Dr Abhijit Bhattacharya Vs State of Karnataka by Varthur… — Dowry and Cruelty | Karnataka HC (2025)

Dr Abhijit Bhattacharya Vs State of Karnataka by Varthur… — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Entire proceedings in C.C.No.11791/2024 pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural District, as against accused Nos.1 and 2 (including accused No.2 Mr. Daniel Essex), quashed.

Issue for consideration

Whether the charge sheet and entire proceedings in C.C.No.11791/2024 (II ACJM, Bengaluru Rural), arising out of Crime No.391/2024 of Varthur Police Station for offences under Sections 205, 329(4) and 85 of BNS, 2023 against the petitioner (accused No.1) and accused No.2, should be quashed in view of the amicable matrimonial settlement between the petitioner and respondent No.2.

Court's answer

Considering the matrimonial relationship between the parties, the nature of allegations, and the settlement having taken place (with respondent No.2 consenting and having no objection), the Court found it expedient to quash the entire proceedings pending before the trial Court against accused Nos.1 and 2, to secure the ends of justice; the inherent power under Section 482 Cr.P.C./Section 528 BNSS was exercised for this purpose, relying on the Supreme Court's view that Section 320 is not a bar where genuine matrimonial settlements exist.

Detailed headnote1 paragraphs

Quashing — matrimonial dispute — inherent power under S.482 Cr.P.C. (S.528 BNSS): The High Court of Karnataka (Mohammad Nawaz, J.) allowed Crl.P.No.14109/2024 and quashed the entire proceedings in C.C.No.11791/2024 (II ACJM, Bengaluru Rural), arising from FIR Crime No.391/2024 of Varthur Police Station for offences under Sections 205, 329(4) and 85 of BNS, 2023, against accused Nos.1 and 2 (petitioner Dr. Abhijit Bhattacharya, husband of complainant respondent No.2 Himakshi Goswami, and accused No.2 Mr. Daniel Essex). Following an amicable settlement recorded in joint affidavits — including a mutual-consent divorce petition (FC (Civil) 1215/2025, Family Court No.3, Guwahati), relinquishment of rights in the flat, and undertakings regarding the petitioner's own FIR Cr.No.0690/2024 B Report — and with respondent No.2 expressly consenting, the Court, relying on Jitendra Raghuvanshi v. Babita Raghuvanshi, 2013(2) Crimes 90(SC) (inherent powers under S.482 are wide; genuine matrimonial settlements may be given effect to even for non-compoundable offences, Section 320 not being a bar), held it expedient to quash the proceedings to secure the ends of justice.

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NC: 2025:KHC:46403 CRL.P No. 14109 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 14109 OF 2024

BETWEEN:

DR. ABHIJIT BHATTACHARYA AGED ABOUT 38 YEARS, S/O LT. SALIGRAM BHATTACHARYA, PERMANENT RESIDENT OF NO.23, AB POLYCLINIC, NARENGI TINIALI, GUWAHATI-781 026.

…PETITIONER

(BY SRI. JAYANTH V., ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

STATE OF KARNATAKA BY VARTHUR POLICE WPQW+6Q6, VARTHUR ROAD MARKET, NEAR VARTHUR, BENGALURU-560 087, REP. BY S.P.P., HIGH COURT OF KARNATAKA AT BENGALURU-560 001.

HIMAKSHI GOSWAMI AGED ABOUT 39 YEARS. D/O HAMANTA KUMAR GOSWAMI, W/O DR. ABHIJIT BHATTACHARYA, NO.250, 2^ND FLOOR, H-WING, SERENE BLOCK, BRIGADE CORNERSTONE UTOPIA, VARTHUR, BENGALURU-560 087.

…RESPONDENTS

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(BY SRI. ANOOP KUMAR M.V., HCGP FOR R1; SRI. PRADYUMNA M., ADVOCATE FOR SRI. NARAYANA S., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET LAID BY RESPONDENT NO.1 IN CC.NO.11791/2024 ON THE FILE OF THE II ACJM, BENGALURU RURAL QUA THE PETITIONER, FOR THE OFFENCE SAID TO BE PUNISHABLE UNDER S. 205, 329(4) AND 85 OF THE BNS IN VARTHUR P.S. AND ALL PROCEEDINGS THERE IN.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner is seeking to quash the chargesheet laid by the Police in connection with the case registered in Crime No.391/2024 of Varttur Police Station now, pending in C.C.No.11791/2024 on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural District.

The law was set into motion by respondent No.2, based on her complaint, a case in Crime No. 391/2024 was registered against the petitioner and another unknown person for the offence punishable under Section 205, 329(4) and 85 of BNS, 2023.

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On completion of investigation chargesheet has

been filed against accused Nos.1 and 2.

Respondent No.2 is none other than the wife of

petitioner. FIR contents reveal that on account of matrimonial dispute which led to some incident, the complaint was lodged. Petitioner and respondent No.2 are

present before the Court. Joint affidavits are filed stating that the dispute arose out of matrimonial differences, however, in view of the welfare and best interest of the minor child, parties have amicably resolved the differences and as part of the said settlement, they have decided to put an end to all litigations, including the present criminal proceedings initiated by respondent No.2.

Para 6 of the joint affidavit is extracted here under:

“6. Further, both of us unconditionally undertake as follows before this Hon'ble Court:

a. That we have filed a petition under S. 13B of the Hindu Marriage Act r/w S. 28 of the Specific Marriage Act before FC (Civil)

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1215/2025 before the Family Court No.3, Guwahati for dissolution of marriage by mutual consent. We both undertake to appear before the Hon'ble Judge of the Family Court No.3 and dissolve the marriage on 17-11-2025.

b. The Petitioner had lodged an FIR bearing Cr.No.0690/2024 before the Varthur Police Station on the file of the AddL. CJM, Bengaluru Rural. The Varthur Police has filed a B Report in the said Cr. 0690/2024. The Petitioner undertakes before this Hon'ble Court that he shall not contest, oppose, or file any protest petition or memo, either directly or indirectly, in respect of the B Report. Nor shall they authorise or encourage any other person to do so on their behalf, at any stage of the proceedings.

c. Respondent No.2 undertakes before this Hon'ble Court to execute a Relinquishment Deed / Release Deed or execute such other deeds or agreements under which Respondent No.2 shall relinquish all her rights, title and interest in the property bearing No. A-2006 in Twentieth floor of tower A in Brigade Buena Vista in favour of the Petitioner herein on 18-11-2025 and the Petitioner in pursuance thereof does hereby undertake to get the names of respondent No.2 and her mother, Mrs. Deepali Goswami in respect of loan

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account No.PHR000905438633, on Axis Bank Limited removed.

d. In the event that the marriage is not dissolved by the Hon'ble Family Court No.3, Guwahati on 17-11-2025 for any reason, the Petitioner hereby undertakes to appear before the Family Court No.3, Guwahati, on the next earliest date to be fixed by the Court, and further undertakes to request that such date be scheduled on 19-11-2025 or within 22 days, without seeking any adjournment or delay in the proceedings.”

In one more joint affidavit, respondent No.2 has

consented to quash the chargesheet against accused No.2Mr. Daniel Essex.

Petitioner and respondent No.2 are present

before the Court. They have acknowledged the settlement.

Respondent No.2 submits that in view of the amicable settlement, she is not interested in proceeding with the case and she has no objection to quash the entire proceedings, pending against accused Nos.1 and 2.

The joint affidavits are placed on record.

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The Hon’ble Supreme Court in the case of

Jitendra Raghuvanshi and others v. Babita

Raghuvanshi and another reported in 2013(2) Crimes 90(SC), has held that ‘the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing the ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR.’

Considering the relationship between the parties, nature of allegations and the settlement having taken place, it is expedient to quash the proceedings pending before the trial Court, to secure the ends of justice. Hence, the following:

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ORDER

Petition is allowed.

The entire proceedings in C.C.No. 11791/2024 pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural District as against accused Nos.1 and 2 are quashed.

Sd/(MOHAMMAD NAWAZ) JUDGE

HB

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