WP/5410/2025 of MR. PUNITH GOWDA Vs STATE OF KARNATAKA on 27 July 2026

ORAL ORDER

In W.P.No.5522/2025, the petitioner is before this Court seeking the following prayers: "A. Issue an appropriate writ, order or direction quashing the complaint and FIR dated 09.12.2024 in Crime No.249/2024 filed by the Chikkajala Police Station for the offences punishable under sections 118(1), 351(2), 352 and 75 of Bharathiya Nyaya Sanhita, arraigning the present petitioner as sole accused (vide Annexure-A and B);

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B. Pass/issue such other needy directions/orders in favor of the petitioners under the circumstances of the case in the interest of justice."

2. In W.P.No.5410/2025, the petitioner is before this Court seeking the following prayers: "A. Issue an appropriate writ, order or direction quashing the complaint and FIR in Crime No.209/2024 dated 10.09.2024 before the Wilsongarden P.S. for the offences punishable under sections 351, 352 and 74 of Bharathiya Nyaya Sanhita, arraigning the present petitioner as sole accused (vide Annexure-A and B); B. Pass/issue such other needy directions/orders in favor of the petitioners under the circumstances of the case in the interest of justice."

3. In both the petitions, heard Sri.Samartha S, learned counsel appearing for the petitioner, Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.1, Sri.Lakshmish G, learned counsel appearing for respondent No.2 and have perused the material on record.

4. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint affidavit in that regard which reads as follows:

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“1. We state that, are the Petitioner and Respondent No.2 in the above Writ Petition and we are fully aware of the facts and circumstances and hence we swear to this affidavit. 2 The Petitioner had filed the above Petition seeking quashing of the complaint and FIR in Crime No. 249/2024, dated 09.12.2024, before the Chikkajala Police Station, for the offences punishable under Sections 118(1), 351(2), 352 and 75 of the Bharatiya Nyaya Sanhita, which was registered based on the complaint filed by Respondent No.2.

3. It is submitted that, the parties were married to each other, and due to irreconcilable differences, had filed multiple proceedings and prosecutions. The Petitioner had also filed M.C. No. 4349/2024 before the Vth Additional Principal Family Judge, Bangalore City, seeking restitution of conjugal rights with the Respondent No.2.

4. We state that, during the course of the mediation process before the Family Court, both parties have resolved their differences and have mutually agreed for the marriage to be dissolved as per the Memorandum of Settlement dated 13.06.2025.

5. We further state that, as per the terms of the Memorandum of Settlement dated 13.06.2025, the Respondent No.2 had agreed that she shall ensure closure of the proceedings initiated upon the complaint in Crime No. 249/2024, registered for the offences under Sections 118(1), 351(2), 352 and 75 of the Bharatiya Nyaya Sanhita, dated 09.12.2024.

6. Subsequently, the Hon'ble Vth Additional Principal Family Judge has passed a Judgment and Order dissolving the marriage as per the Memorandum of Settlement, vide its Order dated 13.06.2025. The said Judgement and Decree of the Court along with the Memorandum of Settlement is produced as Annexure- A.

7. That both the parties are hereby filing the present Joint Affidavit, wherein the Respondent No.2 is giving her

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unequivocal consent for the quashing of the criminal proceedings mentioned in this Petition.

8. It is further submitted that, this Hon'ble High Court of Karnataka, exercising its powers under article 226 and 227 of the Indian Constitution, is empowered to quash the criminal proceedings in matrimonial offences of the present nature where the parties have resolved their issues and withdrawn their allegations.

9. Hence, the present Joint Affidavit being filed by both the parties for this Hon'ble High Court to pass the necessary orders and put an end to the litigation and prosecution.

We, the deponents herein, state that all the information provided by us above are true and correct to the best of our knowledge, information and belief.”

5. The parties to the lis are present before the Court and are identified by their respective counsels.

6. In the light of the joint affidavit as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the said joint affidavit and terminate the proceedings against the petitioner in the subject petitions.

7. For the aforesaid reasons, the following:

ORDER

[I] Writ Petitions are disposed.

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[II] In W.P.No.5522/2025, complaint and FIR dated 09/12/2024 in Crime No.249/2024 filed by the Chikkajala Police Station for the offences punishable under Sections 118(1), 351(2), 352 and 75 of BNS, stands quashed qua the petitioner. [III] In W.P.No.5410/2025, complaint and FIR in Crime No.209/2024 dated 10.09.2024 before the Wilson Garden P.S for the offences punishable under Sections 351, 352 and 74 of BNS, stands quashed qua the petitioner.

Sd/- (M.NAGAPRASANNA) JUDGE

CBC List No.: 2 Sl No.: 102