- 1 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 1951 OF 2021 BETWEEN: MR. BOBIN THOMAS ABRAM S/O C.S. ABRAM AGED ABOUT 37 YEARS, R/A 10/1, 1ST CROSS, KARIYANA PALYANE LINGARAJAPURAM, ST. THOMAS TOWN, BENGALURU - 560 084 …PETITIONER (BY SMT. A. NANCY PRINCE, ADVOCATE (AB)) AND: 1. STATE BY HENNUR POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA 2. SMT. SOWMYA SREEDHAR W/O SRI. BOBIN THOMAS R/A NO.23, 2ND CROSS, KALYANA NAGARA POST, SHAKTI NAGAR, BABUSAPALYA RING ROAD, BENGALURU - 560 043 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI. MOHAMMED AZHAR AQUIB, ADVOCATE FOR R2 (AB)) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.51081/2021 IN FIR NO.285/2020 DATED 24.01.2021 FOR THE OFFENCE P/U/S 341, 323, 504, 506, 498A OF IPC, ON THE FILE OF THE XI ACMM, BANGALORE ANNEXURE-A TO C. Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 THIS CRL.P, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioner and respondent No.2 are absent. No representation even when the matter is passed over twice and again called in the afternoon session. 2. Learned counsel for the petitioner and respondent No.2 have filed the memo dated 27.01.2025 reporting settlement between the parties and seeking to pass suitable orders. 3. Learned counsel for the petitioner has filed IA No.1 of 2024 - compromise petition under Section 482 of Cr.PC which reads as under: "1. The Petitioner submits that he has been arrayed as an Accused in Crime No.285/2020, registered by the Hennur Police Station, Bangalore for the offences punishable under section 341, 323, 498(A) 504 & 506 IPC, as registered in CC No.51081/2021 pending before the XI A.C.M.M. Mayo Hall Unit, Bangalore. 2. The Petitioner and Respondent No.2 have now resolved their issue relating to the subject crime amicably on the advice of their relatives and well-wishers and as per - 3 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 the settlement arrived at in MC No.4269/2020 (divorce case DD-25/09/2023). The Respondent No.2 has received all her belongings that were in the possession and custody of the Petitioner and has no further claim against the Petitioner with regard to either any immovable or movable property. 3. The Respondent No.2 hereby expressly withdraws all the allegations made against the Petitioner in her complaint in Crime No.285/2020. Additionally the Petitioner has agreed not to prosecute/institute any Legal proceeding against the Respondent No.2 for damages or otherwise, for having implicated him in Crime No. 285/2020 registered as CC No.51081/2021 pending before the XI A.C.M.M. Mayo Hall Unit, Bangalore by allowing the above said petition. 4. The offences charged against the Petitioner are non- compoundable and therefore there is no alternative remedy to terminate the proceedings except by way of a trial. Therefore the Petitioner has approached this Hon'ble Court under section 482 Code of Criminal Procedure. The Petitioner submits that no other case has been filed or is pending before this Hon'ble High Court or any other Court seeking the relief sought in this petition. 5. The Parties to the above, pray that this Hon'ble Court maybe pleased to quash the proceedings in Crime No.285/2020 registered by the Hennur Police Station, Bangalore for the offences punishable under sections 341, 323, 498(A) 504 & 506 IPC registered as vide CC No. 51081/2021 on the file of the XI A.C.M.M., Mayo Hall, Bangalore, in the ends of Justice." - 4 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 4. Memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is filed in MC.4269/2020 on the file of the learned V Additional Principal Judge, Family Court, Bengaluru, which reads as under: "I. The Petitioner has filed this petition against the Respondent under Section 27 of the Special Marriage Act, for dissolution of her marriage with the respondent. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of Mediation, the petitioners along with their counsel were present and have resolved their dispute on the following terms and conditions: 1. The petitioner and the respondent are Hindus by religion and their marriage was solemnized and registered on 16th January 2009 under the Special Marriage Act, before the Registrar of Marriage Halasur, bearing marriage number HLS-S026-2008-09 stored in CD Number HLSM2. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately 25.09.2020. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce. 3. Both the parties state that they have two girl children born to them from this marriage, namely Tanasha Bobin aged about 13 years and Shanelle Bobin aged 10 years. - 5 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 4. The Petitioner and the Respondent have agreed that they shall be joint guardians and joint custodians of the minor children. The Petitioner and the Respondent further agree that the Respondent shall have the custody of the minor children on every Monday to Friday and the Petitioner will have the custody of the minor children every Saturday and Sunday. The Petitioner and the Respondent further agree the above arrangement can be swapped at anytime on mutual understanding, considering the difficulties and other reasons of one party and which is subject to acceptance by other party. 5. The Petitioner and the Respondent agree that if any one of them relocates outside Bangalore, after consulting with the minor children and other party, and keeping in the best interest of their children, the parties will jointly decide about the possibilities of the relocation of the daughter/daughters (subject to consent of the child and other party). However, while deciding so, the parties must consider the welfare and wellbeing of the daughter/s and paramount consideration must be given to the daughter/s future and life. In such case, wherever the daughter/s relocated along with father or mother, such party must accommodate and facilitate other party to speak with the daughter/s over phone, skype, whatsapp etc., 6. The Petitioner and the Respondent agree that they shall have the custody of the minor children equally on all their vacations. The Petitioner and the Respondent agree that while doing so, the children's tuitions, extra classes (for 10th or PUC) and other activities will be considered and either party should not cause inconvenience to the daughter/s for their personal motive or whatever be the reason. Both parties should consider and respect the future and well-being of the children instead of spending time with them and wasting their precious time of education. 7. The Petitioner and the Respondent agree that if either of the parties get remarried or relationship in nature of marriage, the custody arrangement of the minor children mentioned supra shall be revisited and due consideration shall be paid to the wishes of the children. - 6 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 8. Both the Petitioner and the Respondent agree that all the expenses of the minor children, including educational expenses, tuition fees, expenses incurred due to extra-curricular activities, etc. shall be borne equally by both of them. The day to day expenses of the minor children shall be taken care of by the Petitioner when the children are in his custody and the Respondent when they are in her custody. The Petitioner and the Respondent agree that in the event of any health issue or any other scenario where there arises a financial constraint for either parties in providing financial assistance for the children, the parent with the best financial capacity shall pay for the same. The Petitioner and the Respondent agree that all expenses shall be borne equally irrespective of whether either of the parties are remarried or relationship in nature of marriage with another person. The Petitioner and the Respondent further agree that if one of them relocates outside Bangalore without the minor children, the party having the custody of the minor children shall take care of all day-to-day expenses, extra-circular expenses and other incidental expenses and the other parent shall take care of the entire educational and medical expenses. 9. The Petitioner and the Respondent agree that both of them are the Joint Owners in respect of residential flat bearing number No.76, @ Blessed Assurance Apartment, Flat No. F-2, Dodda Gubbi Main Road, Kyasanahalli, Kothanur Post, Bangalore - 560 077. Both the parties agree that the said flat shall be sold on or before 30th December 2024 (if either one party is ready to buy, they can do so instead of selling to third person). The amount received by way of such sale consideration after deduction of applicable taxes, if any, shall be divided equally and shall keep the amount in two fixed deposit in the name of each child, in any reputed bank with the Petitioner and the Respondent as joint guardians of the said FDs. The parties agree that the said fixed deposit will be utilized for the children for their further studies, either in India or abroad, and other expenses that may be incurred on attaining majority. If one or both the parents are going through a financial constraint and is unable to pay for the minor children's education, then the Petitioner and the Respondent shall have the liberty to break the said FDs - 7 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 and use the same for the expenses relating to the minor children. 10.The Respondent has filed a complaint against the under Section 498-A and other sections of the IPC, which is registered and pending before the Hon'ble C.C. No. 51081 / 2021, seeking quashing / closing of the said proceedings, the Petitioner has filed Criminal Petition No. 1951 / 2021 under Section 482 of Cr.P.C. pending before the Hon'ble High Court of Karnataka, Bengaluru. In view of the settlement reached between the parties and in view of the understanding reached between the parties, the Respondent agrees that she will not press the Criminal Complaint. The Respondent agrees that in the event, the Petitioner moves the Criminal Petition before the Hon'ble High Court, the Respondent agrees that she will co-operate for disposal of the said case in light of this agreement. Both the Petitioner and the Respondent state that they have no other claims over the movable or immovable properties either at present or to be acquired in future. 12.Both the Parties herein state that there is no undue influence, force ог coercion in entering into this agreement from anyone or anything. 13.Both the parties herein agree that they will not interfere in each other's' lives and will not speak ill about each other in future. 14.Both the parties have withdrawn their allegations made against each other in the present proceedings without undue influence. Both parties agreed that in whatsoever manner none of the party should make any kind of rumours/allegations against other party. No one should take undue advantage of the present petition or any other cases to damage the reputation of other party. 15.The Parties are at liberty to take steps for execution of other party. this agreement in case of other party fails to adhere or comply with this settlement. - 8 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized and registered on 16th January 2009 under the Special Marriage Act, before the Registrar of Marriage Halasur, bearing marriage number HLS-S026-2008-09 stored in CD Number HLSM2, by granting a decree of divorce in terms of this agreement. IV. The parties will appear on 25.09.2023 before the Hon'ble Court for passing orders in terms of the agreement." 5. In paragraph No.10 of memorandum of settlement, there is reference to the present petition filed under Section 482 of Cr.PC and respondent No.2 undertaken not to press the criminal complaint and to co-operate in disposal of the case. However, neither the petitioner nor respondent No.2 nor their counsels are present before the Court. Taking into consideration the terms of the settlement, the same is accepted. 5. Satisfied with the terms of compromise between the parties, IA No.1 of 2024 is allowed. 6. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. - 9 - NC: 2025:KHC:3559 CRL.P No. 1951 of 2021 (ii) The FIR registered in Crime No.285/2020 of Hennur Police Station, pending in C.C.No.51081/2021 on the file of the learned XI Additional Chief Metropolitan Magistrate, Bangalore, for the offences punishable under Sections 341, 323, 504, 506 498A of IPC, is hereby quashed. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 17