Ms Subhra Porwal Vs State of Karnataka — Domestic Violence | Karnataka HC (2025)

Ms Subhra Porwal Vs State of Karnataka — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of the Joint Memo dated 20.01.2025; entire proceedings in C.C.No.32625/2021 (Sections 504 and 506 IPC, VII Addl.CMM, Bengaluru) quashed insofar as the petitioner/Accused No.1 is concerned.

Issue for consideration

Whether the entire proceedings in C.C.No.32625/2021 (in Crime No.43/2021 of Kodigehalli P.S., arising out of PCR No.4262/2021), registered for offences punishable under Sections 504 and 506 IPC and pending before the VII Addl.C.M.M., Bengaluru, ought to be quashed in view of the amicable settlement recorded in the Joint Memo dated 20.01.2025 between the petitioner (Accused No.1) and respondent No.2 (complainant).

Court's answer

In view of the settlement entered into between the petitioner and respondent No.2, the petition is disposed of in terms of the Joint Memo dated 20.01.2025 recording their mutual amicable settlement and reciprocal withdrawal undertakings.

Ratio / Principle

The proceedings in C.C.No.32625/2021 (arising out of Crime No.43/2021 of respondent No.1-Police), registered for offences punishable under Sections 504 and 506 IPC and pending on the file of the VII Addl.CMM, Nrupathunga Road, Bangalore, are quashed insofar as the petitioner is concerned.

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. by accused No.1 (Ms Subhra Porwal) seeking quash of the entire proceedings in C.C.No.32625/2021 (Crime No.43/2021 of Kodigehalli P.S., arising out of PCR No.4262/2021) for offences punishable under Sections 504 and 506 IPC, pending before the VII Addl.CMM, Bengaluru. Pending orders, the petitioner and respondent No.2 (complainant, Ms Neelam Manchanda) filed a Joint Memo dated 20.01.2025, duly signed by the parties and counsel and admitted in Court, recording an amicable settlement with reciprocal undertakings: the petitioner to withdraw Crl. Misc Petition No.2906/2021 (73rd Addl. Civil Judge JD-1, Kanpur) and C.C.No.4458/2021 (27th CJM, Kanpur); respondent No.2 to withdraw C.C.No.32625/2021, Crl. Misc. No.68/2020 (S.12, Domestic Violence Act, filed 04.08.2020) and Crl. Appeal No.799/2020 (all MMTC VI, Bengaluru), with mutual promises of non-interference and no future proceedings. Holding: petition disposed of in terms of the Joint Memo, and the proceedings in C.C.No.32625/2021 quashed insofar as the petitioner is concerned (S.R. Krishna Kumar J., 20.01.2025).

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NC: 2025:KHC:2253 CRL.P No. 2671 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2671 OF 2024 (482(Cr.PC) / 528(BNSS)

BETWEEN:

MS SUBHRA PORWAL D/O SHEEL PORWAL, AGED ABOUT 28 YEARS, R/AT KRISHNA NAGAR KANPUR 208001 UTTAR PRADESH.

…PETITIONER

(BY SRI. SUHAS.G, ADVOCATE)

AND:

STATE OF KARNATAKA THROUGH KODIGEHALLI P S YELAHANKA SUB DVN, BENGALURU CITY REPRESENTED BY TH SPP HIGH COURT OF KARNATAKA BENGALURU 560 001.

Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

SMT NEELAM MANCHANDA W/O SURESH MANCHANDA, AGED ABOUT 67 YEARS, OCC: HOUSEWIFE, R/AT NO A509, STERLING PARK APARTMENT, KODIGEHALLI MAIN ROAD, BENGALURU – 560 092.

…RESPONDENTS

(BY SMT. M.M. WAHEEDA, HCGP FOR R-1 SRI. SHIVANANDA.D.S, ADVOCATE FOR R-2)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.32625/2021 (IN CR.NO.43/2021 OF KODIGEHALLI P.S., ARISING OUT OF PCR.NO.4262/2021) REGISTERED FOR THE OFFENCE P/U/S 504 AND 506 OF IPC, PENDING ON THE FILE OF VII ADDL.C.M.M., BENGALURU.

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NC: 2025:KHC:2253 CRL.P No. 2671 of 2024

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

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner has sought for the following relief:-

“Wherefore, the Petitioner herein who has been arraigned as Accused No.1 prays that Hon’ble Court may be pleased to Quash the entire proceedings in C.C.No.32625/2021 (in Cr.No.43/2021 of Kodigehalli PS – Arising out of PCR No.4262/2021) registered for the offences punishable under section 504 and 506 of the IPC, 1860, pending on the file of the Learned VII Additional Chief Metropolitan Magistrate, Bengaluru.”

Learned counsel for the petitioner – accused No.1 and learned counsel for 2^nd respondent – complainant have filed a Joint Memo dated 20.01.2025 duly signed by the petitioner, 2^nd respondent and their respective counsel and the same is taken on record.

Petitioner – accused No.1 and his counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the aforesaid Joint Memo, which reads as under:-

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NC: 2025:KHC:2253 CRL.P No. 2671 of 2024

“The Petitioner and Respondent No.2, with utmost respect, jointly submit before this Hon’ble Court that they have mutually resolved their disputes and reached an amicable settlement. The terms of the settlement, as agreed upon by both parties, are as follows:

1. The petitioner agrees to immediately withdraw the proceedings initiated in Crl. Misc Petition No. 2906/2021 pending before the Learned 73^rd Additional Civil Judge (Junior Division)-1, Kanpur, Uttar Pradesh. The Petitioner further undertakes to withdraw the proceedings in C.C.No.4458/2021 pending before the Learned 27^th Chief Judicial Magistrate, Kanpur, Uttar Pradesh.

2. Respondent No.2 agrees to withdraw the proceedings initiated in C.C.No. 32625/2021 pending before the Learned VII Chief Judicial Magistrate, Bengaluru, Karnataka, filed on 24.11.2021 under Sections 504 and 506 of the Indian Penal Code. Additionally, Respondent No.2 undertakes to withdraw the proceedings initiated in Crl. Misc. No.68/2020 pending before the Learned MMTC VI, Bengaluru, Karnataka, filed on 04.08.2020 under Section 12 of the Domestic violence Act. Respondent No.2 also agrees to withdraw the proceedings in Crl. Appeal No. 799/2020 pending before the Learned MMTC VI, Bengaluru, Karnataka.

3. Both parties mutually agree to abide by the terms of the settlement, acknowledging that this resolution is final and binding, and encompasses all disputes arising between them. The parties affirm that the settlement has been entered into voluntarily, without any coercion, undue influence, or

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NC: 2025:KHC:2253 CRL.P No. 2671 of 2024

pressure, and they have no further claims against each other related to the subject matter of these proceedings.

4. In light of the above, the Petitioner and Respondent No. 2 jointly request this Hon’ble court to quash proceedings in C.C.No.32625/2021 pending before the Learned VII Chief Judicial Magistrate, Bengaluru, Karnataka, in the interest of justice, equity, and harmony.

5. Both the parties herein submit that, both the parties, their relatives, friends or anybody related to them will not interfere or intervene in reach other’s walk of life at any time in future and each one of them is free to lead life as per their individual choice.

6. Both the parties are withdrawing allegations made against each other leading to eh several proceedings before different forums in view of amicable settlement arrived at, between the parties.

7. The parties also undertake to file necessary applications for the withdrawal of their respective proceedings in the concerned courts within 30 days from the date of this Joint Memo or as directed by this Hon’ble court.

8. Both the parties undertake not to file any criminal complaint of initiate any other proceedings as against each other, in the future.

PRAYER

Wherefore, the Petitioner and Respondent No.2 respectfully pray that this Hon’ble Court may be pleased to:

1. Record the amicable settlement arrived at between the parties;

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NC: 2025:KHC:2253 CRL.P No. 2671 of 2024

2. Quash the proceedings in C.C.No.32625/2021 pending before the Learned VII Chief Judicial Magistrate, Bengaluru, Karnataka;

3. Pass such other orders as deemed fit and proper in the interest of justice and equity.

The parties submit that this settlement fosters harmony and aligns with the principles of justice, serving their best interests and conserving judicial resources.”

In view of the aforesaid settlement entered into between

the petitioner and 2^nd respondent, I pass the following:

ORDER

(i) Petition is disposed of in terms of the Joint Memo dated 20.01.2025.

(ii) The proceedings in C.C.No.32625/2021 (arising out of Crime No.43/2021 of 1^st respondent – Police) registered for the offences punishable under Sections 504 and 506 of IPC, pending on the file of VII Addl.CMM, Nrupathunga Road, Bangalore, insofar as the petitioner is concerned are hereby quashed.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

Srl. List No.: 4 Sl No.: 2