- 1 - NC: 2025:KHC-D:6876 CRL.P No. 103316 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103316 OF 2022 BETWEEN: 1. SRI. SHREYAS SAMRAKSH J S/O. K. JAYAPRAKASH, AGE: 35 YEARS, OCC: EMPLOYED, R/O: 54/B K. M. ROAD, MEGALPETE, TQ: MUDIGERE, DIST: CHIKKAMAGALURU – 577 132. 2. SRI K. JAYAPRAKASH S/O. LATE KESHAVAMURTHY, AGE: 69 YEARS, OCC: NIL, R/O: 54/B K. M. ROAD, MEGALPETE, TQ: MUDIGERE, DIST: CHIKKAMAGALURU – 577 132. 3. SMT. SUNITHA C. G. W/O. K. JAYAPRAKASH, AGE: 69 YEARS, OCC: NIL, R/O: 54/B K. M. ROAD, MEGALPETE, TQ: MUDIGERE, DIST: CHIKKAMAGALURU – 577 132. …PETITIONERS (BY SRI. K. L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH CHITAVADAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. 2. SMT. AKSHATHA KATTIMANI W/O. SHREYAS SAMRAKSH, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6876 CRL.P No. 103316 of 2022 AGE: 30 YEARS, OCC: HOUSEWIFE, R/O. ANKITHA H.NO.290/1, NEAR OLD GANESH GAS GODOWN, OPP. GOVT PRIMARY SCHOOL, AMARAVATHI, HOSAPETE, DIST: VIJAYANANGARA – 583 201. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. ARUN L. NEELOPANT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER 82 OF CR.P.C., SEEKING TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS IN CHITTAVADAGI POLICE STATION CRIME NO.25/2022 WHICH IS NUMBERED AS CC NO.2335/2022 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC, HOSAPETE FOR OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 323, 504, 506 READ WITH SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 to 3 under Section 428 of the Code of Criminal Procedure praying to quash the proceedings in C.C. No.2335/2022 pending on the file of the learned III Additional Civil Judge and JMFC, Hosapete, registered for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’, - 3 - NC: 2025:KHC-D:6876 CRL.P No. 103316 of 2022 for short) and Sections 3 and 4 of the Dowry Prohibition Act (hereinafter referred to as the ‘DP Act’, for short) arising out of Crime No.25/2022 of Chittavadagi Police Station. 2. On the complaint by respondent No.2, a case came to be registered against the petitioners in Crime No.25/2022 of Chittavadagi Police Station against the petitioners for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of IPC and Sections 3 and 4 of DP Act. After investigation, charge- sheet has been filed against the petitioners for the aforesaid offences. On the basis of the charge-sheet, a case came to be registered against the petitioners in C.C. No.2335/2022 and it is pending on the file of the learned III Additional Civil Judge and JMFC, Hosapete. The proceedings of the said case are sought to be quashed in the present petition. 3. An application under Section 528 read with Section 359 of BNSS (under Section 482 read with Section - 4 - NC: 2025:KHC-D:6876 CRL.P No. 103316 of 2022 320 of Cr.P.C.) is filed and it is signed by petitioner Nos.1 to 3 and respondent No.2 and their respective counsel. The parties have settled the dispute and memorandum of settlement has been drawn before the Mediation Centre. Terms of settlement contained in the said memorandum of settlement are as under: 4. The respondent has agreed to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the petitioner towards all her claims of permanent alimony/maintenance in full and final one time settlement and education, maintenance and welfare of the child by way of following manner: a) An amount of Rs.10,00,000/- (Rupees Ten Lakhs only) will be paid to the petitioner at the time of withdrawing the Crl. Misc.760/2022, pending before the Court of PRL CIVIL JUDGE AND JMFC COURT, HOSAPETE. b) An amount of Rs.10,00,000/- (Rupees Ten Lakhs only) will be paid to the petitioner at time of quashing the Crl.P.No.103316/2022, pending before the Hon’ble High Court of Karnataka, Dharwad Bench. c) An amount of Rs.5,00,000/- (Rupees Five Lakhs only) will be paid to the petitioner at time of reporting in settlement in M.C. 5100/2023, pending on the file of Principal Judge Family Court at Bengaluru. 5. Respondent No.2 is present before the Court and submits that she has already received Rs.10,00,000/- - 5 - NC: 2025:KHC-D:6876 CRL.P No. 103316 of 2022 from the petitioners in terms of Clause a) of Para 4 of the Memorandum of Settlement. The petitioners have handed over the DD drawn in the name of respondent No.2 in a sum of Rs.10,00,000/- dated 22.04.2025 drawn on ICICI bank, Hospete, bearing No.501813 in terms of Clause b) of para 4 of the Memorandum of Settlement. Respondent No.2 acknowledges the receipt of the said DD. Respondent No.2 submits no objection for quashing the proceedings of the criminal case registered against the petitioners. 6. In view of the settlement, the proceedings registered against the petitioners in C.C. 2335/2022 pending on the file of the learned III Additional Civil Judge and JMFC, Hosapete, are quashed. Accordingly, the petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE kmv CT-ASC