- 1 - HC-KAR NC: 2025:KHC:24587 CRL.P No. 9325 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.9325 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. MALLIKARJUN TONNY AGED ABOUT 40 YEARS S/O BABU TONNY, 2. GIRISH TONNY S/O BABU TONNY AGED ABOUT 48 YEARS BOTH R/AT NO.904 , RAIWARPATH BELAGAVI 591 302. …PETITIONERS (BY SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HAL POLICE STATION MARTHAHALLI BENGALURU REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU -560 001. 2. SMT SUMA V C D/O VERANNA W/O MALLIKARJUNA TONNY, AGED ABOUT 35 YEARS R/AT NO.251, MATRU KRUPA 2ND CROSS HEGGANAHALLI, PEENYA 2ND STAGE VISHWANEEDAM, BENGALURU - 560 091. PRESENTLY AT: NO.111, RI SAI RANGA PARTMENT FLAT NO. T3, 3RD FLOOR, S G KAVAL, SUNKADAKATTE BENGALURU -560 091. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; NOTICE TO R-2 IS D/W) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24587 CRL.P No. 9325 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.50470/2024 REGISTERED BY THE HAL P.S, BENGALURU / 1ST RESPONDENT, FOR THE OFFENCES P/U/S 498A, 504, 506, 323, 420 R/W 34 OF IPC AND SEC. 3 AND 4 OF DP AC, CASE PENDING ON THE FILE OF THE HON’BLE XXIX ACJM, BENGALURU, MAYOHALL UNIT, BENGALURU. 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 reliefs: “Wherefore, the petitioners who are arrayed as accused Nos.1 & 2 humbly prays that, this Hon'ble Court be pleased to quash the entire proceedings in CC.No.50470/2024 registered by the H.A.L Police Station, Bengaluru / 1st respondent, for the offences punishable under Sections 498(A), 504, 506, 323, 420 read with 34 of Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, case pending on the file of the Hon'ble XXIX Additional Chief Judicial Magistrate, Bengaluru, Mayo Hall, Bengaluru, in the interest of justice.” 2. Heard learned counsel for the petitioners and 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:24587 CRL.P No. 9325 of 2025 3. A perusal of the material on record will indicate that respondent No.2 – complainant filed a complaint before respondent No.1 police in PCR No.57286/2022 (Crime No.335/2022), which culminated in C.C.No.50470/2024 before the Trial Court, for the offences punishable under Sections 498A, 504, 506, 323, 420 r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. Further, the matrimonial dispute filed by respondent No.2 and the 1st petitioner in M.C.No.2440/2025 ended up in settlement, wherein both parties settled the matrimonial dispute with mutual consent. 4. The Memorandum of Settlement entered between the petitioner and respondent No.2 before the Family Court, Bengaluru, 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 Petitioners have filed a joint petition under Section 13-B of the Hindu Marriage Act, for dissolution of their marriage by mutual consent. The statutory period of six months has been waived of by the Hon'ble court vide its order dated 21.04.2025. - 4 - HC-KAR NC: 2025:KHC:24587 CRL.P No. 9325 of 2025 II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of Mediation, the petitioners along with their counsel were present and have resolved their dispute on the following terms and conditions: 1. The petitioners are Hindus by religion and they state that their marriage was solemnized on 25.02.2018 at Omkar Shubam Garden, Khanapur, Jamboti Road, Khanapur, Belagavi District, as per Hindu rites and customs. Subsequently, the said marriage was registered on 01.03.2018 before the Marriage Registrar, Khanapur, Belagavi vide Certificate No.KHP-HM519-2017-18 stored in C.D No.KHPM21. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately from 03.01.2022. The efforts made by the elders, friends and well-wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion amongst them. Hence, the petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually. 3. Both the parties state that they have a son by name Master Anvit M.T, aged about 2 years 11 month, presently under the care and custody of the 1st petitioner/mother and shall continue to be so in future for which the 2nd petitioner / father has no objection. - 5 - HC-KAR NC: 2025:KHC:24587 CRL.P No. 9325 of 2025 4. The 2nd petitioner has agreed to pay a sum of Rs.25,00,000/-(Rupees Twenty Five Lakhs Only) to the 1st petitioner towards maintenance/permanent alimony as full and final settlement of all her claims. The said amount will be payable by way of Manager's Cheque/demand draft bearing No.000192 ref No.009832508798 dated 22.04.2025 drawn on HDFC Bank, Banashankari 5th Stage Branch, Bengaluru before the Hon'ble Court at the time of reporting settlement. 5. The 2nd petitioner has agreed to return bed, matries, fridge, washing machine, other house hold articles to the 1st petitioner on 23.04.2025. The 1st petitioner has agreed for the same. 6. The 1st petitioner has agreed to cooperate with the 2nd petitioner for the closure / quashment of the CC No.50470/2024 which is pending before 29th ACJM, Bengaluru. 7. In view of the amicable settlement the 1st petitioner has given up her rights, title and interest over the jointly purchased site under registered sale deed dated 02.03.2019 bearing document No.NMG-1-13701/2018-19 vide CD No.NMG508 in favour of the 2nd petitioner by executing Release Deed. 8. Both petitioners state that they have no claims over the movable or immovable properties belonging to each other, either existing or to be acquired in future. - 6 - HC-KAR NC: 2025:KHC:24587 CRL.P No. 9325 of 2025 9. The petitioners further agree that they have no other claims of whatsoever manner against each other either past, present or future. 10. The petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner. 11. Both the parties admit that they shall not interfere in the lives of each other in future. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 25.02.2018 at Omkar Shubam Garden, Khanapur, Jamboti Road, Khanapur, Belagavi District and cancel the marriage certificate registered on 01.03.2018 before the Marriage Registrar, Khanapur, Belagavi vide certificate No.KHP-HM519-2017-18 stored in C.D No.KHPM21, in terms of the aforesaid agreement. IV. The petitioners will appear on 23.04.2025 before the Hon'ble Court for passing appropriate orders in terms of the agreement.” 5. The order dated 23.04.2025 passed by the II Addl. Prl. Judge, Family Court, Bengaluru, reads as under: “Case advanced. Mediation report received as settled. - 7 - HC-KAR NC: 2025:KHC:24587 CRL.P No. 9325 of 2025 Petitioners and their learned counsel are present before the court. On enquiry both the petitioners submit they have entered into Memorandum of Settlement and they admit the contents Memorandum of Settlement. After hearing and enquiry this court is convinced that the settlement entered into between the parties is voluntary without any undue influence and free consent. I have gone through the Memorandum of Settlement entered into between the parties. Having satisfied that memorandum of settlement between the petitioners is voluntary influence without any undue and coercion, Memorandum of Settlement entered into between the petitioners is hereby accepted. The 2nd Petitioner has agreed to pay a sum of Rs.25,00,000/- (Rupees Twenty five lakhs only) to the 1st Petitioner towards maintenance / permanent alimony as full and final settlement of all her claims. The said amount will be payable by way of Manager's Cheque /DD bearing No. 000192, dated 22.04.2025, drawn on HDFC Bank, before the Hon'ble Court at the time of reporting settlement. 2nd Petitioner has agreed to return bed, matries, fridge, washing machine, other household articles to the 1st Petitioner on 23.04.2025. The 1st petitioner has agreed for the same. In view of the amicable settlement the 1st Petitioner has given up her rights, title and interest the jointly purchased site under registered sale deed dated 02.03.2019 bearing document No. NMG-1-13701/2018-19, Vide - 8 - HC-KAR NC: 2025:KHC:24587 CRL.P No. 9325 of 2025 CD.No.NMG508 in favour of the 2nd petitioner by executing Release deed. In view of the settlement between the petitioners the above case stands disposed off in terms of the settlement. The marriage of the petitioners was solemnized on 25.02.2018 at Omkar Shubam Garden, Khanapur, Jamboti Road, Khanapur, Belagavi District as per Hindu rites and customs. Subsequently, the said marriage was registered on 01.03.2018 before the Marriage Registrar, Khanapur, Belagavi vide certificate No.KHP-HM19-2017- 18, Stored in CD.No.KHPM21, is hereby dissolved by granting decree of divorce. Memorandum of settlement or agreement shall form part of the decree. Draw decree accordingly.” 6. In view of the aforesaid facts and circumstances and the fact that the petitioner-accused No.1 and respondent No.2 – complainant have settled the matrimonial dispute, continuation of criminal proceedings against the petitioners would amount to abuse of process of law and the same deserves to be quashed. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. - 9 - HC-KAR NC: 2025:KHC:24587 CRL.P No. 9325 of 2025 (ii) The impugned proceedings in C.C.No.50470/2024 (arising out of PCR No.57286/2022, Crime No.335/2022 registered by respondent No.1-Police), pending on the file of the XXIX Addl. Chief Judicial Magistrate, Mayohall, Bengaluru, insofar as the petitioners – accused Nos.1 and 2 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 27