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2025 DAILYLAW 56547 (KAR)

PAVAN KUMAR C v. STATE BY RAJARAJESHWARI POLICE STATION

CRL.P/11092/2025 · 2025-09-08

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35439 CRL.P No. 11092 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11092 OF 2025 BETWEEN: 1. PAVAN KUMAR C. AGED ABOUT 33 YEARS S/O. CHANDRASHEKAR V., R/AT NO.1440, 4TH CROSS 6TH MAIN, 5TH STAGE BEMEL LAYOUT, R.R. NAGAR, BENGALURU - 098 2. CHANDRASHEKAR V, AGED ABOUT 64 YEARS S/O. SUBBAIAH V., R/AT NO.1440, 4TH CROSS 6TH MAIN, 5TH STAGE BEMEL LAYOUT, R.R. NAGAR, BENGALURU - 098 3. MRS. CHUDAMANI V. W/O. NANJUNDIAH AGED ABOUT 60 YEARS R/AT NO. MARIKAMBA TEMPLE ROAD, MALUR TQ, KOLAR DIST - 563 130 …PETITIONERS (BY SRI. MAHENDRA GOWDA C.R., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35439 CRL.P No. 11092 of 2025 AND: 1. STATE BY RAJARAJESHWARI POLICE STATION BANGALORE REP. PUBLIC PROSECUTIOR KARNATAKA HIGH COURT OF KARNATAKA, BENGALURU - 560 092 2. HARIKA V. D/O. LATE N. VEERENDRA R/AT NO.201/A, 7TH C MAIN ROAD, RPC LAYOUT, VIJAYANAGARA, BANGALORE - 560 104, …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. B.A. CHANDRASHEKAR, ADV. FOR R2) THIS CRL.P IS FILED U/S.482 OF (FILED U/S.528 BNSS) CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH AND SET ASIDE ENTIRE CRIMINAL CASE IN CC NO.26623/2023 ON THE FILE OF THE XLVI ACMM AT BANGALORE AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 354, 201, 34 OF IPC READ WITH SECTIONS 3 AND 4 OF THE D.P ACT PRODUCED AT ANNEXURE A AND B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35439 CRL.P No. 11092 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners call in question the proceedings in C.C.No.26623/2023 registered for an offence punishable under Sections 498A, 354, 201, 34 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Heard Sri. Mahendra Gowda C.R., learned counsel appearing for the petitioners, Sri. Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Sri. B.A. Chandrashekar, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The parties to the lis were also before the Family Court in M.C.No.2278/2025 and have settled the dispute amongst themselves before the Family Court by terms of settlement. One of the term of the settlement is, closure of the present proceedings. The said term in the settlement reads as follows: - 4 - HC-KAR NC: 2025:KHC:35439 CRL.P No. 11092 of 2025 "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. I. The petitioners have filed this joint petition under Section 13-B of the Hindu Marriage Act for dissolution of their marriage by mutual consent. II. This Hon'ble court has waived off the six months mandatory waiting period by it's vide order dated 11.04.2025. III. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the parties have resolved their disputes and have agreed to the following terms and conditions: 1.The petitioners are Hindus by religion and their marriage was solemnized on 24.11.2021 at Elaan Convention Center, Bengaluru as per Hindu rites and customs. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners are living separately from 1st April 2022. The efforts made by the elders, friends well-wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion between them. The parties are a vare that their marriage is irretrievably broken down and there is no chance of them living under one roof as husband and wife. Hence, the petitioners have decided to get the marriage between them dissolved by a decree of divorce mutually. 3. Both the parties state that they have no children born to them from this marriage. - 5 - HC-KAR NC: 2025:KHC:35439 CRL.P No. 11092 of 2025 4. In view of the settlement the 1st petitioner has agreed to pay-a sum of Rs.40,00,000/- (Rupees Forty Five Lakhs Only) to the 2rd petitioner towards all her claims of permanent alimony/maintenance as full and final settlement which will be paid as follows: a) A sum of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) will be paid by way of Demand Draft bearing No.46546 dated: 29.04.2025 drawn on Axis Bank, Bengaluru and the same will be handedover to the 2nd petitioner before this Hon'ble Court. b) A sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) will be paid by way of Demand Draft bearing No.502986 dated: 24.04.2025 drawn on ICIC Bank, Bengaluru. c) A sum of Rs.5,00,000/- (Rupees Five Lakhs Only) will be paid by cash to the 2nd petitioner at the time of reporting settlement before this Hon'ble Court. 5. The 2nd petitioner undertakes to co-operate in quashing/closure before the Hon'ble High Court of Karnataka to have the C.C.26623/2022 pending before the 46th ACMM., Bengaluru quashed/closed. 6. The 1st petitioner undertakes to pay the remaining balance of Rs.5,00,000/- (Rupees Five Lakhs Only) will be paid by Demand Draft bearing No.464547 dated: 29.04.2025 drawn on Axis Bank, Bengaluru, before the Hon'ble High Court of Karnataka. 7. 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. 8. Both the petitioners declare that they have no claims whatsoever over the movable or immovable properties either existing or to be acquired in future in any manner. - 6 - HC-KAR NC: 2025:KHC:35439 CRL.P No. 11092 of 2025 9. Both the petitioners further agree that they have no other claims of whatsoever manner against each other either past, present or future. 10. Both petitioners undertake not to pursue any other cases / complaints if any against each other before any other forum. 11. Both 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. 12. Both the petitioners admit that they shall not interfere in-the lives of each other in future nor post any material on social media or use the same if in possession so as to defame or bring disrepute to each other. IV. 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 24.11.2021 at Elaan Convention Center, Bengaluru and pass a decree and judgment in terms of the aforesaid agreement by way of mutual consent. V. Parties will appear on 29.04.2025 before the Hon'ble Court for passing orders in terms of the agreement." 4. Learned counsel appearing for the petitioner hands over a sum of Rs.5.00 lakhs to respondent No.2. 5. The same is acknowledged by respondent No.2. - 7 - HC-KAR NC: 2025:KHC:35439 CRL.P No. 11092 of 2025 6. Learned counsel appearing for the petitioners has filed an affidavit of undertaking that the petitioners would not post any objectionable videos of respondent No.2 in any social media platform or in any form. The affidavit reads as follows: "We Mr. Chandrashekar V, S/O. Venkataswamy.S Aged about 64 years, No. 1440, 4th Cross, 6th Main, 5th Stage, BEMEL Layout, R.R. Nagar Bangalore - 098 and 2. Mrs. Chudamani V. W/o. Nanjundaiah, Aged about 60 years, R/a, Marikamba, Temple Road, Malur Tq, Kolar Dist - 563130 now in Bangalore do hereby solemnly state on oath and affirm as follows: 1. We state that we are the second and third petitioners respectively before this Honourable Court. 2. We state that the disputes between first petiiotner and second respondent are settled before the Bangalore Mediation Centre in the matrimonial dispute. 3. We state that we are not in possession of any videos or any other objectionable material pertaining to the second respondent. 4. We state that, as we are not in possession of any such videos, we will not circulate or broadcast them by any means. 5. We state that we undertake to abide by the undertaking given in this affidavit before this Honourable Court. 6. We state that what is stated above is true and corrected to the best of our knowledge information belief and faith." 4. In light of the settlement arrived at between the parties as afore-quoted, I pass the following: - 8 - HC-KAR NC: 2025:KHC:35439 CRL.P No. 11092 of 2025 ORDER i. Criminal Petition is disposed. ii. Proceedings against the petitioners in C.C.No.26623/2023 pending before the XLVI ACMM, Bangalore, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 21