury and the purpose of mediation/settlement will be vitiated

Wherefore, the petitioners and respondent No.2, prays that, this Hon'ble Court may be pleased to permit them to compound the offences and quash the entire proceedings against petitioners, in C.C. No.48806/2025, vide Annexure-A, registered by respondent No.1, South Women Police based on complaint of respondent No.2, which is pending before Hon'ble XXXVII A.C.J.M, Bangalore for the offences punishable U/s 85, 352, r/w 3(5) Bharathiya Nyaya Sanhita 2023 and Section 3 and 4 of D.P. Act, in the interest of justice."

4. The learned counsel for the petitioners has handed over Demand Draft for a sum of Rs.4,00,000/- to the complainant who is present before this Court.

5. In the light of application for compounding being filed along with the an affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition.

6. For the aforesaid reasons, the following:

ORDER

i. Criminal Petition stands disposed.

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ii. Proceedings pending in C.C.No.48806/2025 before the XXXVII Additional Chief Judicial Magistrate, Bangalore, against the petitioners stands quashed.

Sd/- (M.NAGAPRASANNA) JUDGE

HR List No.: 2 Sl No.: 94