Allowed¶58

Mr.Dheeraj Gowda v. the State of Karnataka

Karnataka HC26 Nov 2025CRL.P/9739/2025

Case brief

AI extract

What is this about?

Karnataka High Court quashes S.C. No.53/2025 (VI Addl. District & Sessions Judge, Mangaluru) for offence under Section 69 BNS 2023 — physical relationship allegedly induced on false pretext of marriage, arising from Crime No.119/2024 of Mangalore Women Police Station — despite the offence being non-compoundable, on the basis of an amicable settlement between accused and defacto complainant and her no objection, exercising inherent power under Section 528 BNSS 2023 (petition filed under S.482 Cr.P.C / S.528 BNSS); CRL.P No. 9739 of 2025, Justice Mohammad Nawaz, 26-11-2025, NC: 2025:KHC:49225.

What did the court decide?

Entire proceedings in S.C. No.53/2025 on the file of the Court of VI Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, quashed; IA No.1/2025 disposed of. ¶58

Mr.Dheeraj Gowda Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings in S.C. No.53/2025 on the file of the Court of VI Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, quashed; IA No.1/2025 disposed of.

¶58

Issue for consideration

Whether the entire proceedings in S.C. No.53/2025, pending on the file of the VI Additional District and Sessions Judge, Mangaluru, for the offence punishable under Section 69 of BNS, 2023 (arising out of Crime No.119/2024 of Mangalore Women Police Station), should be quashed. +1 more

¶21

Court's answer

Petition is allowed; the entire proceedings in S.C. No.53/2025 on the file of the Court of VI Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, are quashed, and IA No.1/2025 is disposed of.

¶58

Ratio / Principle

Even though the offence alleged is non-compoundable in nature, in view of the amicable settlement arrived at by the parties — respondent No.2 being a major aged about 23 years and having no objection to quashing — no purpose will be served in continuing the proceedings pending before the trial Court; hence the inherent power of the Court vested under Section 528 of BNSS, 2023 can be exercised to quash the proceedings.

¶55

Detailed headnote1 paragraphs

Criminal Petition No. 9739 of 2025, filed under Section 482 of Cr.P.C. (Section 528 of BNSS, 2023), by the accused seeking quashing of the entire proceedings in S.C. No.53/2025 pending before the VI Additional District and Sessions Judge, Mangaluru (D.K.), for the offence punishable under Section 69 of BNS, 2023, arising out of Crime No.119/2024 of Mangalore Women Police Station, wherein the second respondent alleged that the petitioner, on the false pretext of marriage, developed physical relationship with her and then refused to marry, thereby cheating her. After the police chargesheet, the petitioner and respondent No.2 filed a joint application under Section 528 of BNSS, 2023 stating that they had amicably settled their differences and decided to close all disputes once and for all, that the settlement was voluntary, genuine and free from coercion or undue influence, and that respondent No.2, the defacto complainant, had no objection to quashing. Both parties were present before the Court and identified by counsel; respondent No.2, admittedly a major aged about 23 years, through her counsel stated she had no objection to quashing. Holding that although the offence alleged is non-compoundable, no purpose would be served in continuing the proceedings in view of the amicable settlement, the Court exercised its inherent power under Section 528 of BNSS, 2023 and quashed the entire proceedings in S.C. No.53/2025; IA No.1/2025 was disposed of. Oral order of Mohammad Nawaz, J., dated 26 November 2025 (NC: 2025:KHC:49225).

¶1

¶2

NC: 2025:KHC:49225 CRL.P No. 9739 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9739 OF 2025 (482(Cr.PC) / 528(BNSS))

¶7

BETWEEN:

¶8

MR. DHEERAJ GOWDA S/O BALAKRISHNA GOWDA, AGED ABOUT 22 YEARS, R/AT 8-187/5, SHRI LAKSHMI HOUSE, PANGALA, DHARMASTHALA, BELTHANGADY, D.K - 574 216.

¶9

…PETITIONER

¶10

(BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE)

¶11

AND:

¶12

Digitally signed by LAKSHMI T Location: High Court of Karnataka

¶13

THE STATE OF KARNATAKA BY MANGALORE WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

¶14

KUMARI BHOOMIKA AGED ABOUT 23 YEARS D/O LATE SHANKARA R/AT V.N.S HOSTEL, PUMPWELL, KANKANADY, MANGALURU - 575 002

¶15

…RESPONDENTS

¶16

(BY SRI. RAHUL RAI K, HCGP FOR R1;

¶17

SRI. RAJESH N, ADVOCATE FOR R2; SPP SERVED)

¶18

THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE

¶19

2 - NC: 2025:KHC:49225 CRL.P No. 9739 of 2025

¶20

HC-KAR

¶21

PETITIONER IN SC.NO.53/2025, PENDING ON THE FILE OF THE HONBLE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANGALURU, D.K., FOR THE OFFENCE P/U/S 69 OF BNS, 2023, ARISING OUT OF CR.NO.119/2024 OF THE MANGALORE WOMEN P.S.

¶22

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

¶23

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶24

ORAL ORDER

¶25

Learned counsel Sri. Rajesh N has field vakalth for respondent No.2. The same is taken on record.

¶26

Petitioner is seeking to quash the entire proceedings in S.C. No.53/2025 pending on the file of the Court of 6^th Additional District and Sessions Judge, Mangaluru.

¶27

FIR registered in Crime No.119/2024 at

¶28

Mangaluru Women Police Station for the offence p/u/s 69 of BNS 2023. It is alleged by the second respondent that on the false pretext of marriage, petitioner developed physical relationship with her and then refused to marry and thereby cheated her.

¶29

¶30

NC: 2025:KHC:49225 CRL.P No. 9739 of 2025

¶31

HC-KAR

¶32

A joint application is filed by the petitioner and respondent No.2 which reads as under:

¶33

” JOINT APPLICATION FILED BY THE PETITIONER & RESPONDENT NO.02 UNDER SECTION 528 OF BNSS, 2023

¶34

The Petitioner & Respondent No.02 above named, humbly submits as under-

¶35

01. It is submitted that, the above criminal case has arisen out of a complaint registered in Crime No. 119/2024 of Mangalore Women Police Station for the offences punishable u/s 69 of BNS, 2023.

¶36

02. It is submitted that the police have filed a chargesheet and the matter is pending before the Hon'ble VI Addl. District & Sessions Judge, Dakshina Kannada, Mangaluru in SC No. 53/2025 for the offences punishable u/s 69 of BNS, 2023.

¶37

03. It is submitted that, The parties submit that they have amicably settled their differences and have decided to close all disputes between them once and for all.

¶38

04. It is submitted that, The 2nd Respondent / Defacto Complainant has no objection for quashing the criminal proceedings pending against the Petitioner in the above case.

¶39

05. It is submitted that, The parties further submit that the settlement is voluntary, genuine, and free from any coercion or undue influence.

¶40

06. It is submitted that, Therefore, the Petitioner and 2nd Respondent jointly request that this Hon'ble Court be pleased to record the fact of settlement and pass appropriate orders under Section 528 of the

¶41

¶42

NC: 2025:KHC:49225 CRL.P No. 9739 of 2025

¶43

HC-KAR

¶44

Bharatiya Nagarik Suraksha Sanhita, 2023, in the interest of justice tand equity.

¶45

WHEREFORE, the petitioners & 2nd respondent in the above Criminal Petition may kindly be pleased to allow the above application and consequently quash the proceedings against the Petitioner in SC No. 53/2025 pending on the file of the Hon'ble VI Addl. District & Sessions Judge, Mangaluru in the interest of justice ."

¶46

In the joint application, it is stated that she has no objection for quashing the criminal proceedings pending against the petitioner as they have amicably settled their differences and decided to close all disputes once and for all.

¶47

Petitioner and respondent No.2 are present

¶48

before the Court. They are identified by their counsel.

¶49

The learned counsel for respondent No.2 submits that in view of the settlement, respondent No.2 has no objection to quash the proceedings. Admittedly, respondent No2 is a major, aged about 23 years. Even though the offence alleged is non-compoundable in nature, in view of the amicable settlement arrived by the parties, wherein

¶50

¶51

NC: 2025:KHC:49225 CRL.P No. 9739 of 2025

¶52

HC-KAR

¶53

respondent No.2 has expressed that she has no objection

¶54

to quash the proceedings, no purpose will be served in continuing the proceedings pending before the trial Court. Hence, the inherent power of this Court vested under

¶55

Section 528 of BNSS, 2023 can be exercised to quash the proceedings. Accordingly, the following order

¶56

ORDER

¶57

Petition is allowed .

¶58

The entire proceedings in S.C. No.53/2025 on the file of the Court of VI Additional District and Sessions

¶59

Judge, Dakshina Kannada, Mangaluru, are quashed.

¶60

IA No.1/2025 is disposed of.