MR NITIN NOEL CRUZE @ NITHIN .C @ NITHIN NOYAL CROOJ vs. STATE BY

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NC: 2026:KHC:16822
CRL.P No. 5116 of 2023
C/W CRL.P No. 10839 of 2023

HC-KAR




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 24 DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 5116 OF 2023

C/W

CRIMINAL PETITION NO. 10839 OF 2023



IN CRL.P No. 5116/2023

BETWEEN:

1. SMT. NIRMALA B. K.,
W/O LATE CRUZE BOSCO
AGED ABOUT 57 YEARS
ND
R/AT NO.37/1, 2 CROSS
S.G.PALYA MAIN ROAD
VENKATESHWARA LAYOUT
BENGALURU – 560 029.

2. MS. JUANITA KAJOL CRUZE
D/O LATE CRUZE BOSCO
AGED ABOUT 24 YEARS
ND
R/AT NO.37/1, 2 CROSS
S.G.PALYA MAIN ROAD
VENKATESHWARA LAYOUT
BENGALURU – 560 029.
…PETITIONERS








Digitally signed
by SANJEEVINI
J KARISHETTY
Location: High
Court of
Karnataka

(BY SRI SUNIL KUMAR H, ADVOCATE)

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CRL.P No. 5116 of 2023
C/W CRL.P No. 10839 of 2023

HC-KAR


AND:

1.
STATE BY
ANNAPOORNESHWARI NAGAR
POLICE STATION
BENGALURU
REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.

2. SMT. SUSHMA S.,
D/O SIDDARAMAPPA H.TALAVARA
AGED ABOUT 28 YEARS
TH
R/AT NO.29, 5 ‘B’ CROSS
TH ND
8 BLOCK, NAGARBHAVI 2 STAGE
BENGALURU – 560 072.
…RESPONDENTS
(BY SRI B.N.JAGADESHA, ADDL. SPP FOR R1;
SRI B.N.SUNIL KUMAR, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE CHARGE SHEET IN C.C.NO.39334/2022 FILED BY
THE ANNAPOORNESHWARI NAGAR POLICE FOR THE OFFENCE
U/S 498A R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT ON
THE FILE OF THE V A.C.M.M., BANGALORE VIDE ANNEXURE-C.

IN CRL.P NO. 10839/2023
BETWEEN:
MR. NITIN NOEL CRUZE @ NITHIN C.,
@ NITHIN NOYAL CROOJ
LATE CRUZE BSCOI EKAR
AGED ABOUT 28 YEARS

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NC: 2026:KHC:16822
CRL.P No. 5116 of 2023
C/W CRL.P No. 10839 of 2023

HC-KAR


ND
RESIDING AT NO. 37/1, 2 CROSS
SG PALYA MAIN ROAD
VENKATESHWARA LAYOUT
BENGALURU – 560 029.
...PETITIONER
(BY SRI SUNIL KUMAR H., ADVOCATE)
AND:
1. STATE BY
ANNAPOORNESHWARI NAGAR
POLICE STATION
BENGALURU
REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.

2.
SMT. SUSHMA S.,
W/O NITHIN NOEL CRUZE
AGED ABOUT 28 YEARS
TH
R/AT NO.29, 5 ‘B’ CROSS
TH ND
8 BLOCK, NAGARBHAVI 2 STAGE
BENGALURU – 560 072.
...RESPONDENTS
(BY SRI B.N.JAGADESHA, ADDL. SPP FOR R1;
SRI B.N.SUNIL KUMAR, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO
QUASH THE CHARGE SHEET IN C.C.NO.39334/2022 FILED
BY THE ANNAPOORNESHWARI NAGAR POLICE FOR
OFFENCE P/U/S 498A, 34 OF IPC AND SEC. 3 AND 4 OF
TH
D.P. ACT, ON THE FILE OF 5 ACMM COURT, BANGALORE

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CRL.P No. 5116 of 2023
C/W CRL.P No. 10839 of 2023

HC-KAR


VIDE ANNEXURE-C.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER
The petitioners – accused Nos.1 to 3 in both the petitions,
are husband and his family members in are before this Court
calling in question proceedings in C.C.No.39334/2022, pending
th
before the 5 Additional Chief Metropolitan Magistrate Court,
Bengaluru, for the offences punishable under Sections 498A
and 34 of the IPC and Sections 3 and 4 of the Dowry
Prohibition Act, 1961.
2. Learned counsel for the petitioners and respondent
No.2 in both the petitions, in unison submit that the parties to
lis
the have settled their matrimonial dispute amicably by
drawing up certain terms and conditions. Therefore, they are
before this Court seeking permission to compound the offences.
They have filed memorandum of applications under Section 320
r/w. 482 of the CPC read with Section 528 the BNSS, in both
the petitions, before this Court to that effect.

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CRL.P No. 5116 of 2023
C/W CRL.P No. 10839 of 2023

HC-KAR


3. The memorandum of application filed in
Crl.P.No.5116/2023 reads as follows:

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HC-KAR



6. It is submitted that both the parties are agreeing to
withdraw the allegations against each other and they
do not have any grievance, hatred, ill will against each
other and both want to move forward in their life
peacefully for the sake of goodness and happiness.

7. It is submitted that this Joint Memo of terms of
compromise is signed without any force, coercion or
threat and the same may be agreed and accepted by
this Hon'ble court.

WHEREFORE, it is most respectfully prayed that this
Hon'ble Court may kindly be pleased to accept the Joint
Memo of terms of compromise and allow the above
application in the interest of justice and equity.”


In the light of the fact that the parties have arrived at
settlement and since it is a marital dispute, I deem it
appropriate to accept the terms as afore-quoted and terminate
the proceedings against the petitioners, as the allegations are
not against the State.
5. For the aforesaid reasons, I pass the following:
ORDER

(i) The criminal petitions are disposed.

(ii) The proceedings in C.C.No.39334/2022, pending
th
before the 5 Additional Chief Metropolitan

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NC: 2026:KHC:16822
CRL.P No. 5116 of 2023
C/W CRL.P No. 10839 of 2023

HC-KAR


Magistrate Court, Bengaluru, impugned in both the
petitions, stand quashed.


Sd/-
(M.NAGAPRASANNA)
JUDGE





NVJ
List No.: 2 Sl No.: 96