- 1 - HC-KAR NC: 2025:KHC:23347 CRL.RP No. 809 of 2021 C/W CRL.RP No. 25 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 809 OF 2021 C/W CRIMINAL REVISION PETITION No. 25 OF 2022 IN CRL.RP No. 809/2021 BETWEEN: AMRUT A KULKARNI S/O ANAND N KULKARNI R/AT No. 127, BHEL LAYOUT KENCHENAHALLI RAJARAJESHWARI NAGAR BENGALURU – 560 098. …PETITIONER (BY SRI S SREEKANTHA, ADVOCATE) AND: SMT. RASHMI HONGUNTI AGED ABOUT 35 YEARS W/O AMRUT A KULKARNI R/AT No. H103, MANTRI ALPYNE UTTARALLI MAIN ROAD BANASHANKARI, 5TH STAGE BENGALURU – 560 061. …RESPONDENT (BY SMT. ASHIKA GURUMATH, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23347 CRL.RP No. 809 of 2021 C/W CRL.RP No. 25 of 2022 THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE COMMON JUDGMENT AND ORDER PASSED IN CRL.A.No.84/2020 AND CRL.A.No.205/2020 DATED 17.06.2021 (WRONGLY TYPED AS 17.07.2020 IN OPERATIVE PORTION OF ORDER PASSED BY THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN CONFIRMING AND MODIFYING THE ORDER DATED 20.12.2019 PASSED IN CRL.MISC.No.104/2019 BY THE METROPOLITAN MAGISTRATE TRAFFIC COURT-III BENGALURU AND ETC., IN CRL.RP No. 25/2022 BETWEEN: AMRUT A KULKARNI AGED 40 YEARS S/O ANAND N KULKARNI R/AT No.127, BHEL LAYOUT KENCHENAHALLI RAJARAJESHWARI NAGARA BENGLAURU – 560 098. ...PETITIONER (BY SRI K S SREEKANTHA, ADVOCATE) AND: SMT. RASHMI HONGUNTI AGED ABOUT 35 YEARS W/O AMRUT A KULKARNI R/AT No. H103, MANTRI ALPYNE UTTARAHALLI MAIN RAOD BANASHANKARI 5TH STAGE BENGALURU – 560 061. ...RESPONDENT (BY SMT. ASHIKA GURUMATH, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT - 3 - HC-KAR NC: 2025:KHC:23347 CRL.RP No. 809 of 2021 C/W CRL.RP No. 25 of 2022 AND ORDER PASSED IN CRL.A.No.84/2020 DATED 17.06.2021 (WRONGLY TYPED AS 17.07.2020 IN OPERATION PORTION OF ORDER) PASSED BY THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH-67) AND ALSO SET ASIDE THE ORDER DATED 20.12.2019 PASSED IN CRL.MISC.No.104/2019 BY THE METROPOLITAN MAGISTRATE TRAFFIC COURT III BENGALURU AND ETC., THESE PETITIONS COMING ON FOR FURTHER ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. Petitioner and his learned counsel are present. 2. Respondent and her counsel are present. 3. Matter between petitioner and respondent has been settled before the Mediation Centre under agreement dated 25.04.2025. Memorandum of settlement recorded before the Mediation Centre contains the following terms: “1. The petitioner has agreed to pay a total sum of Rs 25,00,000/- (Rupees Twenty Five Lakhs Only) to the respondent. The said amount shall be paid as detailed hereunder: i. A sum of Rs.5,00,000/- (Rupees Five Lakhs Only) shall be paid by way of demand draft before the - 4 - HC-KAR NC: 2025:KHC:23347 CRL.RP No. 809 of 2021 C/W CRL.RP No. 25 of 2022 Hon'ble High Court of Karnataka, Bengaluru towards the child maintenance arears. II. The balance amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) shall be paid towards EMI arears of the Home Loan availed jointly in the names of the parties herein, within a week directly to the State Bank of India, Jayanagar, Bengaluru towards the loan A/c No.33825643611 PBB, Jayanagar, Bengaluru the sald loan shall be converted from Max Gain to Term Loan. The respondent shall pay the remaining EMI's of the apartment along with maintenance to-the association. Both the parties undertake that they shall not withdraw the amount from the loan account till it is converted to term loan. 2. The petitioner also undertakes to pay a sum of Rs.6,000/-(Rupees Six Thousand Only) per month towards maintenance of his minor daughter Sarayu Kulkarni with in the 5th of every month commencing from the date of order passed by the Hon'ble High Court, Bengaluru. The said amount shall be increased by 7% year over year till she attains 25 years and the same shall be transferred to the respondent's bank account bearing No.05231610015100 HDFC Bank, Richmond Road Branch, Bengaluru. - 5 - HC-KAR NC: 2025:KHC:23347 CRL.RP No. 809 of 2021 C/W CRL.RP No. 25 of 2022 3. The petitioner also undertake to pay 50% of all the educational expenses such as annual school/college fees, transport, Uniform, books etc., of the minor daughter Sarayu Kulkami from May 2025 until she completes her education as per law. The said expenses shall be paid within two weeks after receiving the intimation from the school authorities. 4. The apartment bearing No.H-103, 1st Floor, Mantri Alpyne, Uttarahalli Main Road, Banashankari 5th Stage, Bengaluru-61 was purchased jointly in both their names. In view of above settlement arrived between the parties the petitioner is ready and willing to release and relinquish his 50% undivided share right, title and interest in the sald apartment in favour of the respondent/wife, Where upon the respondent shall either withdraw Crl. Misc No.104/2019 pending on the file of III MMTC, Bengaluru or the petitioner is entitled to get the same quashed.. 5. The respondent shall take the loan on her name alone and all the applicable charges in this regard shall be borne by respondent herself, after the release deed executed by the petitioner in the name of the respondent. - 6 - HC-KAR NC: 2025:KHC:23347 CRL.RP No. 809 of 2021 C/W CRL.RP No. 25 of 2022 6. The petitioner also undertakes to sign all the papers required for change of the khatha of the said apartment first in the joint names of the petitioner and the respondent and also undertakes to help her in this regard. However the respondent shall bear all the expenses incurred in the release deed and other incidental expenses that would be incurred in the process by the petitioner. 7. The petitioner shall have the right to visit the minor daughter Sarayu Kulkarni on every Saturday between 4.00 p.m to 6.00 p.m. at either BBMP Park, besides Raja Rajeshwarinagar Police Station, Bengaluru. The petitioner also undertakes to withdraw unconditionally Crl.R.P.No. 25/2022 pending on the file of the Hon'ble High Court of Karnataka, Bengaluru. 8. The petitioner herein who filed G & WC No.43/2019 pending on the file of II Addl. Family Court, Bengaluru shall be withdrawn and further he declares that he has no objection for whatsoever the minor daughter be in the custody of the respondent/mother. The petitioner is also undertakes to withdraw Crl.R.P. No.25/2022 pending before the Hon'ble High Court of Karnataka, Bengaluru. - 7 - HC-KAR NC: 2025:KHC:23347 CRL.RP No. 809 of 2021 C/W CRL.RP No. 25 of 2022 9. The petitioner shall not have any claim in respect of the corpus amount lying with the builder if that amount is transferred to petitioner's account the same shall be retransferred to the respondent's account. 10. The respondent has agreed to the above terms.” 4. Respondent and her counsel submits that all terms of settlement are complied with and petitioner herein has undertaken to comply with other conditions contained in the memorandum of settlement. One of the terms of the said settlement is that the petitioner has to withdraw Crl.R.P. 25/2022 filed by her. In view of the above settlement Crl.R.P. No. 809/2021 is disposed of in terms of settlement as noted above. 5. Crl.R.P. No. 25/2022 is dismissed as withdrawn. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 48