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2025 DAILYLAW 67138 (KAR)

MR JAGADEESH JAYACHANDRAN v. STATE OF KARNATAKA

CRL.P/5466/2022 · 2025-07-31

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29725 CRL.P No. 5466 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 5466 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR JAGADEESH JAYACHANDRAN S/O MR. JAYACHANDRA AGED 34 YEARS R/AT MATRUSRI NILAYA DEVARAJ URS ROAD, VIDYANAGAR HASSAN - 573 201 2. MR. JAYACHANDRA AGED 67 YEARS S/O LATE CHALUVAIAH R/AT MATRUSRI NILAYA DEVARAJ URS ROAD VIDYANAGAR, HASSAN - 573 201 3. MRS. HARINI W/O JAYACHANDRA AGED 59 YEARS R/AT MATRUSRI NILAYA DEVARAJ URS ROAD, VIDYANAGAR HASSAN - 573 201 4. MR. LOHITH S/O JAYACHANDRA AGED 31 YEARS PRESENTLY R/AT 460, 1ST FLOOR, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29725 CRL.P No. 5466 of 2022 1ST CROSS, 1ST MAIN, VINAYAKA LAYOUT, WHITEFIELD BENGALURU - 560 066 …PETITIONERS (BY SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MYSURU CITY WOMEN PS REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 2. MRS. SUSHMITHA AGED 28 YEARS W/O JAGADEESH JAYACHANDRA R/A 617, 4TH CROSS, I BLOCK RAMAKRISHNA NAGAR, MYSURU - 570 022 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.B.E.SHREEDHARA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.24/2022 OF MYSURU CITY WOMEM P.S. FOR THE OFFENCE P/U/S 498A,504,506 R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT, 1961 PENDING ON THE FILE OF THE 7TH ADDL.CIVIL JUDGE AND J.M.F.C COURT, JLB ROAD, MYSURU CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:29725 CRL.P No. 5466 of 2022 ORAL ORDER Petitioner No.1/respondent No.2 and their respective counsel are present. However, petitioner Nos.2 to 4 are not present. 2. Learned High Court Government Pleader for respondent No.1 State also present. 3. Learned counsel for petitioners have filed joint compromise petition in the form of I.A.No.1/2025 under Section 528 r/w 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, duly signed by the parties. The terms and conditions of the joint compromise reads as under: "The Petitioner No.1 and Respondent no.2 most humbly submit as follows:- 1. The Petitioners herein have preferred the above petition for quashing the FIR in Crime No. 24/2022 of Mysuru City Women Police Station for the offences punishable under Sections 498A,504,506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 now pending as C.C. No. 13/2025 on the file of 7th Addl Civil Judge and JMFC Court, JLB Road Mysuru City in so far as the petitioners are concerned. - 4 - HC-KAR NC: 2025:KHC:29725 CRL.P No. 5466 of 2022 2. Upon taking the advice of well-wishers and elders, both the parties have agreed to resolve the dispute between them. Therefore, both the parties have agreed for quashing the FIR in Crime No. 24/2022 of Mysuru City Women Police Station for the offences punishable under Sections 498A,504,506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 now pending as C.C. No. 13/2025 on the file of 7th Addl Civil Judge and JMFC Court, JLB Road Mysuru City in the interest of both the parties. 3. The parties have agreed to settle the disputes between them on the following terms and conditions: (a) A sum of Rs.25,00,000/- is paid by the Petitioner to Respondent No.2 and their child, out of the said amount, Rs. 15,00,000/- vide DD No. 581232 drawn on State Bank of India ACB Branch, Hassan shall be for Respondent No.2/wife towards permanent alimony and Rs.10,00,000/- vide DD No. 581234 drawn on State Bank of India ACB Branch, Hassan shall be for the child (Master. Shaurya) for his future needs and his welfare. (b) A sum of Rs. 50,000/- shall be paid by the Petitioner to the child (Master. Shourya) every academic year (June) commencing from 2026 towards school expenses till he attains majority. The above said amount will be paid in two intervals. Further there shall be no scope for enhancement of the above said amount. (c) The said amount shall be towards full and final settlement of all the claims of Respondent No.2. Respondent No.2 undertakes not to make any further claims against any of the Petitioners. (d) Respondent No.2 has consented to withdraw the criminal case in C.C. 13/2025 arising out of FIR in Crime No. 24/2022 of Mysuru City Women Police - 5 - HC-KAR NC: 2025:KHC:29725 CRL.P No. 5466 of 2022 Station for the offences punishable under Sections 498A,504,506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. (e) Petitioner No.1 and Respondent No.2 agreed to file application under Section 13B of Hindu Marriage Act seeking decree of divorce on mutual consent in MC No. 1144/2022 pending on the file of Family Court, Mysore. 4. Further Respondent No.2 has agreed to withdraw the following cases filed against petitioner No.1 : Case Number Act/Section Current Court / Status Crl.Misc. 445/2021 Section 125 Cr.P.C Prl. Family Court at Mysore (Pending) Misc. 205/2022 Section 12 of DV Act I Addl. Civil Judge and JMFC, Mysore (Pending) Crl. Misc. 158/2025 Recovery of Arrears granted in Crl.Misc 445/2021 Prl. Family Court at Mysore (Pending) 5. Petitioner No.1 and Respondent No.2 agree that there will be no further monetary claims or compensation and no further demands whatsoever against each other and no such claims or counter claims shall be made against each other. There shall be no further claims regarding movables and immovables belonging to each other. 6. The respondent has agreed to provide visitation rights of their son Master Shaurya Gowda and custody of their child on special occasions to the petitioner. The visitation of the child will be once in 15 days. 7. This compromise is entered between the parties voluntarily and out of their own free will. There is no coercion or undue influence by anybody. - 6 - HC-KAR NC: 2025:KHC:29725 CRL.P No. 5466 of 2022 WHEREFORE, In view of the aforesaid agreement entered into between parties, the parties pray that this Hon'ble Court may kindly be pleased to allow the petition and quash the proceedings in C.C. No. 13/2025 on the file of 7th Addl Civil Judge and JMFC Court, JLB Road Mysuru City arising out of FIR in Crime No. 24/2022 of Mysuru City Women Police Station for the offences punishable under Sections 498A,504,506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 in the interest of justice and equity." 4. Respondent No.2/complainant admit the compromise and submits that she has no objection to allow the petition and compound the offences. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed by petitioners/accused Nos.1 to 4 under Section 482 Cr.P.C is allowed. (ii) The criminal proceedings in FIR in Cr.No.24/2022 of Mysuru City Women Police Station, on the file of 7th Addl.Civil - 7 - HC-KAR NC: 2025:KHC:29725 CRL.P No. 5466 of 2022 Judge and JMFC Court, JLB Road, Mysuru, for the offences punishable under Sections 498-A, 504, 506 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 is hereby quashed. In view of disposal of the petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 35