Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 40671 (KAR)

NAGENDRA REDDY G. R. v. STATE OF KARNATAKA BY

CRL.P/7614/2025 · 2025-07-17

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7614 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: NAGENDRA REDDY G. R., AGED ABOUT 30 YEARS, SON OF G. R. SRINIVASA REDDY, RESIDING AT NO.47, DASARA STREET, GUNJUR VILLAGE AND POST, BENGALURU – 560 087. …PETITIONER (BY SRI. NARAYANA REDDY M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HAL POLICE, BENGALURU CITY, BENGALURU – 560 037. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU – 560 001. 2. MONIJA R., D/O JAYALAKSHMI G., AGED ABOUT 31 YEARS, RESIDING AT NO. 07, 21ST CROSS, VIJINANNAGAR, BENGALURU – 560 037. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO COMPOUND THE OFFENCES ALLEGED AGAINST THE PETITIONER BY THE FIRST RESPONDENT ON BEHALF OF THE SECOND RESPONDENT IN CC.NO.57425/2018, FOR THE OFFENCES PUNISHABLE UNDER SECTION 354, 323, 420, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 417, 506 OF THE IPC PENDING ON THE FILE OF THE LEARNED 29TH A.C.J.M. AT BENGALURU AND ETC. 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, petitioner has sought for the following relief:- "(i) compound the offences alleged against the Petitioner by the First Respondent on behalf of the Second Respondent in C.C. No. 57425/2018, for the offences punishable under Sec's. 354, 323, 420, 417, 506 of the Indian Penal Code pending on the file of the Learned 29th ACJM at Bengaluru. (ii) Acquit the Petitioner for the offences punishable under Sec's. 354, 323, 420, 417, 506 of the Indian Penal Code. (iii) Grant such other or further reliefs, as this Hon'ble Court may be pleased to grant, in the circumstances of the case to stall the abuse of process of Court, in the interest of justice.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with. - 3 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 3. Learned counsel for the petitioner – accused has filed an application under Section 320(6) of the Cr.P.C., duly filed along with affidavit duly signed by the petitioner and his counsel and the same is taken on record, which reads as under: “APPLICATION UNDER SECTION 320(6) OF THE CRIMINAL PROCEDURE CODE: The Petitioner and the Second Respondent state as follows: That for the reasons sworn to in the accompanying affidavit the Petitioner prays that this Hon'ble Court may kindly be pleased to accord permission to compound all the offences registered against the Petitioner and acquit him of the charges leveled against the Petitioner, in CC.No.57425/2018, for the offences punishable 354, 323, 420, 417, 506 of the Indian Penal Code pending on the file of the Learned 29th Addl. Chief Judicial Magistrate, at Bengaluru City, in the interest of justice. AFFIDAVIT I, Nagendra Reddy G.R, S/o G.R. Srinivasareddy, aged about 30 years, Rresiding at No.47, Dasara Street, Gunjuru Village & Post, Bengaluru 560 087 do hereby solemnly affirm and state as follows: - 4 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 1. I am the Petitioner in the above case and I am well conversant with the facts and circumstances of this case. Hence, I am swearing to this affidavit. 2. All the averments made in the main petition may kindly be read as part and parcel of this affidavit in order to avoid repetitions. 3. I state that due to the intervention of the elders and well wishers of both of our family members we have decided to put an end to all our litigations by compromising with our disputes with an intention to lead our future lives peacefully without any interference in our respective lives. 4. I state that the offences alleged against me in C.C. No.57425/2018 are punishable under sections 354, 323, 420, 417, 506 of the Indian Penal Code pending on the file of the Learned 29th Addl. Chief Judicial Magistrate, at Bengaluru City are non- compoundable in nature and consequently we are seeking the orders from this Hon'ble Court to compound the offences alleged against me in the light of the law laid down by the Hon'ble Apex court in Gyan Singh's case. 5. I state that if permission as prayed for by me is granted, no harm or prejudice will be caused to anyone as the offences are not against the state or involve any moral turpitude as the same are matrimonial in character. On the other hand, if my prayer is not granted we will be put to lot of hardship and inconvience, which cannot be compensated by any means at later stage. - 5 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 6. I state that both me and the Second Respondent have settled all our disputes between us amicably with an intention to avoid future mental distress and the future prospectus of both of us and respective families. I, Nagendra. G.R, the Petitioner in the above case do hereby declare that this is my true name and signature and the contents of this affidavit in para's 1 to 6 are true and correct to the best of my knowledge, information and belief.” 4. Learned counsel for the petitioner further points out that a Joint Memo of Compromise has been filed in M.C.No.6030/2018 on the file of III Additional Family Judge, Family Court, Bengaluru duly signed by petitioner and respondent No.2 and the petition before the Family Court was dismissed as withdrawn vide order dated 25.04.2025 in view of the settlement arrived at between the parties. The joint memo of compromise and the order dated 25.04.2025 read as under: “JOINT MEMO OF COMPROMISE The Petitioner and the Respondent in the above case most humbly and respectfully beg to submit as follows: 1. The Petitioner has filed the present Petition seeking restitution of conjugal rights against the Respondent. The Petitioner had also filed a Criminal case for cheating and - 6 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 various other offences which is pending in No.57425/2018 before the Learned 29th Additional Chief Judicial Magistrate, Mayohall, Bengaluru. Similarly the Respondent and his family members have also instituted criminal cases against the Petitioner and her family members in C.C. No. 11499/2019 pending before the Learned II ACJM, at Bengaluru Rural District and C.C. No.1194/2019 pending before the Learned JMFC at Hosakote. 2. The Petitioner and the Respondent most humbly submit that due to the intervention of the elders and well- wishers of both families and through mutual discussions, both the parties have agreed to amicably resolve all their disputes between them and further agreed to terminate all the litigations of the past and future with an intention to put an end to litigations and to lead their respective lives peacefully. 3. With the aforementioned resolve and intentions both the parties have decided to settle their disputes on the following terms and conditions: 4. The Petitioner has agreed to withdraw the above Petition filed by her against the Respondent under Section 9 of the Hindu Marriage Act and also the criminal case filed by her and pending before the Learned 29th Additional Chief Judicial Magistrate, Mayohall, Bengaluru in C.C.No.57425/2018 for the offences punishable under Sections 354, 323, 420, 417, 506 of the IPC. - 7 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 5. Similarly the Respondent and his family members have agreed to withdraw the two Criminal cases pending before the Learned 2nd Additional Chief Judicial Magistrate, Bengaluru rural District in C.C.No.11499/2019 and the offences punishable under Sections 448, 427, 504, 506 R/w Sec 34 of IPC and C.C. No. 1194/2019 pending before the Learned JMFC at Hosakote for the offences punishable under Sections 504 & 506 of IPC. 6. The Respondent had agreed to pay a sum of Rs.20,00,000/-(Rupees Twenty lakhs) only to the Petitioner as per mutual consent in lieu of this compromise and the Petitioner has agreed to receive the same as full and final settlement of all their disputes. 7. Both the parties ie, the Petitioner has agreed to receive and the Respondent shall pay the money in the following manner: a. A sum of Rs. 12,00,000/- (Rupees Twelve Lakhs) only by demand draft bearing No.252987, dated 23.4.2025 drawn in favour of the Petitioner and drawn on Bank of Baroda, Varthuru Branch Bengaluru on the date of recording this compromise/withdrawal memo in the present case. b. Rs.3,00,000/- (Rupees Three Lakhs) -already paid by demand draft bearing No.252989, dated 23.4.2025 drawn in favour of the Petitioner and drawn on Bank of Baroda, Varthuru Branch Bengaluru on the date of recording this compromise/withdrawal memo in the present case. - 8 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 c. Rupees 5,00,000/- (Rupees Five lakhs) only by demand draft bearing No.252988, dated 23.4.2025 drawn in favour of the Petitioner and drawn on Bank of Baroda, Varthuru Branch Bengaluru. This demand draft will be handed over to the Petitioner on the day of the closing of the criminal case before the Learned 29th Additional Chief Judicial Magistrate, Mayohall, Bengaluru in C.C. No. 57425/2018 for the offences punishable under Sections 354, 323, 420, 417, 506 of the IPC after obtaining permission to compound the offences by filing a Criminal Petition before the Hon'ble High Court of Karnataka as per the law laid down by the Hon'ble Apex Court in Gyan Singh's case. d. The Respondent and his family members in the meantime shall appear in the respective courts at Bengaluru and Hosakote and co-operate with the Petitioner and her family members to compound those cases in C.C.No.11499/2019 and C.C.No.1194/2019 & vice versa. 8. The Petitioner undertakes that she shall not claim that she is married to the Respondent, she shall not in the name of the said marriage not to claim any future reliefs or institute any cases either under the provisions of the Hindu Marriage act or under the provisions of the criminal laws for any reliefs against the Respondent in future. 9. The Petitioner undertakes to extend full co- operation to the Respondent for filing necessary Applications/Petitions under Section 482 Cr.P.C or otherwise, seeking the closure of the charge sheet filed - 9 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 against the Respondent in C.C.No.57425/2018 as some of the offences alleged against the Respondent are non compoundable in nature. 10. The Petitioner shall not claim that she is married to the Respondent under any circumstances and she shall not use any of the documents which are in her custody which may defame the Respondent in future. The Petitioner has returned all the documents, photographs, pen-drives or other electronic gadgets which are in her possession relating to the Respondent this day. 11. Both the Petitioner and the Respondent declares that this compromise has been entered into between them without any coercion or force and the same has been reached out of their free will and approval. WHEREFORE, the Petitioner and Respondent most respectfully pray that this Hon'ble Court may be pleased to record the above submissions, and permit the petitioner to withdraw the case filed by the Petitioner against the Respondent for restitution of conjugal rights in terms of this memo, in the interest of justice and equity.” “Order dated 25.04.2025 Advocate for petitioner present. Both parties and advocate for respondent absent. Kept by Case again called at 12.09 p.m. Both parties and their counsels are present and filed joint memo of compromise - 10 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 dated 25.04.2025, reporting that the parties arrived at settlement terms to settle their claim for Rs.20 Lakhs. Petitioner reported receipt of Rs.15 Lakhs through two D.D.s for Rs.12 Lakhs and Rs.3 Lakhs from the respondent as per the terms of settlement and agreed to receive the balance settlement mount of Rs.5 Lakhs as per the terms of settlement reported in joint memo dated 25.04.2025. Both parties submits that they have settled their dispute for Rs.20 Lakhs in total, out of which Rs.15 Lakhs is paid and respondent balance amount of Rs.5 Lakhs to the petitioner as agreed in the undertakes to pay joint memo dated 25.04.2025. Petitioner prays for the permission to withdraw petition as they have arrived at settlement terms and reported their settlement through the joint memo dated 25.04.2025 and prays for acceptance of joint memo of compromise dated 25.04.2025. Heard. In view of the joint memo of compromise dated 25.04.2025 and filed by the petitioner respondent through their counsel and settlement reported by the parties to the proceedings, petition filed by the petitioner is dismissed as withdrawn. Ordered to return original documents to the concerned as per rules.” - 11 - HC-KAR NC: 2025:KHC:26783 CRL.P No. 7614 of 2025 5. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo of Compromise dated 25.04.2025 filed on the file of M.C.No.6030/2018 and application under Section 320(6) of the Cr.P.C., duly filed along with affidavit filed before this Court dated 04.07.2025. (ii) The proceedings in C.C.No.57425/2018 (arising out of Crime No.209/2018 of 1st respondent – Police) registered for the offences punishable under Sections 354, 323, 420, 417 and 506 of IPC pending on the file of 29th Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 81