Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:4041 CRL.P No. 549 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 549 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SACHIN P S/O PRAVEEN KUMAR AGED ABOUT 32 YEARS
2.
SMT. SUCHITRA W/O PRAVEEN KUMAR AGED ABOUT 52 YEARS
3.
PRAVEEN KUMAR S/O T.M. RAMAKRISHNAMURTY AGED ABOUT 60 YEARS
ALL ARE RESIDING AT NO.2, SHIVA PRASADA ALAYAMU MUNIKALLAPPA LAYOUT MARUTHI SEVANAGAR BANGALORE-560 033, KARNATAKA …PETITIONERS (BY SRI. OMAR SHARIFF, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY BANASAWADI POLICE BANGALORE
2.
SAHANA S D/O SHIVKUMAR AGED ABOUT 27 YEARS
Digitally signed by ANJALI M Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:4041 CRL.P No. 549 of 2025
R/AT GODAVARI NILAYA BABAJAN ROAD, OPP. FAIR PRICE SHOP CHAME GOWDA AREA OLD TOWN, BHADRAVATI SHIVOMOGA-577 301 …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1;
SMT. SAHANA S, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS 1-3 IN CRIME NO.529/2023 AND ON THE FILING OF CHARGE SHEET IN CC.NO.60495/2024 PENDING BEFORE LEARNED XI ACJM, BENGALURU CITY FOR THE OFFENCES P/U/S 489A, 506 R/W 34 IPC AND 3 AND 4 OF D.P ACT.
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, petitioners have sought for the following relief:-
“WHEREFORE, it is prayed that this Hon'ble Court be pleased to quash the criminal proceedings against the petitioners 1 to 3 in Crime No.529/2023 and on filing of charge sheet in CC No.60495/2024 pending before learned XI ACJM, Bengaluru city for the offences punishable under Sections 498A, 506 r/w 34 of IPC and 3 and 4 of Dowry Prohibition Act, in the interest of justice.".
- 3 -
NC: 2025:KHC:4041 CRL.P No. 549 of 2025
2.
Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for 2nd respondent – complainant have filed a Memorandum of Settlement duly signed by 1st petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Memorandum of Settlement which reads as under:-
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005
The parties above named beg to submit as follows
1. The Petitioner and the 'respondent submit that the marriage between the Petitioner and the Respondent took place on August 18th 2021 at Badravathi, in accordance with Hindu customs and rites. The Petitioner submits that the said marriage between the above stated parties is an arranged marriage. The petitioner and the respondent resided in Bangalore preceding the said wedding. - 4 -
NC: 2025:KHC:4041 CRL.P No. 549 of 2025
2. The petitioner states that he is working as Business Partner at Target Corporation, Bangalore and the respondent is working as System Engineer at Infosys, Bangalore. 3. The petitioner and the respondent resided in Bangalore preceding the said wedding. 4. The above stated parties state that due to certain misunderstanding the respondent and the petitioner resided separately for a year and a half. 5. The petitioner has filed a divorce case in MC.512/2023 seeking dissolution of the above stated marriage and the respondent has filed a complaint against the petitioner before the Bhadravati police, which has been transferred to Bangalore and was registered by the Banaswadi police in crime. no. 529/23. 6. The above stated parties further state that with timely intervention of common friends and relatives of both the parties, the above stated petitioner and the respondent came to a consensus to reconcile their differences and have decided to reside together on the following agreed terms and conditions:
a. The petitioner and the respondent withdraw all allegation made by them respectively against each other and in future, shall not make/recall allegation made
- 5 -
NC: 2025:KHC:4041 CRL.P No. 549 of 2025
against each other in their respective petitions/complaints and shall strive to build a strong bond between themselves.
b. The respective families of both the petitioner and the respondent shall not interfere in the daily lives of the petitioner and the respondent and shall not influence either of them in any manner. c. The respondent herein shall reside with the petitioner from this day onwards and resume her matrimonial duties. d. The respondent with the intent of building a strong bond between the petitioner and herself, the respondent shall visit her parental home three times a year for 3-4 days on each occasion, post 6 months from the date of reunion as they were separated for more than 1-1/2 years. The respondent's family can also visit her in Bangalore with prior intimation to the petitioner and respondent. e. The petitioner and the respondent shall withdraw/assist in withdrawing the above mentioned cases filed by them respectively as per para 5 of supra. - 6 -
NC: 2025:KHC:4041 CRL.P No. 549 of 2025
7. That the present compromise deed is not being filed in collusion nor have either parties used force, fraud or undue influence to obtain the consent. In view of the aforesaid Settlement/agreement entered into between the parties, the Petitioner and the respondent pray that this Hon'ble Court be pleased to dispose the above said matter as settled in the interest of justice and equity."
4. In view of the aforesaid settlement entered into between the 1st petitioner and 2nd respondent, I pass the following:
ORDER (i) The petition is disposed of in terms of Memorandum of Settlement, dated 30.05.2024. (ii) The proceedings in C.C.No.60495/2024 (arising out of Crime No.529/2023 of 1st respondent – Police) registered for the offences punishable under Sections 489A, 506 r/w 34 of IPC, pending on the file of XI ACJM, Bengaluru City, insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE AP, List No.: 1 Sl No.: 28