- 1 - NC: 2025:KHC:3070 CRL.P No. 13846 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.13846 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. DEEPU FRANCIS AGED ABOUT 37 YEARS, S/O FRANCIS THOMAS, R/AT NO.03, 8TH MAIN, 15TH C CROSS, MUTHYALANAGAR, BENGALURU - 560 054. 2. FRANCIS THOMAS, AGED ABOUT 67 YEARS, S/O FRANCIS THOMAS, R/AT NO.03, 8TH MAIN, 15TH C CROSS, MUTHYALANAGAR, BENGALURU - 560 054. 3. RANI FRANCIS, AGED ABOUT 61 YEARS, S/O FRANCIS THOMAS, R/AT NO.03, 8TH MAIN, 15TH C CROSS, MUTHYALANAGAR, BENGALURU - 560 054. …PETITIONERS (BY SRI. AJAY M.D., ADVOCATE) AND: 1. STATE BY VIDYARANYAPURA POLICE STATION, BENGALURU 560 097 REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU 01 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3070 CRL.P No. 13846 of 2024 2. SMT. JINCY GEORGE, AGED ABOUT 30 YEARS, D/O T K GEORGE, R/AT NO.36, 3RD CROSS, DEVAPPA LAYOUT, RAMACHANDRAPURA, JALAHALLI, BENGALURU 560 013 …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1; SMT. SHREYA S.KUMAR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.23800/2022 ON THE FILE OF THE COURT OF THE VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU INITIATED BY THE COMPLAINANT / RESPONDENTS AS AGAINST THESE PETITIONERS NO.1 TO 3 HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following relief:- “ a) Call for the Records in CC.No.23800/2022 before the Court of the VII Additional Chief Metropolitan Magistrate at Bengaluru. b) Quash the entire Criminal Proceedings in CC.No.23800/2022 on the file of the VII Additional Chief Metropolitan Magistrate at Bengaluru initiated by the Complainant / Respondents as against these Petitioner Nos.1 to 3 herein. c) Pass such other order or orders as the petitioner Nos.1 to 3 are entitled to in the facts and - 3 - NC: 2025:KHC:3070 CRL.P No. 13846 of 2024 circumstances of the case, including the costs of the Proceedings, in the interest of justice.” 2. Learned counsel for the petitioners and learned counsel for the respondent have filed a Joint Affidavit duly signed by petitioner No.2, respondent and counsel for the petitioners and the same is taken on record. 3. Petitioner No.2 and counsel for the petitioners and the respondent and her counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT I, Francis Thomas, S/o T.C.Thomas, Aged about 67 years, R/at No.03, 8th Main, 15th C Cross, Muthyalanagar, Bengaluru – 560054 representing the petitioner No.1 in the present case, through the Special Power of Attorney dated 19.04.2022 and I, Jincy George, D/o T.K. George, aged about 31 years, residing at No.36, 3rd cross, Devappa Layout, Ramachandrapura, Jalahalli, Bangalore – 560013, in the case do hereby solemnly affirm and state on oath as follows: 1. We state that the petitioners herein have filed the above petition under section 528 of BNSS (section 482 of Code of Criminal Procedure) seeking for quashing of offences U/s 498A of IPC R/w section 3 and 4 of DP Act, in - 4 - NC: 2025:KHC:3070 CRL.P No. 13846 of 2024 CC No.23800/2022 pending before Learned VII Additional Chief Judicial Magistrate, Bengaluru. 2. We state that, the marriage between petitioner no.1 and respondent no.2 was an arrange marriage, solemnized on 11th January, 2020 at St. Sebastian's Forane Church, Mathikere as per Christian Customs and Traditions. After marriage they both resided at the house of Petitioner No.1, at the address mentioned at the cause title. They have a no issues born to them from their wedlock. 3. We state that, the dispute arose due to disturbance in the marital life; hence petitioner no.1 herein filed a petition, in MC No.2518/2022 before the Hon'ble IV Additional Judge, Family Court, Bengaluru, seeking decree of divorce against the Respondent no.2. In the meanwhile, Petitioner no.1 and the respondent no.2 agreed to settle the dispute amicably, Accordingly during the pendency of the said case, the matter was referred for mediation before the Bangalore Mediation Centre. In the mediation, the matter has been settled amicably and Petitioner no.1 and the Respondent no.2 entered into Memorandum of Settlement dated 19/12/2024 on following terms and conditions. 4. We state that, Petitioner no.1 has agreed to pay an amount of Rs.27,00,000/- to the respondent no.2 towards her claim of maintenance / permanent alimony as full and final settlement and the same was paid to respondent no.2, by the way of DD bearing no.926514, dated:18-12-2024, Drawn on South Indian Bank (0008) City Branch, Yeshwanthpur, Bangalore, at the time of reporting settlement in MC - 5 - NC: 2025:KHC:3070 CRL.P No. 13846 of 2024 No.2518/2022 before Hon'ble IV Additional Judge, Family Court, Bengaluru. 5. That both the parties state that all claims and counter claims have been settled outside the court and that there is no claim over any movables and immovable belongings against each other. 6. Both the parties hereby declare that they have no claim of any nature whatsoever against each other past, present or future. 7. The parties have arrived to the settlement on their own volition, without here being any coercion, undue influence or force having been exerted upon either of them, and after obtaining competent legal assistance from their respective advocates. WHEREFORE, in view of the said settlement, it is humbly prayed that this Hon'ble court be pleased to allow the accompanying application in the interest of justice. We, the deponent named above do hereby verify and declare that the contents stated above are true and correct to the best of knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 23.01.2025. - 6 - NC: 2025:KHC:3070 CRL.P No. 13846 of 2024 (ii) The proceedings in C.C.No.23800/2022 registered for the offences punishable under Sections 498(A) of IPC r/w Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of VII Addl. Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 62