- 1 - HC-KAR NC: 2025:KHC:26819 CRL.P No. 7635 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7635 OF 2024 BETWEEN: 1. SRINIVAS MURTHI V.BORAGI, AGED ABOUT 48 YEARS, S/O LATE VITTAL RAO N.BORAGI, R/AT MATRUKRUPA, MIG-65, 2ND STAGE, 2ND CROSS, ‘B’ BLOCK, HUDCO KALLAHALLI, VINOBHA NAGAR, SHIVAMOGGA – 577 204. 2. KAMALA BAI V.BORAGI, AGED ABOUT 72 YEARS, W/O LATE VITTA RAO N.BORAGI, R/AT MATRUKRUPA, MIG-65, 2ND STAGE, 2ND CROSS, ‘B’ BLOCK, HUDCO KALLAHALLI, VINOBHA NAGAR, SHIVAMOGGA – 577 204. SENIOR CITIZENSHIP BENEFIT CLAIMED. 3. GEETHA B. V., AGED ABOUT 51 YEARS, O/O V.N.BHAROGI, R/AT NO.13, 11TH MAIN ROAD, 9TH BLOCK, NAGARABHAVI, 2ND STAGE, BENGALURU NORTH, BENGALURU – 560 072. 4. LEO, D/O THYAGARAJ, AGED ABOUT 45 YEARS, PRESENT: CHRISTIAN BY CAST, NO.71/19 BLESSED COTTAGE, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26819 CRL.P No. 7635 of 2024 3RD CROSS, NEAR G.K.PRIMARY SCHOOL, ASHOKA NAGAR, SHIVAMOGGA, PH. NO. 8971565617, SHIVAMOGGA, KARNATAKA. PERMANENT: # 71/19 BLESSED COTTAGE, 3RD CROSS, NEAR G.K.PRIMARY SCHOOL, ASHOKA NAGAR, SHIVAMOGGA, PH. NO. 8971565617, SHIVAMOGGA, KARNATAKA. …PETITIONERS (BY SRI NAVEENKUMAR G. M., ADVOCATE FOR SRI DILRAJ ROHIT SEQUEIRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE STATION HOUSE OFFICER, WOMEN POLICE STATION, SHIVAMOGGA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SHILPA M.DODDAMANI, AGED ABOUT 40 YEARS, W/O SRINIVAS MURTHI V.BHORAGI, DISTRICT HANDICAP WELFARE OFFICER, SAGARA ROAD, SHIVAMOGGA – 577 432. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SMT. NAZEEFA M.MULLA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C (SECTION 528 OF BNSS) PRAYING TO QUASH THE COMPLAINT, FIR IN CR.NO.81/2023 DATED 19.07.2023 PERTAINING TO SHIVAMOGGA WOMEN POLICE STATION, FOR THE OFFENCE P/U/S 498-A, 448, 353, 504, 323, 427 OF IPC AND ALL THE PROCEEDINGS NOW PENDING IN C.C.NO.1009/2024 ON THE - 3 - HC-KAR NC: 2025:KHC:26819 CRL.P No. 7635 of 2024 FILE OF THE HON’BLE COURT OF JMFC 2ND COURT AT SHIMOGGA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this court calling in question proceedings in C.C.No.1009/2024, pending on the file of the Honble Court of JMFC 2nd Court at Shimogga district, for the offences punishable under Sections 498-A, 448, 353, 504, 323 and 427 of the Indian Penal Code. 2. Heard Sri.Naveenkumar G.M., learned counsel for Sri.Dilraj Rohit Sequeira, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Smt.Nazeefa M Mulla, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the subject proceedings, the parties were before the concerned Family Court in - 4 - HC-KAR NC: 2025:KHC:26819 CRL.P No. 7635 of 2024 M.C.No.41/2025, where they were by drawing up certain terms and conditions have sought divorce by mutual consent, which has been granted, one of the conditions so drawn by the parties for closure of the present proceedings is as discernible from clauses 2.5 and 3, which reads as follows: "2.5 Both petitioners have mutually agreed not to initiate any civil or criminal proceedings against each other in the future. The first petitioner also agrees to withdraw C.C.No.1009/2024, which is currently pending before the II JMFC in Shivamogga. Both parties are filing this petition voluntarily and without any threat, force, or coercion. Therefore, this petition is submitted. 3. The record depicts that after registering the petition, the matter was referred for conciliation. The conciliator has submitted the report stating that conciliation effort failed." 4. In the light of the settlement arrived at between the parties, or the mutual consent divorce drawing up certain conditions of settlement and the offence being under Section 498A of the IPC and not against the State, I deem it appropriate to permit closure of the proceedings by accepting the application seeking compounding of the offence. 5. The husband has filed an affidavit of undertaking that the property would be registered in the name of the wife - 5 - HC-KAR NC: 2025:KHC:26819 CRL.P No. 7635 of 2024 within three months from the date of receipt of the copy of this order. The affidavit reads as follows: "I, Srinivas Murthi V. Boragi, aged about 49 years, S/o Late Vittal Rao N. Boragi, R/a Matrukrupa, MIG-65, 2nd Stage, 2nd Cross, B block, HUDCO Kallahalli, Vinobha Nagar, Shimoga-577204, today in Bangalore, do hereby solemnly state and affirm as here below, 01. I say that I am the resident of the above- mentioned address. As I am fully acquainted with the facts and circumstances of the case I am swearing to this affidavit. 02. I say that I have been duly instructed by the other petitioner to swear to this affidavit. 03. I say that with false allegations the criminal case was filed in Crime No. 81/2023, dated 19/07/2023 pertaining to Shivamogga Women Police station for the offences punishable under Section 498(A), 448, 353, 504, 323, 427 of IPC, pending on the file of Hon'ble Court of JMFC 2d Court Shivamogga District. 04. I say that the respondent No. 02 filed a petition with a prayer for restitution of conjugal rights under section 9 of the Hindu Marriage Act. As the respondent No.02 and the petitioner No.01 have settled the marital dispute amicably between them, the Honourable Court of Principal Judge, Family Court at Shimoga, was pleased to dispose of the above- mentioned case as settled, based on the mediation agreement. 05. I say that the respondent No.02 filed a petition with a prayer for custody of the child in G & W.C. No. 08/20/24 on the file Honourable Court of Principle Judge, Family Court at Shivamogga under sections 7, 17, 25 of the Guardian and Wards Act. 06. I say that as the respondent No.02 and the petitioner No.01 have settled their marital dispute - 6 - HC-KAR NC: 2025:KHC:26819 CRL.P No. 7635 of 2024 amicably between them, the Honourable Court of Principle Judge, Family Court at Shivamogga was pleased to dispose the above-mentioned case as settled, based on the mediation agreement. 07. I say that as the criminal case filed by the respondent No.02 pending on the file of the Honourable Court of J.M.F.C. II Shivamogga is pending the respondent No.2 has also consented to withdraw the allegations made against the petitioner. 08. I say that as there is no chance of case petitioners and the respondent No. 02 further pursuing the case in future, she is consented file this accompanying application for compounding of the offences. 09. I Say that I have understood the judgement and decree passed by the Honorable Court in O.S. No. 231/2024 dated 08/03/2025 before the Honorable court of 2nd Additional Senior Civil Judge AND JMFC Shimoga, in respect of the property schedule mentioned therein and undertake to Honor the same within three (03) months from the date of disposal of this case. The expenses towards the registration shall be borne by the respondent. 10. I say that the respondent will have no claim whatsoever either on my property or the assets as well as on my future life. I too undertake not to interfere with her whereabouts and her future life and the respondent is at liberty to lead the life the way she wishes. 11. I say that considering the facts and circumstances of the case it is most humbly prayed before this Honourable Court that the application filed by the petitioner and the respondent No. 02, may kindly be taken into consideration and the pending case on the file of the Honourable Court of J.M.F.C. II at Shivamogga for the offences punishable under sections 498(a), 448, 353, 504, 323, 427 of IPC, pursuant to the registration of the FIR in Crime No. 81/2023, dated 19/07/2023 may kindly be quashed in the interest of justice and equity. - 7 - HC-KAR NC: 2025:KHC:26819 CRL.P No. 7635 of 2024 12. I say that what is stated above in paragraphs 01 to 09 are true to the best of my knowledge, faith and belief." 6. In the light of the affidavit of undertaking, the property so undertaken to be registered in favour of the wife shall be registered within three months from the date of receipt of the copy of this order. Any breach would be viewed seriously. 7. For the aforesaid reasons, the following: ORDER [i] Criminal Petition is disposed. [ii] Proceedings in C.C.No.1009/2024, pending on the file of the Honble Court of JMFC II Court at Shimogga district, for the offences punishable under Sections 498-A, 448, 353, 504, 323 and 427 of the Indian Penal Code, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 1 CT:SS