Mr. Vishal Kumar Jain S v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8931 OF 2023 BETWEEN:

¶1MR. VISHAL KUMAR JAIN S S/O SHANTILAL JAIN AGED ABOUT 30 YEARS R./AT KUMAT SADAN NO.8, K 56/15, 1ST MAIN ROAD 2ND CROSS, ABHAY REDDY LAYOUT GARVEBAVIPALYA, NEAR MATHA SCHOOL, BENGALURU - 560 068.

¶2MR. ROOP CHAND JAIN S/O HARAK CHAND JAIN AGED ABOUT 50 YEARS R/AT 4, 2ND FLOOR, 2ND CROSS 2ND MAIN, OPP TO CANCER HOSPITAL SRINIVASA COLONY MISSION ROAD, S.R. NAGAR BENGALURU - 560 027.

¶3MR. SHANTILAL JAIN S/O HARAK CHAND JAIN AGED ABOUT 64 YEARS R/AT KUMAT SADAN NO.8, K 56/15, 1ST MAIN ROAD 2ND CROSS, ABHAY REDDY LAYOUT GARVEBAVIPALYA, NEAR MATHA SCHOOL, BENGALURU - 560 068.

¶4MRS. MANJU SHANTILAL JAIN W/O SHANTILAL JAIN AGED ABOUT 62 YEARS R/AT KUMAT SADAN NO.8, K 56/15, 1ST MAIN ROAD GARVEBAVIPALYA, NEAR MATHA SCHOOL, BENGALURU - 560 068. …PETITIONERS

by NANDINI M S Location: HIGH COURT OF KARNATAKA

(BY SRI VIVEK RAJ M, ADV., FOR SRI LETHIF B, ADV.) AND:

¶1STATE OF KARNATAKA REP. BY HEBBAGODI POLICE STATION BANGALORE DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001.

¶2ASHIKA AGED 30 W/O VISHAL KUMAR JAIN R/AT AMAR PLAZA SAI BABA TEMPLE ROAD E-CITY PHASE 1 BANGALORE DISTRICT BANGALORE - 560 100. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; SRI CHIRANJEEVI K.R, ADV., FOR R-2)

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.431/2023 BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 498A,323 AND SEC. 3 AND 4 OF D.P. ACT, ON THE FILE OF II ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT OF HEBBAGODI POLICE STATION.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused nos.1 to 4 are before this Court in this petition filed under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in Crime No.431 of 2023 registered by Hebbagodi Police Station, Bengaluru District for

offences punishable under Sections 498A, 323 of IPC and Sections 3 & 4 of DP Act, 1961.

¶2Heard the learned counsel for the parties.

¶3Learned counsel for the petitioners and learned counsel for the respondent no.2 jointly submit that the dispute between the parties has been amicably settled and the said settlement was reported before the jurisdictional Court of Family Judge at Bangalore in M.C.No.1804 of 2024. According to the settlement reported in M.C.No.1804 of 2024, the marriage between petitioner no.1 and respondent no.2 herein is already dissolved.

¶4The parties, who are present in person before the Court are identified by their learned advocates. They submit that settlement arrived between the parties is voluntary without there being any undue influence and coercion.

¶5Copy of the memorandum of settlement executed between the petitioner no.1 and his wife, who is respondent no.2 herein in M.C.No.1804 of 2024 is produced by the parties. The same is taken on record along with the joint memo filed by

the parties. In paragraph nos.1 to 5 of the joint memo, it is stated as follows: -

"1. It is submitted that 2nd Respondent herein is the legally wedded wife of Petitioner. Due to some differences between 2nd respondent and petitioner, 2nd respondent had filed a complaint against petitioner and his family members, before the first respondent police. The first respondent registered a case in Crime no.431/2023 on the complaint of respondent No.2 herein, against petitioners for offences which are made penal under Sections 498A, 323 Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

¶2It is submitted that second respondent herein had filed a petition under section 13(1)(ia) of the Hindu Marriage Act-1955, seeking decree of divorce in M.C. No. 1804/2024 before the I Addl. Principal Judge, Family Court, Bengaluru. On 12/06/2026 first petitioner and second respondent entered into an agreement under section 89 of Civil Procedure Code and case was disposed off as per agreement before I Addl. Principal Judge Family Court Bangalore.

¶3Further, as per the above-mentioned Memorandum of Settlement, one of the conditions is that the 2nd Respondent shall appear before this Hon'ble court in the above case and give her consent for quashing of the proceedings in Crime no. 431/2023.

¶4Since the matter is amicably settled between the parties, 2nd Respondent herein has no objection to quash the proceedings initiated against the Petitioners in Crime no.431/2023 registered at the first respondent police station which is now pending on the file of the Hon'ble II Addl. CJM and JMFC At Anekal and now pending on the file of IV Addl. Chief judicial magistrate and JMFC At Anekal. The copy of the agreement under section 89 of CPC is attached herewith for the kind perusal of the Hon'ble Court.

¶5As per the agreement the first petitioner is now handing over the DD for sum of Rs. 3,00,000/- in favour of second respondent and Rs. 10,00,000/- in the name of the petitioner's daughter. Copy of the DD is attached herewith kind perusal of this Hon'ble Court.

In view of the said settlement, this Hon'ble Court may be pleased to quash the proceedings in Crime no.431/2023 registered at the first respondent police station for offences which are made penal under sections 498A, 323 Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act which is now pending on the file of the Hon'ble II Addl. CJM and JMFC At Anekal and now pending on the file of IV Addl. Chief Judicial Magistrate and JMFC at Anekal. Hence, this Joint Memo".

¶6Two separate demand drafts in terms of joint memo is handed over by petitioner no.1 - husband to respondent no.2

- wife, who are present in person before this Court. Respondent no.2 has acknowledged receipt of the same.

¶7The joint memo is signed by the parties and by their respective advocates. The alleged offences are all compoundable in nature and dispute which is pending between the family members is being put to an end in view of the settlement arrived between the parties. Under the circumstances, I am of the opinion that this is a fit case wherein this Court is required to exercise its inherent power under Section 482 of Cr.P.C, in order to secure the ends of justice. Accordingly, the following :- ORDER

Criminal petition is allowed.

The entire proceedings in Crime No.431 of 2023 registered by Hebbagodi Police Station, Bengaluru District for offences punishable under Sections 498A, 323 of IPC and Sections 3, 4 of D.P. Act, 1961 is quashed as against the petitioners.

Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 2 Sl No.: 3