- 1 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 9817 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 5605 OF 2023 IN CRL.P No. 9817/2023 BETWEEN: BALAJI PAVAN S/O MURALI KRISHNA AGED ABOUT 37 YEARS OLD NO.(113), 1/1 BDA REVENUE LAYOUT, 3RD A CROSS ITTMADU BSK 3RD STAGE BANGALORE-560085 …PETITIONER (BY SRI. NATARAJA H C, ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION CHIKAMAGALURU SRI GANAPATHI SEVA SAMITHI BUILDING TRUST HANUMANTHAPPA CIRCLE VIJAYAPURA, CHIKKAMAGALURU KARNATAKA-577101 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 2. SMT ANUSHA S W/O SHRI BALAJI PAVAN AGED ABOUT 29 YEARS 159 B, KANNIKA NILAYA CHURCH ROAD, CHICKMAGALURU KARNATAKA-577101 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.I.S.PRAMOD CHANDRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET AS ANNEXURE-A DATED 28.11.2022 SUBMITTED BY CHIKKAMAGALURU WOMEN P.S., UPON THE COMPLAINT LODGED BY THE COMPLAINANT / RESPONDENT NO.1 DATED ON 21.12.2021 WITH THE SECOND RESPONDENT ARISE IN CR.NO.121/2021 AGAINST THE PETITIONER FOR THE ALLGED OFFENCES P/U/S 498A,342 R/W 34 OF IPC 1860 AND ALSO UNDER SEC.3 AND 4 OF THE D.P ACT PENDING ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C AT CHIKKAMAGALURU WITH HEAVY COST BY ALLOWING THIS PETITION. IN CRL.P NO. 5605/2023 BETWEEN: 1. K C MURALI KRISHNA AGED ABOUT 65 YEARS, S/O LATE K. CHALAPATHI 2. SAROJA VANI K.M AGED ABOUT 60 YEARS, W/O K.C. MURALI KRISHNA BOTH ARE RESIDING AT NO.8, GROUND FLOOR, SHANTI NILAYA, 2ND CROSS, - 3 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 17TH MAIN, GIRINAGARA MUNESHWARA BLOCK, BANGALORE-560026. ...PETITIONERS (BY SRI. NATARAJA H C, ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION, CHIKAMAGALURU, REP. BY STATE SENIOR PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560001 2. SMT. ANUSHA S W/O SHRI BALAJI PAVAN AGED ABOUT 29 YEARS, NO.159 B, KANNIKANILAYA, CHRUCH ROAD, CHICKMAGALURU KARNATAKA-577101. ...RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP ROR R1; SRI.I.S.PRAMOD CHANDRA, HCGP FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASHING THE CHARGE SHEET DATED ON 28.11.2022 SUBMITTED BY CHIKKAMAGALURU WOMEN POLICE STATION UPON THE COMPLAINT LODGED BY THE COMPLAINANT/RESPONDENT NO.1 DATED ON 21.12.2021 WITH THE SECOND RESPONDENT ARISE IN CRIME NO.121/2021 AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 342 R/W 34 OF INDIAN PENAL CODE, 1860 AND SECTION 3 AND 4 OF D.P. ACT PENIDNG ON THE FILE OF SENIOR CIVIL JUDGE AND C.J.M., CHIKKAMAGALURU, WITH HEAVY COST BY ALLOWING THIS PETITION. - 4 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Accused Nos.1 to 3 and respondent No.2/complainant and their respective learned counsel are present. 2. These petitions are filed by accused Nos.1 to 3 under Section 482 of Cr.P.C, to quash the criminal proceedings in FIR in crime No.121/2021 of Chikkmagaluru Women PS, for the offences punishable under Sections 498A & 342 r/w Section 34 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act. 3. I.As.No.1/2025 is filed in the form of compromise petition under Section 320 r/w Section 482 of Cr.P.C., supported by joint affidavits of petitioners and respondent No.2/complainant, in both petitions. Respondent No.2/complaiant report the receipt of demand draft of Rs.6,25,000/-. - 5 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 4. The terms and conditions of settlement arrived at between the parties in Crl.P.No.9817/2023 reads as under: "I, Smt. Anusha S, W/o. Shri Balaji Pavan, Aged about 32 years, # 159 B, Kannika Nilaya, Church Road, Chickmagaluru Karnataka- 577101, today at Bangalore. I, Balaju Pavan S/o K. C. Murali Krishna, Aged about 39 years, Old No.(113) 1/1 BDA Revenu Layout 3rd 'A' Cross Ittmadu BSK 3rd Stage, Bangalore 560085 do hereby solemnly affirms as follows:- 1. We submit that we are the petitioner and respondent No.2 herein, We were married and our marriage was solemnized on 18.05.2017 at Chikamagaluru out of our wedlock a female daughter was born namely Rithi K.B, subsequently the misunderstanding was arose between us, therefore the respondent No.2 initiated criminal proceedings as against the petitioner before the Chikmagaluru Women police by virtue of the compliant the Chikmagaluru police has filed the crime No. 121/2021 for the alleged offence under section 498A, 307, 342 R/w 34 of IPC 3 and 4 of Dowry prohibition act, subsequently the respondent No.1 has completed the investigation and filed the chargesheet for the offence under section 498-A, 342 R/w 34 of IPC 3 and 4 of Dowry prohibition act and deleted offence under section 307. 2. 2. We further submit that Apart from that the petitioner herein has also filed the Divorce petition before the Family court at Bangalore in MC No. 3216/2022 and same was transferred from Bangalore to Chikmangaluru wherein in - 6 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 new number was allotted as MC No.63/2023 in which we have agreed to resolve the dispute amicably at the intervention of well wisher and friends and relatives upon such settlement, we together have already filed the consent divorce petition in MC No. 131/2025 pending on the file of principle family court at chikamangaluru, as per the settlement the petitioner is agreed to pay the total amount of Rs.12,50,000/-towards the permanent alimony and maintenance in favour of respondent No.2 and our daughter, upon such receipt of payments we are agreed to withdraw all the pending cases filed against each other, in-view of such terms the petitioner is already deposited 50% of the settlement amount Rs.6,25,000/- (six lakh twenty five thousand) by way of demand drafts bearing No 264766 and 393602 SBI branch Bangalore before the trial court and remaining 50% of Rs.6,25,000/- (six lakh twenty five thousand) is paid today by way of Demand draft in favour of our daughter RITHI KB vide DD No. 393634 upon such payment the respondent No.2 have given consent to allow the above petition consequently this Hon'ble court may be pleased to quash the CC No. 319/2023 pending on the file of IInd additional senior division and JMFC at Chikamagaluru for the offence under section 498-A, 342 R/w 34 of IPC 3 and 4 of Dowry prohibition act, so far as the remaining offence under 307, 354(c) was dropped. 3. In-view of the above balance settlement amount is tender by the petitioner in favour of respondent No.2 by way of Demand draft towards the full and final settlement and there is no further claims and demands either by gold or silver, cloths or towards the further maintenance, properties etc, between each other and other terms and conditions mentioned - 7 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 in the consent divorce petition in MC No. 131/2025 are binding on the parties. In-view of the above settlement we have agreed to withdraw the criminal case as against the In- laws also by filing the another joint memo in Crl petition No. 5605/2023 pending on the file of Hon'ble High court of Karnataka. 4. we submit that the above said settlement as per the will and wish without there being any coercion, compulsion and undue influence, as per the settlement we have no objection to quash the criminal case in CC No.319/2023 filed as against the petitioner including against his parents in the interest of justice. 5. WHEREFORE, We humbly prays that this Hon'ble court may be pleased to permit us to settle by accepting this compromise consequently by allowing the above petition as prayed for by quashing the CC No. 319/2023 arising out of Crime No. 121/2021 registered by the respondent No.1 upon the compliant lodge by the respondent No.2 which is pending on the file of II Additional Civil Judge and JMFC Chikamangaluru for the offence under section 498-A, 342 R/w 34 of IPC 3 and 4 of Dowry prohibition act, in the interest of justice. 5. The terms and conditions of settlement arrived at between the parties in Crl.P.No.5605/2023 reads as under: I, Smt. Anusha S, W/o. Shri Balaji Pavan, Aged about 32 years, # 159 B, Kannika Nilaya, Church Road, Chickmagaluru Karnataka- 577101, today at Bangalore. I, K. C. Murali Krishna, Aged about 68 years, S/o Late K. Chalapathi, I, Saroja Vani, K.M Aged about 63 years, W/o. K. C. Murali Krishna Both are - 8 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 residing at No. 8, Ground Floor, Shanthi Nilaya, 2nd Cross, 17th Main, Muneshwara Block, Bangalore- 560026 do hereby solemnly affirms as follows:- 1. We submit that the petitioner is the In-laws of the respondent No. 2 herein, the respondent No.2 were married to our son, and there marriage was solemnized on 18.05.2017 at Chikamagaluru out of there wedlock a female granddaughter was born namely Rithi K.B, subsequently there was misunderstanding arose between the son and respondent No.2, therefore the respondent No.2 initiated criminal proceedings as against the petitioner before the Chikmagaluru Women police by virtue of the compliant the Chikmagaluru police has filed the crime No. 121/2021 for the alleged offence under section 498A, 307, 342 R/w 34 of IPC 3 and 4 of Dowry prohibition act, subsequently the respondent No.1 has completed the investigation and filed the chargesheet for the offence under section 498-A, 342 R/w 34 of IPC 3 and 4 of Dowry prohibition act and deleted offence under section 307, 354(c) was dropped. 2. 2. We further submit that Apart from that our son has also filed the Divorce petition before the Family court at Bangalore in MC No.3216/2022 and same was transferred from Bangalore to Chikmangaluru wherein new number was allotted as MC No.63/2023 in which they have agreed to resolve the dispute amicably at the intervention of well wisher and friends and relatives upon such settlement, they have already filed the consent divorce petition in MC No.131/2025 pending on the file of principle family court at chikamangaluru, as per the settlement her husband who is our son agreed to pay the total amount of Rs.12,50,000/- towards the permanent alimony and maintenance in favour of respondent No.2 and our granddaughter, upon such receipt of payments they have agreed to withdraw all the pending cases filed against each other, in-view of such terms our son has already deposited 50% of the settlement amount - 9 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 Rs.6,25,000/-(six lakh twenty five thousand) by way of demand drafts bearing No 264766 and 393602 before the trial court and remaining 50% of Rs.6,25,000/- (six lakh twenty five thousand) is paid today by way of Demand draft in favour of our granddaughter RITHI KB vide DD No. 393634 upon such payment the respondent No.2 have given consent to allow the above petition consequently this Hon'ble court may be pleased to quash the CC No. 319/2023 pending on the file of II Additional Senior Division and JMFC at Chikamagaluru for the offence under section 498-A, 342 R/w 34 of IPC 3 and 4 of Dowry prohibition act, so far as the remaining offence under 307 354(c) was dropped. 3. In-view of the above balance settlement amount is tender by her husband who is our son in favour of respondent No.2 by way of Demand draft towards the full and final settlement and there is no further claims and demands either by gold or silver, cloths or towards the further maintenance, properties etc, between each other and other terms and conditions mentioned in the consent divorce petition in MC No. 131/2025 are binding on the parties. In-view of the above settlement we have agreed to withdraw the criminal case as against the In-laws also by filing the another affidavit in Crl.petition No. 9817/2023 pending on the file of Hon'ble High court of Karnataka. 4. we submit that the above said settlement as per the will and wish without there being any coercion, compulsion and undue influence, as per the settlement we have no objection to quash the criminal case in CC No. 319/2023 arsing out of Crime No. 121/2021 pending on the file of IInd Additional Civil Judge and JMFC at Chikamangaluru filed as against the petitioner including against his parents in the interest of justice. 5. WHEREFORE, we humbly prays that this Hon'ble court may be pleased to permit us to - 10 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 settle by accepting this compromise consequently by allowing the above petition as prayed for by quashing the CC No. 319/2023 arising out of Crime No. 121/2021 registered by the respondent No.1 upon the compliant lodge by the respondent No.2 which is pending on the file of IInd Additional Civil Judge and JMFC Chikamangaluru for the offence under section 498-A, 342 R/w 34 of IPC 3 and 4 of Dowry prohibition act, in the interest of justice. 6. Respondent No.2/complainant admit the compromise and submits that she has no objection to allow the petitions. The terms and conditions of compromise petitions are legal and equitable. The same is accepted and I.As.No.1/2025 are allowed and accordingly, following: ORDER (i) The petitions filed under Section 482 of Cr.P.C, are allowed. (ii) The entire proceedings in FIR in Crime No.121/2021 of Chikkamagaluru Women Police Station, for the offences punishable under Sections 498A & 342 r/w Section 34 of IPC and Sections 3 and 4 of Dowry - 11 - HC-KAR NC: 2025:KHC:29222 CRL.P No. 9817 of 2023 C/W CRL.P No. 5605 of 2023 Prohibition Act, pending on the file of II Additional Senior Civil Judge and JMFC, Chikkamagaluru, is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 14