Allowed¶39

Rishi Singh Thakur v. Rakesh Mohan Pandey

Karnataka HC7 Mar 2025CRL.P/1569/2022

Case brief

AI extract

What is this about?

Quashing of defamation private complaint (S.500 r/w S.34 IPC) on settlement between parties; compounding of offence; inherent power under S.482 Cr.P.C.; petitioners were parents-in-law and brother-in-law of complainant; matrimonial dispute resolved by divorce decree in M.C.No.650/2019; cognizance order dated 01.04.2021 by XLI ACMM Bengaluru in C.C.No.8642/2021 set aside; High Court of Karnataka, Bengaluru; Mohammad Nawaz J.; CRL.P No. 1569 of 2022; NC: 2025:KHC:10372; decided 07.03.2025.

What did the court decide?

Petition allowed; entire proceedings in C.C.No.8642/2021 before the XLI ACMM Court, Bengaluru quashed; parties permitted to compound the offence; I.A.No.2/2022, I.A.No.3/2022 and I.A.No.1/2023 disposed of. ¶39

Rishi Singh Thakur Vs Rakesh Mohan Pandey — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 01.04.2021 of the XLI ACMM, Bengaluru taking cognizance under Section 500 read with Section 34 IPC and the subsequent proceedings in C.C.No.8642/2021 should be quashed in exercise of inherent jurisdiction, given the settlement between the parties.

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Court's answer

Since the complainant himself came forward to settle the matter, no purpose would be served in continuing the proceedings before the Trial Court; the parties were permitted to compound the offence.

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Ratio / Principle

The petition was allowed and the entire proceedings pending before the XLI ACMM Court, Bengaluru in C.C.No.8642/2021 were quashed.

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Detailed headnote1 paragraphs

Criminal Petition No. 1569 of 2022 filed under Section 482 Cr.P.C. challenged the order dated 01.04.2021 of the XLI ACMM, Bengaluru in C.C.No.8642/2021 taking cognizance of an offence punishable under Section 500 read with Section 34 IPC, founded on a private complaint alleging derogatory statements degrading the dignity of the complainant. The petitioners were the parents-in-law and brother-in-law of the complainant. During the pendency, the marriage between the complainant and his wife was dissolved through a divorce decree pursuant to a mediation agreement in M.C.No.650/2019, and learned counsel for the respondent/complainant stated that the matter stood settled and he had no objection to quashing. The Court held that, the complainant himself having come forward to settle the matter, no purpose would be served in continuing the proceedings before the Trial Court, permitted the parties to compound the offence, allowed the petition, quashed the entire proceedings in C.C.No.8642/2021, and disposed of I.A.No.2/2022, I.A.No.3/2022 and I.A.No.1/2023.

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NC: 2025:KHC:10372 CRL.P No. 1569 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 1569 OF 2022

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(482(Cr.PC) / 528(BNSS))

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BETWEEN:

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RISHI SINGH THAKUR

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S/O MAKARDHWAJ SINGH THAKUR AGED ABOUT 44 YEARS, OCCUPATION: IT CONSULTANT R/A 309, SHIVA GOWRI APARTMENTS BENNERGHATTA ROAD, GOTTIGERE BENGALURU - 560 083.

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MAKARDHWAJ SINGH THAKUR S/O BIKRAM SINGH THAKUR AGED ABOUT 76 YEARS OCCUPATION: RETIRED GOVERNMENT SERVANT

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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R/A 309, SHIVA GOWRI APARTMENTS BENNERGHATTA ROAD, GOTTIGERE BENGALURU - 560 083.

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NIRJA THAKUR, W/O MAHAKARDWAJ SINGH THAKUR AGED ABOUT 72 YEARS OCCUPATION: HOUSE WIFE R/A 309, SHIVA GOWRI APARTMENTS, BENNERGHATTA ROAD, GOTTIGERE BENGALURU - 560 083.

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…PETITIONERS

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(BY SRI. SHIVARAJ N. ARALI, ADVOCATE)

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NC: 2025:KHC:10372 CRL.P No. 1569 of 2022

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AND:

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RAKESH MOHAN PANDEY, AGED ABOUT 43 YEARS, S/O DINESH PRASAD PANDEY, R/A NO. 19, 1ST FLOOR, 4TH C BLOCK, 12TH MAIN, 2ND CROSS, KORAMANGALA, BENGALURU - 560 034.

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…RESPONDENT

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(BY SRI. KAPIL DIXIT, ADVOCATE)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 01.04.2021 TAKING COGNIZANCE OF THE OFFENCE P/U/S 500 R/W 34 OF IPC AGAINST THE 2nd,3rd AND 4th ACCUSED AND SUBSEQUENT PROCEEDINGS THEREON IN C.C.NO.8642/2021 BEFORE THE XLI ACMM, BANGALORE

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Order dated 01.04.2021 passed by the XLI ACMM Court, Bengaluru in C.C.8642/2021, taking cognizance of offence punishable under Section 500 read with Section 34 of IPC is called in question in this petition.

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A private complaint is lodged by respondent against petitioners alleging an offence punishable under Section 500 read with Section 34 of IPC, wherein it is stated that certain

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3 - NC: 2025:KHC:10372 CRL.P No. 1569 of 2022

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derogatory statements were made by these petitioners degrading the dignity of the complainant etc.

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Petitioners are the parents-in-law and brother-inlaw of the complainant. Learned counsel appearing for both the parties would submit that the matter has been settled and in the M.C.No.650/2019, in view of the mediation agreement executed between the respondent / complainant and his wife, their marriage solemnized on 30.06.2021 has been dissolved through a decree of divorce.

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Sri. Kapil Dixit learned counsel appearing for respondent / complainant submits that since the matter is settled between the parties, he has no objection to quash the proceedings initiated against the petitioners.

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As the complainant himself has come forward to settle the matter, no purpose will be served in continuing the proceedings before the Trial Court. Parties are permitted to compound the offence and accordingly, the following:-

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ORDER

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i) Petition is allowed .

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NC: 2025:KHC:10372 CRL.P No. 1569 of 2022

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ii) Entire proceedings pending before the XLI ACMM Court, Bengaluru in C.C.No.8642/2021 are quashed.

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iii) I.A.No.2/2022, I.A.No.3/2022 and I.A.No.1/2023 are disposed of .

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