- 1 - HC-KAR NC: 2025:KHC:22369 CRL.P No. 1869 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1869 OF 2025 BETWEEN: 1. M.A.M.GANESH, S/O LATE M.A.MURUGAN, AGED ABOUT 30 YEARS, R/O OLD NO. 97/2, NEW NO. 215/2, VENKATACHALAM STREET, MYALAPORE, CHENNAI – 600 004, TAMIL NADU. 2. DEVASENA MURUGAN, W/O LATE M.A.MURUGAN, AGED ABOUT 49 YEARS, R/O OLD NO. 97/2, NEW NO. 215/2, VENKATACHALAM STREET, MYLAPORE, CHENNAI – 600 004, TAMIL NADU. 3. ASHWIN ELANGOVAN, S/O LATE M.A.MURUGAN, AGED ABOUT 27 YEARS, R/O OLD NO. 97/2, NEW NO. 215/2, VENKATACHALAM STREET, MYLAPORE, CHENNAI – 600 004, TAMIL NADU. 4. ELANGOVAN N., S/O LATE NAGAPPAN, AGED ABOUT 73 YEARS, R/O 59, OLD NO.17, CANAL BANK ROAD, RAJA ANNAMALAIPURAM, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22369 CRL.P No. 1869 of 2025 TAMIL NADU, CHENNAI – 600 028. 5. S.NAGAPPAN, S/O N.SAMINATHAN, AGED ABOUT 43 YEARS, R/O 59, CANAL BANK ROAD, 2ND FLOOR, RAJA ANNAMALAIPURAM, TAMIL NADU, CHENNAI – 600 028. 6. R.ARUNACHALAM, S/O LATE A.R.RADHAKRISHNAN, AGED ABOUT 52 YEARS, R/O 746, INDIRANAGAR, FIRST STAGE, SRI KRISHNA TEMPLE ROAD, BENGALURU – 560 038. 7. ARUNACHALAM VISHALAKSHI, W/O R.ARUNACHALAM, AGED ABOUT 48 YEARS, R/O 746, INDIRANAGAR, FIRST STAGE, SRI KRISHNA TEMPLE ROAD, BENGALURU – 560 038. …PETITIONERS (BY SRI SANDESH J.CHOUTA, SENIOR ADVOCATE FOR SRI VIKRAM UNNI RAJAGOPAL, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, WOMEN POLICE STATION, EAST ZONE, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, - 3 - HC-KAR NC: 2025:KHC:22369 CRL.P No. 1869 of 2025 BENGALURU – 560 001. 2. SWARNA W/O M.A.M.GANESH, AGED ABOUT 27 YEARS, NO.002, INDUS VOGUE APARTMENT, 1ST MAIN ROAD, VENKATAREDDY LAYOUT, KORAMANGALA 6TH BLOCK, BENGALURU – 560 095, KARNATAKA. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SMT. MELANIE SEBASTIAN, ADVOCATE FOR SMT. RENY SEBASTIAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED 22.09.2022 LODGED BY COMPLAINANT (ANNEXURE-B) AND THE FIR DATED 22.09.2022 IN CR.NO.0163/2022 (ANNEXURE- A) REGISTERED BY RESPONDENT NO.1 EAST ZONE WOMEN POLICE AND ALL FURTHER PROCEEDINGS PURSUANT THERETO IN C.C.NO.27226/2023 PENDING ON THE FILE OF THE XI ADDL. CMM, BENGALURU IN RELATION TO OFENCES U/S 498A, 323, 324, 307, 420, 504, 506, 34 OF IPC R/W SEC. 3 AND 4 OF D.P. ACT, 1964 AND ETC., THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.27226/2023 pending on the file of the XI - 4 - HC-KAR NC: 2025:KHC:22369 CRL.P No. 1869 of 2025 ADDL. CMM, Bengaluru, in relation to offences under Sections 498A, 323, 324, 307, 420, 504, 506, 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri.Sandesh J Chouta, learned Senior Counsel for Sri.Vikram Unni Rajagopal, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, Addl. SPP for respondent No.1, Smt.Melanie Sebastian, learned counsel for Smt.Reny Sebastian, learned counsel for respondent No.2 and have perused the material on record. 3. Learned counsel for the petitioners and respondent No.2 in unison submit that the parties to the lis were before the concerned Court and have decided to obtain a decree of divorce by mutual consent by filing a Joint Memorandum of Compromise, drawing up certain terms and conditions. One of the conditions of the settlement also recognizes the closure of the present proceedings. They have also filed an application – I.A.No.2/2025 under Section 320 r/w Section 482 of the Cr.P.C. along with affidavits of both parties, before this Court to that effect. - 5 - HC-KAR NC: 2025:KHC:22369 CRL.P No. 1869 of 2025 4. The terms and conditions set out in Joint Memorandum of Compromise, which is reiterated in application – I.A.No.2/2025 reads as follows: “7. It is submitted that the Petitioners and Complainant/Respondent No.2, through mutual understanding and agreement, resolved all their disputes and executed a Joint Memorandum of Compromise dated 07.02.2024 enumerating the following terms amongst others: 1. The First Party undertakes to co-operate in filing of the quash petition before the Hon'ble High Court of Karnataka in quashing the FIR in Crime No. 163/2022 of Shivajinagar East Zone Women Police Station and subsequent charge sheet dated 19/10/2023 in C.C.No. 27226/2023 pending on the file of the VI Addl. Chief Metropolitan Magistrate, Bengaluru for alleged offences under Sections 498A, 323, 324, 307, 420, 504, 506, 34 of IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961. 2. The Parties of First, Second and Third Part hereby assure that apart from the above complaint, no other complaints are either lodged or pending before any Authority/Forum/Court/Tribunal, etc., against the Parties of the Fourth to Tenth part. Similarly, the Parties of the Fourth to tenth Part assure that no other complaints are either lodged or pending before any Authority/Forum/Court/Tribunal, etc., against the Parties of the First to Third part. 3. The Party of the Fourth part agrees to co-operate in the closure of the complaints lodged against the First, Second and Third Party at Koramangala Police Station, Bengaluru and at Mylapore Police Station in Tamil Nadu. 4. The Party of the Fourth part has agreed to pay a sum of Rs.2,00,00,000/- (Rupees Two Crore Only) towards permanent alimony/ compensation/ damages/ expenses etc., which shall be paid in two equal installments. The first instalment of Rs.1,00,00,000/- (Rupees one crore only) shall be paid before the Hon'ble High Court of Karnataka while quashing the case in Crime - 6 - HC-KAR NC: 2025:KHC:22369 CRL.P No. 1869 of 2025 No.163/2022 of Shivajinagar East Zone Women Police Station and subsequent charge sheet dated 19/10/2023 in C.C.No. 27226/2023 pending on the file of the VI Addl. Chief Metropolitan Magistrate, Bengaluru for alleged offences under Sections 498A, 323, 324, 307, 420, 504, 506, 34 of IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961, and the second Instalment of Rs.1,00,00,000/- (Rupees one crore only) shall be payable before the Family Court during the second motion for closure of the above petition. 5. Both the Party of the First Part and Party of the Fourth Part shall refrain from lodging any complaint or initiating any legal proceedings against each other for the dispute that has arisen as above, before any Forum. In view of the settlement arrived at between the parties, the Complainant/Respondent No.2 agreed that upon the Petitioners challenging the proceedings in C.C. No. 27226/2023 pending on the file of the XI ACMM, Bengaluru before this Hon'ble Court, she would extend full cooperation in this regard. 8. The Petitioners hereby withdraw all allegations made against the Second Respondent and her family members in the Quash Petition and before all fora as well as in all complaints, notices and replies. 9. The Second Respondent hereby withdraws all allegations made against the Petitioners before all fora as well as in all complaints, notices and replies. 10. Since the case pertains to certain offences which are non-compoundable, the parties have approached this Hon'ble Court seeking quashing of the impugned proceedings. 11. The Disputes between the Petitioners and the Respondent No.2 have been amicably resolved and it is on that basis that the Respondent No.2 has agreed to the quashing of the proceedings in C.C No.27699/2023 pending on the file of the XI Additional Chief Metropolitan Magistrate, at Bangalore. Wherefore the Petitioners and the Second Respondent humbly pray, that this Hon'ble Court be pleased to consider the circumstances of the Compromise - 7 - HC-KAR NC: 2025:KHC:22369 CRL.P No. 1869 of 2025 between the Petitioners and the Respondent No.2 and quash the Proceedings in C.C.No.27699/2023 pending on the file of the XI Additional Chief Metropolitan Magistrate, at Bangalore, as prayed for in the Petition, in the interest of Justice” 5. In furtherance of the settlement between the parties, the petitioner-husband has handed over two demand drafts of `1,00,00,000/- (Rupees One Crore only), each to the respondent No.2-wife, who is present before this Court and acknowledges such receipt and also hands over mobile phone. 6. Though the offences alleged against the petitioners in the case at hand inter alia is one punishable under Sections 498A, 504 and 506 of the IPC, since it is a marital dispute between the husband and wife and now, they have arrived at settlement and parted their ways, I deem it appropriate to accept the application and the affidavits and terminate the proceedings against the petitioners, as the allegations are not against the State. 7. For the aforesaid reasons, I pass the following: - 8 - HC-KAR NC: 2025:KHC:22369 CRL.P No. 1869 of 2025 ORDER (i) The criminal petition is disposed. (ii) The proceedings in C.C.No.27226/2023 pending on the file of the XI ADDL. CMM, Bengaluru, in relation to offences under Sections 498A, 323, 324, 307, 420, 504, 506, 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 55 CT:SS