Ms. Sonam Naresh Gangurde v. State of Karnataka

Karnataka HC12 Sept 2025CRL.P/13067/2025

Case brief

AI extract

What is this about?

Quashing of FIR; Section 482 CrPC; Section 528 BNNS; BNS 2023 offences Sections 305, 316, 317, 318, 351, 61(1) r/w 3(5); Crime No.249/2025 Madivala Police Station Bengaluru; III ACJM Bengaluru; settlement between parties; joint affidavit; de-facto complainant withdrawal of allegations; non-compoundable offence Section 305 BNS; abuse of process of law; compromise recorded; ends of justice; accused Nos.1 and 2.

What did the court decide?

Proceedings/investigation in Crime No.249/2025, pending on the file of the III Additional Chief Judicial Magistrate, Bengaluru, quashed. ¶¶40

Ms. Sonam Naresh Gangurde Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Proceedings/investigation in Crime No.249/2025, pending on the file of the III Additional Chief Judicial Magistrate, Bengaluru, quashed.

¶¶40

Issue for consideration

Whether the criminal proceedings/investigation in Crime No.249/2025 ought to be quashed in view of the amicable settlement between the parties, notwithstanding that the offence under Section 305 of the BNS is non-compoundable.

¶¶33

Court's answer

In view of the withdrawal of allegations by respondent No.2/complainant and the acknowledgment that the matter has been settled out of Court, the continuation of criminal proceedings would amount to an abuse of the process of law.

¶¶37

Ratio / Principle

Although the offence under Section 305 of the BNS Act is non-compoundable, in the peculiar facts and circumstances of the case and in view of the settlement between the parties, the Court considered it appropriate to record the compromise and quash the proceedings in order to secure the ends of justice.

¶¶39

Detailed headnote1 paragraphs

Criminal Petition under S.482 Cr.P.C. (filed under S.528 BNNS) — quashing of FIR No.249/2025 dated 16.08.2025 of Madivala Police Station, Bengaluru, and proceedings thereon pending before the III Additional Chief Judicial Magistrate, Bengaluru, for offences punishable under Sections 305, 316, 317, 318, 351 and 61(1) r/w Section 3(5) of the BNS, 2023 — petitioners were accused Nos.1 and 2 — de-facto complainant (respondent No.2) appeared before the Court and stated that the dispute between the parties stood amicably resolved; joint affidavit of settlement taken on record — Held: continuation of criminal proceedings after such withdrawal of allegations and out-of-court settlement would amount to an abuse of the process of law; though the offence under Section 305 of the BNS Act is non-compoundable, in the peculiar facts and circumstances and in view of the settlement, the Court recorded the compromise and quashed the proceedings to secure the ends of justice — Petition allowed; proceedings/investigation in Crime No.249/2025 quashed.

¶1

¶2

NC: 2025:KHC:36386 CRL.P No. 13067 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF SEPTEMBER, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

¶7

CRIMINAL PETITION NO. 13067 OF 2025

¶8

BETWEEN:

¶9

MS. SONAM NARESH GANGURDE D/O NARESH GANGURDE, AGED ABOUT 26 YEARS, R/O HILL No.3, BEHIND SAINATH SCHOOL, SANTOSHI MATA NAGAR, VALMIKI NAGAR, GHATKOPAR WEST, MUMBAI, MAHARASTRA – 400 086

¶10

Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA

¶11

MS ANAMIKA KUMARI RAJESH DUBEY D/O RAJESH DUBEY, AGED ABOUT 25 YEARS, RAVI CAMP, DHOBI GHAT, KOKARI AGAR M A ROAD, NEAR KAKA HOTEL, SION KOLIWADA, MUMBAI, MAHARASHTRA - 400037

¶12

…PETITIONERS

¶13

(BY SRI. BHARATH KUMAR V.,ADVOCATE)

¶14

AND:

¶15

STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, MADIWALA POLICE STATION,

¶16

¶17

NC: 2025:KHC:36386 CRL.P No. 13067 of 2025

¶18

HC-KAR

¶19

BENGALURU,

¶20

REP. BY STATE PUBLIC PROSECUTOR, HONBLE HIGH COURT OF KARNATAKA, DR AMBEDKAR VEEDHI, BENGALURU - 560001

¶21

MR JAGADISH CHANDRA S/O MR BHANARAM, AGED ABOUT 48 YEARS, R/O No.21/48, 13^TH CROSS, ANJANEY TEMPLE ROAD, SARAKKI J P NAGAR, 1ST STAGE, BENGALURU - 560078

¶22

…RESPONDENTS

¶23

(BY SRI. RAHUL RAI, HCGP FOR R1;

¶24

SRI. NATARAJ DONKENNANAVAR, ADV. FOR R2)

¶25

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO 1.QUASH THE FIR BEARING NO.249/2025 ALONG WITH INFORMATION DATED 16.08.2025 REGISTERED WITH THE RESPONDENT NO.1 MADIVALA POLICE STATION WHEREIN THE PETITIONERS HEREIN ARE ARRAIGNED AS ACCUSED NO.1 AND 2 FOR THE ALLEGED OFFENCE P/U/S 305,316,317,318,351,61(1) R/W SEC.3(5) OF THE BNS ACT 2023 PENDING ON THE FILE OF HONBLE III A.C.J.M BENGALURU AND ETC.

¶26

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

¶27

ORDER WAS MADE THEREIN AS UNDER:

¶28

¶29

NC: 2025:KHC:36386 CRL.P No. 13067 of 2025

¶30

HC-KAR

¶31

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

¶32

ORAL ORDER

¶33

This petition is filed by accused Nos.1 and 2 seeking quashing of the proceedings pending in Crime No. 249/2025 for the offence punishable under Sections 305, 316, 317, 318, 351 and 61(1) read with Section 3(5) of the BNS, 2023.

¶34

The de-facto complainant is present before this

¶35

Court and submits that the dispute between the parties has been amicably resolved. He, therefore, prays that the proceedings be quashed. It is further stated that the complainant has perused the contents of the joint affidavit, which have been duly explained to him by his learned counsel, and he affirms the same. The joint affidavit is accordingly taken on record.

¶36

In view of the withdrawal of allegations by respondent No.2/complainant, coupled with the

¶37

4 - NC: 2025:KHC:36386 CRL.P No. 13067 of 2025

¶38

HC-KAR

¶39

acknowledgment that the matter has been settled out of Court, this Court is of the opinion that the continuation of criminal proceedings would amount to an abuse of the process of law. Though the offence under Section 305 of the BNS Act is non-compoundable, in the peculiar facts and circumstances of the case, and in view of the settlement between the parties, this Court considers it appropriate to record the compromise and quash the proceedings in order to secure the ends of justice.

¶40

Accordingly, the petition stands allowed . The proceedings/investigation in Crime No.249/2025, pending on the file of the III Additional Chief Judicial Magistrate, Bengaluru, are hereby quashed.

¶41

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

¶42

SSB

Ms. Sonam Naresh Gangurde v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ms. Sonam Naresh Gangurde v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sailen Das Vs State by Kodigehalli Police Station

K H Abdul Majeed Alias Abdul Mazeed Mysore Vs State of Karnataka

Smt L K Akila Vs Mr M Suresh

Kavitha Shetty Vs the State of Karnataka

Mr.Edriyan Saul Sadhu Vs State of Karnataka

Sri Karthikesh N C Vs Smt B L Prabhavathamma