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2025 DAILYLAW 35342 (KAR)

SRI PANIRAJ S K v. STATE BY WOMEN POLICE STATION

CRL.P/13420/2023 · 2025-06-09

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19618 CRL.P No. 13420 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.13420 OF 2023 (482(Cr.PC)/528(BNSS)-) BETWEEN: 1. SRI PANIRAJ S.K. AGED ABOUT 29 YEARS, S/O S.V. KRISHNAMURTHY SHETTY, R/AT NEAR SHIVA TEMPLE AVALAHALLI, BANGALORE-560 049. 2. SRI S.V. KRISHNAMURTHY SHETTY AGED ABOUT 65 YEARS, S/O LATE S.L. VENKATARAYA SHETTY, 3. SMT. S.K. NAGAMANI AGED ABOUT 59 YEARS, W/O. S.V. KRISHNAMURTHY SHETTY, PETITIONER NOS.2 AND 3 ARE R/AT #78, SANTHEBACHANAHALLI HOBLI, KRISHNARAJAPETE TALUK, MANDYA - 571 436. …PETITIONERS (BY SRI MUKKANNAPPA S.B., ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION, MYSURU, REPRESENTED BY SPP, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19618 CRL.P No. 13420 of 2023 BANGALORE-560 001. 2. SMT. ASHWINI R. AGED ABOUT 29 YEARS, W/O S.K. PANIRAJ, D/O V. RAVEENDRA R/AT NO.262, SAPTAGIRI NILAYA, SONAR STREET, VASAVAMBA FOOD NEEDS ROAD, MYSURU-570 024. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R.1; SRI S. RUPESH KUMAR, ADVOCATE FOR R.2.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PRECEDURE CODE, PRAYING TO QUASH THE FIR CULMINATED IN CRIME NO.157/2023 REGISTERED BY THE RESPONDENT NO.1/WOMEN POLICE MYSORE URBAN, THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 324 AND 34 OF IPC READ WITH SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF 7TH ADDITIONAL CIVIL JUDGE (JR. DN.) AND JMFC COURT, MYSURU, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:19618 CRL.P No. 13420 of 2023 ORAL ORDER In this petition, petitioners have sought for the following reliefs:- "WHEREFORE, the Petitioners respectfully prays that this Hon'ble court may be pleased to - a] CALL for the records in respect of Crime.No.157/2023 pending on the file of 7th Addl. Civil Judge(Jr. Dn) & JMFC Court, Mysuru; b] QUASH the FIR culminated in Crime.No.157/2023 registered registered by the Respondent No. 1 / womens police mysore urban for the offences punishable under Section 498A, 324 and 34 of I.P.C. read with Section 3 and 4 of Dowry Prohibition Act, pending on the file of 7th Addl. Civil Judge(Jr. Dn) & JMFC Court, Mysuru, under the facts and circumstances of the case; and c] PASS any other appropriate order or orders or direction as this Hon'ble court may deems fit to grant by considering the facts and circumstance of the case, in the interests of justice and equity." - 4 - HC-KAR NC: 2025:KHC:19618 CRL.P No. 13420 of 2023 2. The present matter was referred for Mediation vide interim order dated 28.04.2025 which reads as under:- "Considering that the matter arises out of matrimonial dispute and at the request of the learned counsel appearing for both the parties, this matter is referred to Mediation Centre, Mysuru. Parties are permitted to appear before the Mediation Centre, Mysuru on 17.05.2025. List this petition on 09.06.2025. Interim order is extended till next date of hearing." 3. In pursuance of the same, the parties have amicably settled the dispute as per the Mediation report and Memorandum of Settlement which reads as under:- "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 The parties above named beg to submit as follows:- I. The aforesaid suits were referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute - 5 - HC-KAR NC: 2025:KHC:19618 CRL.P No. 13420 of 2023 and have agreed to the following terms and conditions: i. This petition is pled by the petitioner under Section 482 of the Code of Criminal Procedure for quashing the FIR in Cr.No.157/2023 on the file of the 7th Addl Civil Judge (Jr.Dn.) and JMFC Court at Mysuru against the Respondent No.1 and 2. ii. Both the complainant and accused viz., the present petitioner 1 and 2 and their respective counsels along with the parties of the complaint have participated in the Mediation Proceedings. iii. Mediation proceedings held and discussed elaborately. iv. Both the parties are unable to live together henceforth and out of their own free will volition and without any sort of coercion and pressure both the parties have agreed to settle the above matter as per the condition and terms mentioned herein below voluntarily viz., 1) The petitioner in the above petition undertaken and agree to pay to the Respondent No.2 a sum of Rs.21 Lakhs (Twenty one Lakhs) only as permanent alimony for which the Respondent No.2 undertaken and agree to receive the same. 2) Out of the above marriage there is no issues between the petitioner and Respondent No.2 - 6 - HC-KAR NC: 2025:KHC:19618 CRL.P No. 13420 of 2023 3) The petitioner undertaken and agree to pay fifty percent of the above said viz. Ten Lakh Fifty Thousand only before the Hon'ble High Court of Karnataka at Bangalore on the hearing date i.e. 09.06.2025 to the Respondent No.2. 4) Both the parties undertake and agree to move the Joint Petition for Divorce before the competent Authority at Mysuru and on the date of filing the above Joint Petition the petitioner undertaken and agree to pay the balance amount of Rs.Ten Lakh Fifty Thousand to the Respondent No.2. 5) That the Respondent No.2 undertaken and agree to withdraw the Crl.Misc.25/2024 on the file of II Addl. Principal Family Court at Mysuru after filing the Joint Petition for Divorce after receiving the balance amount from the petitioner. 6) That the Respondent No.2 undertaken and agree to withdraw the Crl.Misc.No.2265/2023 on the file of the Hon'ble V Addl. District and Sessions Judge at Mysuru file against the petitioner after filing the Joint Petition for Divorce and mentioned above. 7) Both the parties undertake and agree that there are no articles to be exchanges. 8) Both the parties undertake and agree not to involve in future litigation and claim against each other after the filing of the Joint Petition for Divorce as mentioned above. - 7 - HC-KAR NC: 2025:KHC:19618 CRL.P No. 13420 of 2023 Both the parties undertake and agree to the terms and conditions mentioned above out of their own free will volition and without any sort of pressure and coercion voluntarily and both of them pray this Hon'ble Court to pass suitable orders in the above case. II. In view of the aforesaid agreement entered into between the parties, the parties pray that the Hon'ble Court be pleased to pass the final order decree, in terms of the aforesaid agreement. III. In view of the aforesaid agreement, the plaintiff prays for refund of the full institution court fee paid. IV. Parties will appear before the Court on 09.06.25 for passing necessary orders in terms of the agreement." 4. In view of the aforesaid settlement entered into between the 1st petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Memorandum of Settlement, dated 26.05.2024. (ii) The proceedings in Crime No.157/2023 of 1st respondent – Police registered for the offences punishable under Sections 498A, 324 read with Section Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961 pending on the file of VII Additional - 8 - HC-KAR NC: 2025:KHC:19618 CRL.P No. 13420 of 2023 Civil Judge (Jr. Dn) & JMFC Court, Mysuru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VMB List No.: 1 Sl No.: 6