- 1 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10460 OF 2025 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 6640 OF 2022 (482(Cr.PC) / 528(BNSS) IN CRL.P No. 10460/2025 BETWEEN: MOHAN KUMAR V S/O. A.E VENKATESHAIAH, AGED ABOUT 35 YEARS, R/AT NO.09. NEAR ANJANEYA TEMPLE SLN EXTENSION, THIPPENAHALLI NAGASANDRA POST, TUMKURU ROAD BENGALURU – 560 073. …PETITIONER (BY SRI. M.R.VIJAYKUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJAGOPAL NAGAR POLICE STATION, BENGALURU. REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING, AMBEDKAR VEEDHI BENGALURU-560 001. 2. SMT. NANDINI W/O. MOHAN KUMAR, AGED ABOUT 26 YEARS, NO-62, 8TH CROSS ROAD, RAJAJESHWARINAGAGAR, LAGGERE, BENGALURU-560 058. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SRI. K.H. THIMMAIAH, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ANNEXURE A, SPL.C.C.NO.1442/2022 ON THE FILE OF THE CITY CIVIL AND SESSIONS JUDGE (CCH-71) AT BENGALURU REGISTERED BY THE RESPONDENT NO.1 POLICE FOR THE OFFENCE P/US/ 498-A,504,323,506,34 OF IPC AND SEC.3,4 OF DP ACT 1961 AND SEC.3(1)(r),3(1)(s) OF SC/ST (POA) ACT. IN CRL.P NO. 6640/2022 BETWEEN: 1. JAYALAKSHMI W/O A E VENKATESH AGED 35 YEARS R/AT 539, 8TH MAIN ROAD BHUVANESHWARI NAGAR DASARAHALLI BENGALURU – 560 057. 2. GANGAMMA W/O VENKATESHAIAH AGED 60 YEARS R/AT 9, NEAR ANJANEYA TEMPLE S L N LAYOUT THIPPENAHALLI NAGASANDRA POST TUMKUR ROAD BENGALURU – 560 073. 3. VENKATESHAIAH S/O LATE NARASIMHAIAH AGED 65 YEARS R/AT 9, NEAR ANJANEYA TEMPLE S L N LAYOUT THIPPENAHALLI NAGASANDRA POST TUMKUR ROAD BENGALURU – 560 073. ...PETITIONERS (BY SRI. SHIVAMURTHI.A.R, ADVOCATE) AND: 1. STATE BY RAJAGOPAL NAGAR POLICE STATION BENGALURU REP BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. - 3 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 2. SMT. NANDINI W/O MOHAN KUMAR AGED 26 YEARS NO.62, 8TH CROSS ROAD RAJAJRESHWARI NAGAR, LAGGERE BENGALURU - 560 058. ...RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SRI. K.H. THIMMAIAH, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ANNEXURE-A THE COMPLAINT DATED 18.04.2022 AND ANNEXURE-B THE FIR IN CR.NO.119/2022, DATED 18.04.2022, REGISTERED BY THE RAJAGOPALANAGARA, P.S., FOR THE OFFENCE P/U/S 498A,504,323,506,34 OF IPC AND SEC.3,4 OF D.P ACT AND SEC.3(1)(r)(s) OF SC/ST (POA) ACT AND ETC. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In Crl.P.No.10460/2025, petitioner seeks for the following reliefs: “(i) To quash. Annexure-A, SPL.C C. No 1442/2022 on the file of the city civil and session Judge (CCH-71) At Bengaluru registered by the Respondent No.1 Police for the offences punishable under section 498-A, 504, 323, 506, 34 of IPC and 3 and 4 of Dowry Prohibition Act, 1961, and Section 3(1)(r) 3(1) (s) of SC and ST (Prevention of Atrocities) in the interest of justice. - 4 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 (ii) Grant any other order and such other and further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice.” In Crl.P.No.6640/2022, petitioners seek for the following reliefs: “WHEREFORE, it is most respectfully prayed that this Hon'ble Court, be pleased to quash Annexure-A, the complaint dated 18-04-2022, and Annexure-B, the FIR in Crime No.119 of 2022, dated 18-04-2022, registered by the Rajagopalanagara Police Station for the offences under section 498-A, 504, 323, 506, 34 of IPC and 3 and 4 of Dowry Prohibition Act, 1961, and Section 3(1)(r) 3(1) (s) of SC and ST ( Prevention of Atrocities) and Annexure- C, the respondent No.1 submitted to charge sheet before the LXX Addl. City civil and session Judge, Special Judge (CCH-71) At Bengaluru, SPI C C No 1442/2022 on the file of the City civil and session Judge (CCH-71) At Bengaluru, the pending against the petitioners herein, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for 2nd respondent – complainant have filed I.A.No.1/2025 along with Joint Affidavit duly signed by the petitioner in Crl.P.No.10460/2025 /accused No.1 – Mohan Kumar V, 2nd respondent-Smt.Nandini and their respective counsel and the same is taken on record. - 5 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 3. Respondent No.2, learned counsel for the petitioners and learned counsel respondent No.2 are physically present before the Court and they admit the contents of I.A.No.1/2025 along with Joint Affidavit, which reads as under:- “APPLICATION UNDER SECTION 320(6) OF THE CODE OF CRIMINAL PROCEDURE The petitioners and the respondent No.2 jointly submits as follows:- 1. The petitioners and respondent No.2 are Hindus by religion and they state that their marriage was solemnized on 10.12.2020 at "Devarayana Durga Narasimha Swamy Sannidi", Devarayanadurga, Tumkur District as per Hindu rites and customs. Subsequently, their marriage was registered on 27.02.2020 before the Registrar of Marriages, Gandhinagar (Kacharakanehalli), Bengaluru vide certificate No.KCH-HM353-2019-20 and stored in C.D.No.KCHM15. 2. It is submitted that, due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately since from 13.02.2022. 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 - 6 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 between themselves dissolved by a decree of divorce mutually. 3. It is submitted that both the petitioner and the respondent No.2 state that they have a minor son from the wedlock, by name "Lavith Gowda M.", aged about 4 years who is under the care and custody of petitioner No.2/mother and continues to be so in future for which petitioner No.1/father has no objection. The Petitioner No.1/father has given up his rights at his own volition. 4. It is further submitted that the Respondent No.2/mother has agreed to bear all the day to day expenses of education, medical and other upbringing related expenses of the minor child. 5. It is submitted that, the Petitioner has agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the Respondent No.2 towards all her claims of permanent alimony as full and final settlement and maintenance of the minor child. Out of which a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) is already paid by way of Demand Draft bearing No.697237, Dated: 02.09.2024, Drawn on Canara Bank, Peenya Branch, Bengaluru and the respondent No.2 has acknowledged the receipt of the same. The remaining balance of the Rs.6,00,000/- (Rupees Six Lakhs Only) will be paid by way of Demand Draft bearing. No.291963, Dated: 19.12.2024, Drawn on Canara Bank, Peenya Branch, Bengaluru. The said Demand Draft was handed over to the respondent No.2 at - 7 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 the time of signing of the settlement agreement before the Family Court in MC No. 5728/2024. 6. It is submitted that, both the petitioner and the respondent No.2 have already exchanged their ornaments, Gold and silver articles given or taken at the time of their marriage and as such they have no claims against each other in this regard. 7. It is further submitted that, the petitioner and respondent No.2 further agrees that they have no other claim of whatsoever manner against each other either past, present or future. 8. Both the petitioner and respondent No.2 submits that they have no claims over the movable or immovable properties either existing or to be acquired in future. 9. The respondent No.2 has agreed to withdraw the Crl.Misc.397/2022, pending on the file of II Additional Family Court, Bengaluru against the petitioner. 10. The Respondent No.2 has agreed to quash the proceedings in Special C.C. No.1442/2022, pending on the file of LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru against the Petitioner and his family members that i.e., the Accused No. 2 to 4, the petitioners in Criminal Petition No. 6640/2022. 11. It is further submitted that, the petitioner and the respondent No.2 admit that there is no collusion or force, - 8 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 fraud or any undue influence in entering into this settlement/agreement in the aforesaid manner. 12. It is further submitted that, both the petitioner and respondent No.2 have reached an understanding amongst themselves that they shall not interfere with each other's life. Both parties undertake not to post / share any of their photos/videos/messages/mails etc., taken or shared between them during the subsistence of their marriage, in any social media or otherwise. Wherefore, in view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to quash the entire proceedings in Spl. CC. No. 1442/2022 pending on the file of pending on the file of LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru in the interest of justice and equity. JOINT AFFIDAVIT I, Mohan Kumar V, S/o. Venkateshiah, Aged about 35 years, R/at No.09, near Anjanaya Temple, SLN Extension, Thippenahalli, Nagasandra Post, Tumkur Road, Bengaluru-560073 and Smt. Nandini, W/o. Mohan Kumar V, Aged about 30 years, 8th Cross, Siddalingappa Road, Rajajeshwarinagagar, Laggere, Bengaluru-560058 do hereby No-62 solemnly affirm and state on oath as follows:- - 9 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 1. We state that I am the Petitioner and the Respondent No.2 in the above case and I am well conversant with the facts of the case. Hence, we are swearing to this affidavit together. 2. We state that, whatever stated in Para No. 1 to 12 of the accompanying application are true and correct and we are hereby confirming the averments stating to in the memorandum of settlement in MC No. 5728/2024 produced in the Criminal Petition. I the deponent do hereby declare that what is stated above are all true and correct to the best of my knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioner in Crl.P.No.10460/2025 /accused No.1 and 2nd respondent in both the petitions, I pass the following: ORDER (i) Both petitions are disposed of in terms of I.A.No.1/2025 along with Joint Affidavit dated 25.07.2025. (ii) The proceedings in Spl.C.C.No.1442/2022 (arising out of Crime No.119/2022 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 504, 323, 506 and 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act and Section 3(1)(r), 3(1)(s) of SC and ST (Prevention of Atrocities) Act, pending - 10 - HC-KAR NC: 2025:KHC:28790 CRL.P No. 10460 of 2025 C/W CRL.P No. 6640 of 2022 on the file of LXX Additional City Civil and Sessions Judge and Special Judge (CCH-71), Bengaluru, insofar as the petitioners in both the petitions are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.