- 1 - NC: 2025:KHC:3439 WP No. 13653 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.13653 OF 2023 (GM-RES) BETWEEN: 1. SRI. KARTHIKEYA RAVINDRA KODKANI, S/O RAVINDRA KODKANI, AGED ABOUT 34 YEARS, ’G-96’, ‘UTHKARSHA’, RBI STAFF QUARTERS, NEAR SUBHASH BRIDGE, OLD WADAJ, AHMADABAD GUJARATH – 380 027. 2. SMT. PRATHIBHA HEGDE W/O RAVINDRA KODKANI AGED ABOUT 63 YEARS, 3. SRI. RAVINDRA GOVINDA KODKANI S/O GOVINDA KODKANI AGED ABOUT 64 YEARS, 4. SRI. GURURAJ RAVINDRA KODKANI S/O RAVINDRA KODKANI, AGED ABOUT 39 YEARS, NOW WORKING AS DEVELOPMENT OFFICER LIC OF INDIA, SATELLITE OFFICE, INDUSTRIAL AREA, 1ST CROSS, N S PALYA, BANNERGHATTA ROAD, BANGALORE 560 076 R2 TO R4 ARE R/AT ‘CHINMAYEE’ AKBHAR STREET, YALLAPURA YALLAPURA TALUK – 581 359 UTHARA KANNADA DISTRICT …PETITIONERS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3439 WP No. 13653 of 2023 AND: 1. STATION HOUSE OFFICER, KUNDAPURA POLICE STATION, UDUPI DISTRICT. REP. BY SPP AT BENGALURU – 560 001. 2. SMT. PRATHIMA KUMARI A.S., AGED ABOUT 31 YEARS, D/O SUBRAYA U., W/O KARTIKEYA KODKANI, PRIVATE SERVICE ”KAVERI ANUGRAHA”, BEHIND PRAMEELA TYRES, UPPINAKUDRU – 576 230 KUNDAPURA TALUK UDUPI DISTRICT …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. K.PRASANNA SHETTY, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE FIR IN CR.NO.0044/2023 ON THE FILE OF THE I ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, KUNDAPURA, UDUPI DISTRICT (ANNXURE-C). 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:- “a. Quashing the FIR in Cr.No.0044/2023 on the file of the I Addl. Civil Judge & JMFC, Kundapura, Udupi District (Annexure – C); b. Grant such other reliefs as this Hon’ble Court deems fit.” - 3 - NC: 2025:KHC:3439 WP No. 13653 of 2023 2. Learned counsel for the petitioners has filed I.A.1/2024 along with Affidavit of petitioner No.4 and copy of Joint Memo filed by petitioner No.1 and respondent No.2 before the Senior Civil Judge, Kundapura and copies of mediation reports. The said I.A.1/2024 reads as under: “APPLICATION UNDER SECTION 320(2) READ WITH SEC.482 OF Cr.P.C. The applicants respectfully states as under:- 1. The Applicant No.1 and 2nd respondent are the husband and wife. Their marriage was solemnized on 20.04.2019 at Vedavyasa Kalyana Mantapa, Sree Lakshminarayan Mutt, Yallapura. 2. The applicant No.2 is the mother and the Applicant No.3 is the father and the Applicant No.4 is the elder brother of the Applicant No.1. The Applicants are residing at Yallapura of Uttara Kannada District and the Applicant No.4 is a Development Officer in LIC of India and is residing at Bengaluru. The 2nd Respondent has not lived with the Applicants 2 to 4. The Respondent No.2 filed a complaint against the applicants and the same was taken as a complaint under Sec.498(A), 504, 506 and Sec.3, 4 & 6 of the Dowry Prohibition Act. 3. The above petition was filed seeking a prayer to quash the FIR in Crime No.0044/2023 on the file of 1st Addl. Civil Judge (Jr.Dn.) & JMFC., Kundapura, Udupi District. - 4 - NC: 2025:KHC:3439 WP No. 13653 of 2023 4. The applicant No.1 herein had filed a petition for divorce against he Respondent No.2 in M.C.No.80/2022 on the file of Senior Civil Judge, Kundapura. The Said petition was referred to mediation. Before the mediation, a compromise petition was filed by the parties. A joint petition was filed agreeing to dissolve their marriage. The compromise petition was accepted and the marriage was dissolved by a decree dated 01.07.2024. The said petition was disposed of by a joint memo filed by the applicant and Respondent. A copy of the Joint memo is filed herewith as ANNEXURE-I. The joint memo was presented before the Court of Senior Civil Judge, Kundapura. Based on the joint memo the court passed and order of compromise accepting the mediation report. A decree dated 01.07.2024 was passed in M.C.80/2022 dissolving the marriage between petitioner No.1 and Respondent No.2 herein. A certified copy of the decree in M.C.80/2022 is filed herewith as Annexure-II. 5. In view of the compromise arrived at between the parties and in the circumstances of the case, it is just and proper that the proceedings against the petitioners may be quashed. Wherefore it is prayed that this Hon’ble Court may be pleased to quash the proceedings in Crime No.0044/2023 on the file of the 1st Addl. Civil Judge (Junior division) and JMFC Court, Kundapura in the interest of justice and equity.” - 5 - NC: 2025:KHC:3439 WP No. 13653 of 2023 3. In view of the aforesaid settlement entered into between petitioner No.1 and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 01.07.2024 filed before the Senior Civil Judge, Kundapura. (ii) FIR in Crime No.44/2023 of 1st respondent – Kundapura Police Station registered for the offences punishable under Sections 498(A), 504, 506 r/w 34 of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961, pending on the file of 1st Addl. Civil Judge & JMFC, Kundapura, Udupi District, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 100