Ubaid B S Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Ubaid B S Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; entire proceedings in S.C.No.170/2023 pending before the VI Additional District and Sessions Judge, Mangalore, D.K. quashed; I.A.No.1/2025 disposed of.

Issue for consideration

Whether the entire criminal proceedings in S.C.No.170/2023 (Sections 448, 376(2)(n) and 506 IPC; Section 67(A) IT Act) should be quashed on the ground of settlement between the petitioner and respondent No.2, notwithstanding that the alleged offences are non-compoundable.

Court's answer

Since respondent No.2 is now married to the petitioner and residing with him along with their minor children, is a major, and has filed a joint affidavit and made submissions before the Court, no purpose will be served in continuing the criminal proceedings; hence, in the interest of justice, it is just and proper to quash the proceedings despite the offences being non-compoundable.

Detailed headnote1 paragraphs

Criminal Petition No. 15894 of 2025 (filed under S.482 Cr.P.C. / S.528 BNSS) before the High Court of Karnataka (Mohammad Nawaz, J., 12-12-2025): Petition allowed and the entire proceedings in S.C.No.170/2023 (arising out of Crime No.47/2022 of D.K Women P.S.) for offences under Sections 448, 376(2)(n) and 506 IPC and Section 67(A) of the Information Technology Act, pending before the VI Additional District and Sessions Judge, Mangalore, quashed. The FIR arose from a complaint by respondent No.2 alleging the accused developed physical relations by threatening to make her photos/audio viral and sent photographs to her husband pressing for divorce. Respondent No.2 stated the complaint was made in the spur of the moment under her parents' influence and pressure; she has since legally married the petitioner, has two minor children, and joined a joint affidavit consenting to quashing, affirming no coercion. Although the offences are non-compoundable, the Court, placing reliance on Narinder Singh v. State of Punjab, (2014) 6 SCC 466 (quashing on settlement justified to secure ends of justice or prevent abuse of process, particularly in disputes of predominantly civil character arising out of matrimonial relationship/family disputes), held that no purpose would be served in continuing the proceedings and quashed them in the interest of justice. I.A.No.1/2025 disposed of.

NC: 2025:KHC:52995 CRL.P No. 15894 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 15894 OF 2025

BETWEEN:

UBAID B. S., S/O HAMEED B.S. AGED ABOUT 28 YEARS, R/ AT C.P.C COMPOUND, NEAR OLD BUS STAND, UPPINANGADY KASABA VILLAGE, PUTTUR TALUK, D.K-574241.

…PETITIONER

(BY SRI. MAHAMMAD ANWAR, ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA BY D.K WOMEN PS, REP BY THE S.P.P, HIGH COURT BUILDING, BANGALORE-560 001.

THASLIMA, D/O ANWAR AGED ABOUT 29 YEARS R/AT KARAYA HOUSE, KARAYA VILLAGE, BELTHANGADY TALUK, D. K-574 326.

…RESPONDENTS

(BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. PRANAV G. AMBEKAR, ADVOCATE FOR R2)

NC: 2025:KHC:52995 CRL.P No. 15894 of 2025

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THIS CRL.P FILED U/S 482 CR.P.C (U/S. 528 BNSS) PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN SC.NO.170/2023 ARISING OUT OF CR.NO.47/2022 REGISTERED BY D.K WOMEN P.S., FOR THE OFFENCES P/U/S 448,376(2)(n),506 OF IPC, U/S 67(A) OF I.T ACT, PENDING ON THE FILE OF HONBLE VI ADDL. DISTRICT JUDGE, MANGALORE.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner is seeking to quash the entire proceedings in S.C.No.170/2023 pending on the file of VI Additional District and Sessions Judge, Mangalore, D.K.

FIR is registered on a complaint lodged by the respondent No.2 in crime No.47/2022 of DK Women Police Station for the offence punishable under Sections 448, 376 and 506 of IPC and Section 67(A) of the Information Technology Act, 2008.

Charge sheet is filed for the offence punishable under Sections 448, 376(2)(n) and 506 of IPC and Section 67(A) of the Information Technology Act, 2008.

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In brief, it is the case of prosecution that the

accused by forcing and threatening that he will make the victims photos and audio viral, developed physical relationship with her and sent the photographs to her husband through whatsapp insisting him to give divorce to her.

An application is filed under Section 482 of Cr.P.C., wherein it is stated that the parties have settled all their differences and decided to close all the disputes. On the ground of settlement, the parties are seeking to quash the proceedings pending before the trial Court. Application is accompanied by the joint affidavit of the petitioner and respondent No.2./victim/de-facto complainant.

It is stated by respondent No.2 that the complaint was given in the spur of moment and under the influence and pressure of her parents. Now they have resolved all the misunderstandings and is legally married

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to the petitioner, hence, decided to close the dispute. It is

stated that the dispute arose out of personal misunderstandings and emotional circumstances and since they have reconciled and amicably settled all their differences, there remains no subsisting grievance between them.

It is also stated by respondent No.2 that there is no coercion, undue influence or force from anybody to file the affidavit and she has willfully given her consent to quash the proceedings pending in S.C.No.170/2023 on the file of the VI Additional District and Sessions Judge, Mangalore, D.K.

Petitioner and respondent No.2 are present before the Court. They are identified by their respective learned counsel. They have acknowledged the settlement and filing of the joint affidavit.

Respondent No.2/de-facto complaint submits that she is now legally married to the petitioner and has

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two minor children and in view of the settlement, she is not interested in proceeding with the case any further and she has no objection to quash the proceedings.

The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

The offences alleged are non compoundable in nature. However, respondent No.2 is now married to the

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petitioner and residing with him along with their minor children. She is a major and in view of the joint affidavit filed and the submission made before this Court, no purpose will be served in continuing the criminal proceedings against the petitioner. Hence, in the interest of justice, it is just and proper to quash the proceedings. Accordingly, the following:

ORDER

(i) Application is allowed and consequently,

the petition is allowed .

(ii) The entire proceedings in S.C.No.170/2023 pending on the file of VI Additional District and Sessions Judge, Mangalore, D.K are quashed.

(iii) I.A.No.1/2025 is disposed of.

Sd/(MOHAMMAD NAWAZ) JUDGE

List No.: 1 Sl No.: 8

NS CT:TSM