Anil Jain v. State of Karnataka

NC:(2025:KHC:38618( CRL.P(No.(642(of(2023( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(24 (DAY(OF(SEPTEMBER,(2025(

BEFORE( THE(HON'BLE(MS.(JUSTICE(J.M.KHAZI( CRIMINAL(PETITION(NO.(642(OF(2023(( (482(Cr.PC)(/(528(BNSS))( BETWEEN:(( (

1., ANIL,JAIN, S/O,KAILASH,CHAND,JAIN,, AGED,ABOUT,34,YEARS,, BUSINESS,AT,M/S.,M.R.,GOLD,,

NO.31/32,,GROUND,FLOOR,, R.R.,MARKET,,KEMPANNA,LANE,, NAGARATHPETE,CROSS,, BANGALORE-560,002.,

,

2., SONIA,JAIN, D/O,LATE,SURESH,JAIN,, AGED,ABOUT,34,YEARS,, Digitally R/AT,NO.1967/25,,1ST,FLOOR,,,signedtiby REKHA0R 12TH,A,CROSS,ROAD,, NEAR,NEW,CAMBRIDGE,SCHOOL,,Location: High0Court HAMPINAGAR,,RPC,LAYOUT,, of VIJAYNAGAR,II,STAGE,, Karnataka BENGALURU-560,040., ,

3., PARASMAL,JAIN, S/O,LATE,MANGILALJI,GANNA,, AGED,ABOUT,62,YEARS,, M/S,SRI,LAXMI,HOME,NEEDS,, NO.,37/93/2,,OPPOSITE,TO,SRI,DURGA, RESTAURANT,,R.K.PURAM,, NC:(2025:KHC:38618( CRL.P(No.(642(of(2023( ( , ,,HC-KAR( ( ( SECUNDARABAD-590,094., ,

4., S.,MAHAVEER,JAIN, S/O,LATE,SURESH,JAIN,, AGED,ABOUT,30,YEARS,, BUSINESS,AT,M/S.,BHAGYALAKSHMI,JEWELLERS,, R/AT,37-97,,SRI,COLONY,, NEREDMET,CROSS,ROAD,, R.,K.,PURAM,,SECUNDARABAD-500,056., …PETITIONERS, (BY,SRI.,RAJASHEKAR,S,,ADVOCATE), AND:( (

1., STATE,OF,KARNATAKA, VIJAYANAGAR,POLICE,STATION,, REPRESENTED,BY,ITS,SPP,, HIGH,COURT,BUILDING,, BENGALURU-560,001., ,

2., SMT.,SHEETAL,G,JAIN, W/O,S.,MAHAVEER,JAIN,, AGED,ABOUT,27,YEARS,, R/AT,NO.,51/72,,1ST,B,MAIN,ROAD,, PIPELINE,SERVICE,ROAD,, OPPOSITE,AYURVEDA,HOSPITAL,, VIJAYANAGARA,II,STAGE,, BENGALURU-560,040., …RESPONDENTS, (BY,SMT.N.ANITHA,GIRISH,,HCGP,FOR,R1;, SRI.GOPAL,SINGH,,ADVOCATE,FOR,R2), , , THIS,CRL.P,IS,FILED,U/S.482,CR.P.C,BY,THE,ADVOCATE, FOR, THE, PETITIONER, PRAYING, TO, SET, ASIDE, THE, ORDER,

DATED 09.09.2022 REJECTING THE B-REPORT FILED BY THE POLICE AND THE ORDER TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED

13.12.2022 PASSED IN P.C.R.NO.862/2021 FOR THE OFFENCES P/U/S 323, 504, 506 AND 354 R/W 34 OF IPC PENDING ON THE FILE OF XXIV ADDL.C.M.M., BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

ORAL ORDER

Accused Nos.1, and and respondent No.2/complainant as well as their respective learned counsel and learned HCGP for State are present.

¶2This petition is filed by petitioners/accused Nos.1 to 4 under Section 482 of Cr.P.C, to set aside the order dated 09.09.2022 rejecting the B-report filed by the police and the order taking cognizance and issuance of process dated 13.12.2022 passed in PCR No.862/2021 for the offences punishable under Sections 323, 504, 506 and

354 r/w Section 34 of IPC pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru.

¶3Application under Section 302(2) r/w Section 482 of Cr.P.C. accompany with joint affidavit is filed in the form of compromise petition, along with joint memo, duly signed by accused Nos.1, 2 and 4 and respondent No.2/complainant as well as their respective learned counsel. Xerox copy of application filed under Section 13-B of Hindu Marriage Act, 1955 before the Family Court Bengaluru, in M.C.No.5965/2025 is also produced.

¶4The terms and conditions of settlement arrived at between the parties reads as under: "JOINT AFFIDAVIT We, (1) ANIL JAIN, S/o Kailash Chand Jain, Aged about 36 years. Business at: M/S M.R Gold, No.31/32 Ground floor, RR Market. Kempanna lane, Nagarathpete Cross, Bengaluru 560002. (2) SONIA JAIN, D/o Late Suresh Jain, Aged about 36 years, R/at No. 1967/25. 1st Floor, 12th 'A' Cross Road, Near new Cambridge School, Hampinagar, RPC Layout, Vijaynagar II Stage, Bengaluru 560040, (3) S.

MAHAVEER JAIN. S/o Late Suresh Jain, Aged about 32 years, Business at: M/s Bhagyalazmi Jewellers, R/at: 37-97, Sri Colony. Neredmet Cross Road, R.K Puram, Secundarabad 500 056 and (4) SMT. SHEETAL G JAIN. D/o. Goutham Chand Jain S. Aged about 29 years, R/at: #51/72, 1ST B Main Road, Pipeline Service Road. Opp. Ayurveda Hospital. Vijayanagara II Stage, Bengaluru 560 040, today at Bengaluru., do hereby solemnly affirm and state on oath as follows:

¶2We state that the first three of us are the petitioners and the fourth of us is second respondent in the above case and we are acquainted with the facts of the case and as such we are swearing this affidavit. We submit during the pendency of the above petition, as per the advice of elders, relatives and well wishers. Nos. 3 and 4 amongst us have settled their dispute and to put a quietus to the same as such Nos. 3 and 4 amongst us filed petition under Section 13-B of Hindu Marriage Act in M.C.No.5965/2025 on the file of the IV Additional Principal Judge, Family Court, Bengaluru and Nos. 3 and 4 amongst us have mutually agreed to dissolve of our marriage solemnized on 16.02.2014 at Shrungar Palace, Palace Grounds, Bellary Road, Bengaluru. We further submit that Nos. 3 and 4 amongst us have mutually agreed to resolve all the matrimonial disputes arose between us. Copy of the petition in M.C.No.5965/2025 is produced herewith and same is marked as DOCUMENT NO.1. The terms

and conditions of the petition may be read as part and parcel of this joint Affidavit to avoid repetition of facts,

¶3We submit that as per clause No.6 (c) of the petition, No.4 amongst us has agreed to give consent for closure of the criminal case lodged against Nos.1 to 4 amongst us which reads as under:

(c) The petitioner No.1 is persuing appeals in CRL.Apl.No.1377/2023 on the file of the Honorable Sessions Court, Bengaluru. The petitioner No.1 is also persuing Criminal Petitions in CRL.P.No. 7831/2022 and CRL.P.No.642/2023 before this Honorable High Court of Karnataka and the petitioners undertakes to appear before the said cases and report the compromise and thereby take steps to close the criminal cases in C.C.No.3494/2021 pending on the file of the Honorable XXIV ACMM & C.C.No.192/2023, pending on the file of Honorable XXIV ACMM, Bengaluru.

In view of the same, we do not have any objection to quash the entire proceedings in P.C.R.No.862/2021 pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru registered for the offences punishable under Sections 323, 504, 506. 354 read with Section 34 of IPC against the petitioners herein.

¶4We state that there is no force or threat or coercion from anyone to settle the dispute and we have settled our dispute amicably.

¶5All this is true and correct.

Wherefore, we pray that, this Hon'ble Court may be pleased to allow the application in the interest of justice and equity". We, ANIL JAIN, SONIA JAIN, S. MAHAVEER JAIN AND SHEETAL the deponents herein, do hereby declare that what are stated in above paragraphs are true to the best of our knowledge, information and belief".

¶5Respondent No.2/complainant admit the compromise and submits that she has no objection to allow the petition. The terms and conditions of joint affidavit are legal and equitable. The same is accepted. Accordingly I.A.No.1/2025 is allowed. Consequently, the petition is allowed, accordingly the following: ORDER

(i) The petition filed by the petitioners/accused Nos.1 to under Section 482 of Cr.P.C, is allowed.

(ii) The order dated 09.09.2022 rejecting the B-report filed by the police and the order taking cognizance and issuance of process dated

13.12.2022 passed in PCR No.862/2021 for the offences punishable under Sections 323, 504, 506 and 354 r/w Section 34 of IPC pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby set aside.

(iii) The Registry is directed to send copy of this order to the trial Court forthwith.

In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required.

Sd/- (J.M.KHAZI) JUDGE

ASN List No.: 1 Sl No.: 21