- 1 - NC: 2025:KHC:4904 CRL.P No. 19 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 19 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. KIRAN RAJ S/O LATE H.D. MUNIRAJU AGED ABOUT 32 YEARS 2. SMT. LALITHAMMA, W/O LATE H.D. MUNIRAJU, AGED ABOUT 54 YEARS , 3. MADHUSUDAN S/O LATE H.D. MUNIRAJU AGED ABOUT 35 YEARS, ALL ARE RESIDING AT R/AT 24, 3RD MAIN ROAD, SHAKAMBARI NAGAR, KANAKAPURA MAIN ROAD, INFRONT OF B.D.O OFFICE, BANASHANKARI, BANGALORE-560 070. …PETITIONERS (BY SRI. DODDATHAMME GOWDA M L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY JAYANAGAR P.S. REP BY SPP HIGH COURT BUILDING BANGALORE-560 001. 2. PRIYANKA W/O KIRAN RAJ, AGED ABOUT 30 YEARS R/A 68/04, MANJUNATHA CHOWTRY ROAD, VAJARA HALLI, KANAKAPURA MAIN ROAD, BANGALORE-560 062. …RESPONDENTS (BY SRI.THEJESH.P, HCGP FOR R-1 SRI. SHEKHAR BADIGER, ADVOCATE FOR R-2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4904 CRL.P No. 19 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS IN C.C.NO.27111/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A),323,506 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P ACT. ON THE FILE OF 2ND ACMM AT BANGALORE. 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:- ”Wherefore, the petitioners above named humbly pray that this Hon’ble Court may be pleased to quash the proceedings in C.C.No.27111/2019 for the offences punishable under Section 498(A), 323, 506 r/w 34 of IPC and Section 3 and 4 of D.P. Act on the file of 2nd ACMM at Bengaluru, in the interest of justice. 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent No.2 – complainant have filed a Joint Memo dated 03.02.2025 duly signed by petitioner No.1, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3 and respondent No.2 along with their respective counsel are physically present before - 3 - NC: 2025:KHC:4904 CRL.P No. 19 of 2025 the Court and they admit the contents of the Joint Memo, which reads as under:- “1. The petitioners and Respondent No.2 are voluntarily appeared before this Hon’ble Court today along with their counsels, both petitioners and Respondent No.2 agreed for the settlement and filed this joint memo for quashing the proceedings which was pending against the petitioners before the court below for the offences punishable Under Section 498(A), 323, 506 r/w 34 of IPC and Section 3 and 4 of D.P. Act. 2. The petitioners further submits that, the Petitioner No.1 filed Application u/s 13(1)(ia)(ib) of Hindu Marriage Act, Divorce Petition before the Hon’ble 6th Additional Family court at Bangalore in M.C.No.1503/2019 and above said case was disposed on 17.09.2024, as per myself and the Respondent No.2 agreed for the Mediation agreement on 11.09.2024 before 6th Additional Family court and we have signed as per Mediation agreement both Petitioner No.1 and the Respondent No.2 have decided to reside separately and the Hon’ble 6th Family court dissolve the our marriage by Decree of Divorce as per terms and conditions of Mediation Agreement. The Respondent No.2 agrees to Co-operate with the Petitioner No.1 to seek quashing of the C.C.No.27111/2019 pending against petitioners at 2nd ACMM at Bangalore. 3. The petitioners further submits that, both have filed this joint memo before this Hon’ble court and both are voluntarily appear before this Hon’ble court as per the - 4 - NC: 2025:KHC:4904 CRL.P No. 19 of 2025 settlement the petitioner has to pay an amount of Rs.12,50,000/- (Rupees Twelve lakhs Fifty thousand only) towards permanent alimony, out of which an amount of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand only)is already paid to respondent No.2 on 17.09.2024 by way of D.D.No.022697 before 6th Additional Family Court, Bangalore, now the balance amount of Rs.6,00,000/- (Rupees six Lakhs) dated on 10.09.2024 (Now Revalidated on 10.12.2024) by way of D.D.No.022698, State Bank of India, J.P.Nagar Branch, Bangalore will be paid before this Hon’ble Court. 4. 4. The Petitioners further submits that, petitioner No.1 is the husband of the Respondent No.2 and she is agreed for the settlement and both are decided to reside separately on their own will and wish. By allowing the application no hardship will be caused to both sides, in other hand it will prejudice to the both sides. Wherefore, the Petitioners No.1 to 3 and Respondent No.2 prays before this Hon’ble Court may be pleased to allow the Joint Memo filed by the petitioners and Respondent No.2 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 Memo dated 03.02.2025. - 5 - NC: 2025:KHC:4904 CRL.P No. 19 of 2025 (ii) The proceedings in C.C.No.27111/2019 (arising out of Crime No.52/2019 of 1st respondent – Police) registered for the offences punishable under Sections 498-A, 323, 506 r/w. Sec. 34 of IPC, pending on the file of 2nd ACMM, Bengaluru, insofar as the petitioners – accused Nos.1 to 3 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 114