- 1 - NC: 2025:KHC:5905 CRL.P No. 8603 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8603 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR. RAJENDRANATH KUPPATHIL AGED ABOUT 41 YEARS, S/O MR. PALAKKAL SASEENDRANATHAN R/AT NO.302, 3RD FLOOR, CHALET APARTMENT, NO.16, RAMAKRISHNAPPA ROAD, COX TOWN, BANGALORE-560 005. 2. MR. SASEENDRANATHAN S/O SHASHIDHARAN AGED ABOUT 69 YEARS, R/AT NO.302, 3RD FLOOR, CHALET APARTMENT, NO.16, RAMAKRISHNAPPA ROAD, COX TOWN, BANGALORE-560 005. 3. MRS. LAKSHMI KUTTY AGED ABOUT 63 YEARS, W/O MR. PALAKKAL SASHEENDRANATH, R/AT NO.302, 3RD FLOOR, CHALET APARTMENT, NO.16, RAMAKRISHNAPPA ROAD, COX TOWN, BANGALORE-560 005. 4. MRS. RUGMINI KUPPATHIL AGED ABOUT 34 YEARS, W/O MR. RAMESH RAMANKUTTY, R/AT NO.302, 3RD FLOOR, CHALET APARTMENT, NO.16, RAMAKRISHNAPPA ROAD, Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5905 CRL.P No. 8603 of 2024 COX TOWN, BANGALORE-560 005. …PETITIONERS (BY SRI. MOHAMMED SADIQ, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SPP HIGH COURT COMPLEX OFFICE OF ADVOCATE GENERAL OPP. VIDHANA SOUDHA BENGALURU – 560 001. 2. MRS. SARANYA CHEERATH PUTHEN AGED ABOUT 35 YEARS, W/O MR. RAJENDRANATH KUPPATHIL, R/AT APARTMENT NO.111, V R VATIKA APARTMENT, SARKAR GUTTAHALLI VILLAGE, GOVERNMENT COLLEGE ROAD, HOSKOTE TOWN, BENGALURU-562 114. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 SRI. ANKITH.S. REDDY, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNNS) CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THEM IN C.C.NO.2940/2024 IN CRIME NO.117/2024 U/S.498-A,420,149 OF IPC 1860 AND SEC.3,4 OF DP ACT 1960 BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC HOSKOTE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:5905 CRL.P No. 8603 of 2024 ORAL ORDER In this petition, petitioners have sought for the following relief:- “Wherefore, the Petitioners pray that this Hon’ble Court may be pleased to quash the proceedings against them in C.C.No.2940/2024 in Crime No.117/2024 under 498A, 420 and 149 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1960 before the Principal Civil Judge and JMFC, Hosakote, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 to 3 and 6 and learned counsel for the 2nd respondent – complainant have filed a Joint Affidavit dated 12.12.2024 duly signed by petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3 and 6 and respondent No.2 - complainant are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “We, Mr. Rajendranath Kuppathil, Aged about 41 years, son of Mr. Palakkal Sasidaran, residing at No.302, 3rd Floor, Chalet Apartment, No.16, Ramakrishnappa Road, Cox Town, Bengaluru – 560 005 and Ms. Saranya Cheerath Puthen, aged about 36 years, daughter of Mr.Govindankutty Poyale, residing at No.111, V.R. Vatika Apartment, Hosakote - 4 - NC: 2025:KHC:5905 CRL.P No. 8603 of 2024 Town, Bengaluru – 562114, do hereby swear on oath and submit as follows: 1. We are Petitioner No.1 and Respondent No.2 in the captioned case and hence fit to depose in this joint affidavit recording the settlement of all claims and disputes arising out of our matrimonial relationship. 2. That our marriage was solemnized on 22.03.2009 as per Hindu rites, customs and ceremonies were conducted at K.R.K. Auditorium, Palakkad – 678001 and the same came to be registered before Registrar of Hindu Marriages, SRO Tambaram, Chennai under Tamil Nadu Hindu Marriage (registration) Rules, 1967 in Marriage No.171/2009, dated 08.04.2009. 3. That following the breakdown of our matrimonial relationship, Petitioner No.1 had preferred a petition under section 13(1)(a) of the Hindu Marriage Act, 1954 seeking dissolution of his marriage with Respondent No.2 herein. The aforesaid Petition numbered as M.C.No.2587/2024 was referred to mediation for resolving the dispute between the parties. 4. That during the course mediation, Petitioner No.1 and Respondent No.2 had agreed that the marriage solemnized between them on 22.03.2009 as per Hindu rites, customs and ceremonies at K.R.K. Auditorium, Palakkad – 678001 and registered before Registrar of Hindu Marriages, SRO Tambaram, Chennai under Tamil Nadu Hindu Marriage (registration) Rules, 1967 in Marriage No.171/2009, dated 08.04.2009, be dissolved by a decree of divorce. A copy of the memorandum of agreement under Section 89 of CPC read with rule 25 and 25 of Karnataka Civil Procedure - 5 - NC: 2025:KHC:5905 CRL.P No. 8603 of 2024 (Mediation) Rules, 2007 which forms a part of the final order dated 04.12.2024 passed by the learned 6th Additional Family Judge, Bengaluru in M.C.No.2587/2024 is produced herewith as Document No.1. 5. That Respondent No.2 had also instituted proceedings under section 12 of the Protection of Women from Domestic Violence Act, 2005 in the court of the learned 2nd Additional Civil Judge and JMFC, Hoskote in Crl.Misc.No.225/2024 filed on 05.07.2024. Further that, upon satisfaction of relevant clauses of the memorandum of agreement entered into between us in M.C.No.2587/2024; Respondent No.2 withdrew Crl.Misc.No.225/2024 on the file of learned 2nd Additional Civil Judge and JMFC, Hoskote and the same has been dismissed as withdrawn. A copy of the final order dated 30.10.2024 in Crl.Misc.No.225/2024 is produced herewith as Document No.2. 6. That in view of the dissolution of our marriage through grant of decree of divorce dated 04.12.2024, the settlement arrived at between us in M.C.No.2587/2024 and various decisions of the Hon’ble Apex Court; this Hon’ble Court may be pleased to exercise its inherent powers under Article 482 of the Constitution of India and quash the FIR registered by Respondent No.1 against all accused in Cr.No.117/2024 for the offences punishable under Section 498-a, 149 and 420 of IPC read with Section and 4 of Dowry Prohibition Act and the proceedings pending on the file of learned Principal Civil Judge and JMFC, Hoskote in C.C.No.2940/2024 in the interest of justice and equity. 7. That we hereby solemnly state and declare that the contents of paragraph 1 – 7 of this joint affidavit are true - 6 - NC: 2025:KHC:5905 CRL.P No. 8603 of 2024 to the best of our knowledge, belief and information and that we have affixed our respective signatures hereunder voluntarily, without any force, influence, or coercion, and entirely on our own accord and willful consent. We hereby unconditionally undertake to abide by the terms of the settlement arrived at between us in M.C.No.2587/2024 and seek leave of this Hon’ble Court to grant the prayer as sought for in the accompanying application in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 12.12.2024. (ii) The proceedings in C.C.No.2940/2024 (arising out of Crime No.117/2024 of 1st respondent – Police) registered for the offences punishable under Sections 498-A, 420 r/w. Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1960, pending on the file of the Principal Civil Judge and JMFC, Hoskote, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 2 Sl No.: 51