- 1 - HC-KAR NC: 2025:KHC:35251 CRL.P No. 11028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11028 OF 2025 BETWEEN: 1. NAVEEN. C S/O. LATE CHIKKATHIMMAIAH, NOW AGED ABOUT 32 YEARS, NO-754, 2ND CROSS, NEAR SANESHWARA TEMPLE, VERABHADRA NAGARA, BSK 3RD STAGE, BENGALURU-560085. 2. JAYANTH KUMAR C S/O. LATE CHIKKATHIMMAIAH, NOW AGED ABOUT 29 YEARS, NO-754, 2ND CROSS, NEAR SANESHWARA TEMPLE, VERABHADRA NAGARA, BSK 3RD STAGE, BENGALURU-560085. 3. SMT. YASHODHA C W/O RAVIKUMAR, NOW AGED ABOUT 39 YEARS, NO.179, OLD NO,E-12, BHEEMANA KRUPPE, RAMOHALLI, KENGERI, BENGALURU-560074. 4. RAVIKUMAR.S S/O.SIDDAGANGAIAH, NOW AGED ABOUT 44 YEARS, NO.179, OLD NO, E-12, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35251 CRL.P No. 11028 of 2025 BHEEMANA KRUPPE, RAMOHALLI, KENGERI, BENGALURU-560074. 5. SMT. MUNIRATHNAMMA B.N. W/O.MUNIRAJA P.M, NOW AGED ABOUT 44 YEARS, NO.747/R, 1ST CROSS ROAD, NEAR AK COLONY, DODDABOMMASANDRA, BENGALURU-560097. 6. SMT. MAHALAKSHMI C W/O.CHANDRASHEKAR, NOW AGED ABOUT 36 YEARS, NO.233,7TH CROSS, 3RD MAIN, YADALAMMA NAGARA, SUBRAMANYAPURA, BENGALURU-560061. …PETITIONERS (BY SRI. K. A. CHANDRASHEKARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF WEST WOMEN POLICE STATION, BENGALURU CITY-560023, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560091. 2. SMT. KAVYASHREE G W/O NAVEEN, NOW AGED ABOUT 29 YEARS, NO.323/1, 12TH A MAIN, 6TH BLOCK, RAJAJI NAGARA, BENGALURU -560010. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1 ; R2 SERVED) - 3 - HC-KAR NC: 2025:KHC:35251 CRL.P No. 11028 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.36218/2024 BEFORE THE LEARNED XXIV A.C.J.M AT BENGALURU FOR THE OFFENCE P/U/S 498A, 323, 504, 506 R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the in-laws seeking quashing of the proceedings pending in CC No. 36218/2024. 2. Despite service of notice on Respondent No. 2/wife, she has not chosen to contest this petition. It appears that she has no reason to do so, as her marriage with Petitioner No.1/husband has already been dissolved by MC No. 7106/2024. Pursuant to the dissolution, the husband has paid a sum of Rs. 3,00,000/- (Rupees Three Lakhs Only) to the second respondent/complainant. 3. Though Respondent No. 2 had earlier agreed to cooperate for the quashing of the proceedings pending in CC No. 36218/2024, it is regrettable that she has not appeared before this Court despite having accepted the - 4 - HC-KAR NC: 2025:KHC:35251 CRL.P No. 11028 of 2025 divorce decree and received Rs. 3,00,000/-. In her absence, this Court is of the view that the present case warrants indulgence under Section 482 of the Cr.P.C. 4. Heard the learned counsel for the petitioner and the learned HCGP appearing for Respondent No. 1. 5. Before proceeding further, this Court considers it appropriate to extract Paragraphs 4 to 11 of the Memorandum of Settlement entered into before the Mediation Centre, which read as follows: "4. The 1st petitioner has agreed to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the 2nd Petitioner towards all her claims of permanent alimony/maintenance as full and final settlement. Out of which the 1st petitioner has agreed to Rs.2,00,000/- (Rupees Two Lakhs Only) by way of Demand Draft bearing No.572451, Dated: 13.11.2024, Drawn on Bank of Baroda, Girinagar Branch, Bengaluru and remaining Balance of Rs.1,00,000/- (Rupees One Lakhs Only) will ne paid by way of RTGS transfer to the 2nd petitioner on or before Hon'ble Court. The Demand Draft will be handed over to the 2nd petitioner at the time of settlement before the Hon'ble Court. - 5 - HC-KAR NC: 2025:KHC:35251 CRL.P No. 11028 of 2025 5. Both petitioners state that they have already exchanged their articles given or taken at the time of their marriage and as such they have no claims in this regard. 9. The petitioners further agree that they have no other claim of whatsoever manner against each other either past, present or future. 10. Both the petitioners state that they have no claims over the movable or immovable properties either existing or to be acquired in future. 11. In view of this settlement agreement, the 2nd petitioner has agreed to co-operate to closure/quashing the proceedings in C.C.36218/2024 pending before the Hon'ble XXIV Additional Chief Judicial Magistrate, Bengaluru filed under section 498A, 323, 504, 506 of IPC r/w section 3 & 4 of DP Act., against the 1st petitioner and family members." (emphasis supplied by me) 6. This Court also considers it appropriate to extract the relevant portion of the order sheet, wherein the Family Court has recorded its acceptance of the settlement reached before the Mediation Centre and has dissolved the marriage by its Order dated 21.11.2024. The relevant portion is extracted as follows: - 6 - HC-KAR NC: 2025:KHC:35251 CRL.P No. 11028 of 2025 "As per KMC report, the 1st petitioner has agreed to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) to the 2nd petitioner towards permanent alimony. Out of which the 1st petitioner has agred to Rs.2,00,000/- (Rupees Two Lakhs Only) by way of DD bearing No.572451, dtd.13.11.2024, drawn on Bank of Baroda, Girinagar Branch, Bengaluru and remaining balance of Rs.1,00,000/- (Rupees One Lakhs Only) is paid by way of RTGS transfer to the 2nd petitioner on or before Hon'ble Court. The 2nd petitioner acknowledges the same. 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 10.12.2021 at Radha Manjunatha Kalyana Mantapa, situated at No.8/4, Hosahalli Main Road, Gollarhatti, Vishwaneedam Post, Magadi Main Road, Bengaluru, as per Hindu rites and customs is dissolved by granting decree of divorce. Memorandum of settlement or agreement shall form part of the decree." 7. In view of the settlement, this Court is of the considered opinion that Respondent No. 2/wife, having voluntarily come forward to bring a final resolution to the family dispute, and having accepted a sum of - 7 - HC-KAR NC: 2025:KHC:35251 CRL.P No. 11028 of 2025 Rs. 3,00,000/- (Rupees Three Lakhs Only) while securing the dissolution of her marriage with the husband, has manifested her willingness to put the matter to rest. In such circumstances, allowing the criminal proceedings pending in CC No. 36218/2024 to continue would serve no purpose and may, in fact, amount to an abuse of the process of law. 8. It is further observed that the marriage between the parties has already been legally dissolved, there are no allegations of heinous or grave crimes, and the dispute primarily concerns familial and domestic matters. Considering the above, and in order to prevent the misuse or abuse of judicial process, this Court deems it just and proper to quash the proceedings pending in CC No. 36218/2024, having regard to the settlement recorded in the matrimonial dispute. 9. For the foregoing reasons, this Court passes the following: - 8 - HC-KAR NC: 2025:KHC:35251 CRL.P No. 11028 of 2025 ORDER (i) The petition is allowed. (ii) The proceedings pending in CC No. 36218/2024 on the file of the learned XXIV Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 498- A, 323, 504, 506 read with Section 34 of the Indian Penal Code, and Sections 3 and 4 of the Dowry Prohibition Act, are hereby quashed in entirety. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 84