Smt. Abinaya Vs the Sub Inspector of Police. — Karnataka HC (2026) — LawSathi Research

Smt. Abinaya Vs the Sub Inspector of Police. — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed; proceedings in FIR No.440/2026 pending before the 11th ACMM Court, Mayo Hall, Bengaluru City, quashed qua the petitioner.

Issue for consideration

Whether the proceedings in FIR No.440/2026 (offences under Sections 118(1) and 352 of BNS, 2023) pending before the 11th ACMM Court, Mayo Hall, Bengaluru City, should be quashed in the Court's inherent jurisdiction in view of the joint compromise affidavit filed by the parties.

Court's answer

Since the joint compromise affidavit has been filed and the offences are not against the State, the Court deemed it appropriate to accept the compromise and terminate the proceedings against the petitioner in the subject petition.

Ratio / Principle

The Criminal Petition is disposed and the proceedings in FIR No.440/2026, pending before the 11th ACMM Court, Mayo Hall, Bengaluru City, stand quashed qua the petitioner.

Detailed headnote1 paragraphs

Karnataka HC (Bengaluru), CRL.P No. 9138 of 2026 (Justice M.Nagaprasanna, 16-07-2026): Petition filed under S.482 Cr.P.C / S.528 BNSS by Smt. Abinaya (accused-wife) seeking quashing of FIR No.440/2026 of Banaswadi Police Station (alleged offences under Ss.118(1) and 352, Bharatiya Nyaya Sanhita, 2023) pending before the 11th ACMM Court, Mayo Hall, Bengaluru. During pendency, the spouses — whose dispute arose on 04/06/2026 out of domestic anxieties, IVF treatment pressures and trivial matrimonial differences — filed a joint compromise affidavit stating that they had voluntarily, amicably and unconditionally settled all disputes, resumed cohabitation, and that Respondent No.2 (husband-complainant) had no grievance left and freely consented to quashing; the affidavit noted (as party submission) that the S.118(1) BNS offence is non-compoundable before the Trial Court, hence recourse to inherent powers under S.528 BNSS. Parties appeared and were identified by counsel. Holding that the offences are not against the State, the Court accepted the compromise and ordered: Criminal Petition disposed; proceedings in FIR No.440/2026 quashed qua the petitioner.

1 -

HC-KAR NC: 2026:KHC:36544 CRL.P No. 9138 of 2026

CNR: KAHC010427832026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9138 OF 2026

BETWEEN:

SMT. ABINAYA, W/O V. JAI SHANKAR, AGED ABOUT 30 YEARS, R/AT NO. 96, GROUND FLOOR, CHANDRA, 2ND MAIN ROAD, HAL 2ND STAGE, BENGALURU CITY, KARNATAKA - 560008.

…PETITIONER

(BY SRI. MANJUNATHA V, ADVOCATE) AND:

THE SUB INSPECTOR OF POLICE, BANASWADI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE-01.

Digitally signed by PADMAVATHI B K Location: High Court of Karnataka

V. JAI SHANKAR, S/O VIJAY KUMAR, AGED ABOUT 37 YEARS, R/AT NO. 605, 17TH CROSS, KSFC LAYOUT, LINGARAJAPURAM, BENGALURU CITY, KARNATAKA - 560084.

…RESPONDENTS

(BY SMT. WAHEEDA M.M, HCGP FOR R-1)

THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C TO QUASH THE FIR NO.440/2026 BANASWADI P.S., ON THE FILE OF HON’BLE 11th ACMM COURT, MAYO HALL, BENGALURU CITY FOR THE ALLEGED OFFENCES P/U/S 118(1), 352 OF BNS.

2 -

HC-KAR

NC: 2026:KHC:36544 CRL.P No. 9138 of 2026

CNR: KAHC010427832026

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question proceedings in FIR No.440/2026, pending before the 11^th ACMM Court, Mayo Hall, Bengaluru City, for the offences under Sections 118(1) and 352 of BNS, 2023.

Heard Sri.Manjunatha V, learned counsel appearing for the petitioner, Smt.Waheeda M.M, learned HCGP appearing for respondent No.1 and have perused the material on record.

During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint compromise affidavit. The said joint compromise affidavit reads as follows:

“1. We are the Petitioner/Accused and Respondent No.2/ Complainant respectively in the top-noted Criminal Petition and we are well conversant with the facts of the case.

We submit that we are legally wedded husband and wife. Due to certain domestic anxieties, IVF treatment

3 -

HC-KAR

NC: 2026:KHC:36544 CRL.P No. 9138 of 2026

CNR: KAHC010427832026

pressures, and sudden trivial matrimonial differences, a dispute arose between us on 04/06/2026. Out of temporary anger and emotional distress, Respondent No. 2 lodged a criminal complaint before the Respondent No. 1 Police. Based on the said complaint, the Respondent No. 1 Police registered a case against the Petitioner in Crime No.0440/2026 for offences punishable under Sections 118(1) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, now pending before the 11th Addl. CMM Court, Mayohall, Bangalore.

We further submit that subsequent to the registration of the FIR, elder family members, friends, and well-wishers intervened and counselled both of us. Realizing that the entire incident was an emotional outburst over domestic issues, we have voluntarily, amicably, and unconditionally settled all our disputes and misunderstandings.

We state that we have resumed our matrimonial relationship and are currently living together peacefully as husband and wife. We wish to secure our marital life and do not want any and pending criminal cases to jeopardize our future harmony.

Respondent No. 2 submits that he has no grievance left against the Petitioner and does not wish to prosecute the Petitioner in Crime No. 0440/2026 anymore. Respondent No. 2 has absolute, free consent to quash the entire criminal proceedings pending against the Petitioner.

We jointly state that this compromise has been arrived at out of our own free will, without any force, fraud, coercion, or undue influence from any corner.

We understand that the offences under Section 118(1) of BNS are non-compoundable before the Trial Court, which has necessitated our approach to this Honourable Court to invoke its inherent powers under Section 528 of the BNSS to meet the ends of justice.

WHEREFORE, we most respectfully pray that this Honourable Court may be pleased to take this Joint Compromise Affidavit on record, allow the accompanying Criminal Petition, and quash the entire proceedings against

4 - NC: 2026:KHC:36544 CRL.P No. 9138 of 2026

HC-KAR

CNR: KAHC010427832026

the Petitioner in Crime No.0440/2026 registered by Banaswadi Police Station, in the interest of justice and equity.”

4. The parties to the lis are present before the Court

and are identified by their respective counsels.

In the light of joint compromise affidavit as quoted

supra being filed and offences not being against the State, I deem it appropriate to accept the same and terminate the

proceedings against the petitioner in the subject petition.

For the aforesaid reasons, the following:

ORDER

[I] Criminal Petition is disposed .

[II] Proceedings in FIR No.440/2026, pending before the 11^th ACMM Court, Mayo Hall, Bengaluru City, stands quashed qua the petitioner.

Sd/(M.NAGAPRASANNA) JUDGE

CBC

List No.: 3 Sl No.: 1