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2025 DAILYLAW 89148 (KAR)

SRI NAVEEN S v. STATE OF KARNATAKA

CRL.P/8676/2023 · 2025-07-24

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28249 CRL.P No. 8676 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 8676 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI NAVEEN S S/O LATE SURYAPRAKASH, AGED ABOUT 32 YEARS 2. SMT. RAMA SURYA PRAKASH W/O LATE SURYAPRAKASH, AGED ABOUT 55 YEARS PETITIONER NOS. 1 & 2 ARE R/AT NO.16/2, 11TH A CROSS, PARSIE GARDEN, SWIMMING POOL EXTENSION, VYALIKAVAL, MALLESHWARAM, BANGALORE-560003 3. SMT. SANDHYA .S W/O NAVEEN CHANDRA PRAKASH, AGED ABOUT 36 YEARS, R/AT NO.202, 2ND FLOOR, D.C.GOLDEN CANOPY APARTMENT, 6TH A CROSS, BAHUBALI NAGAR, JALAHALLI VILLAGE, HOYSALA CIRCLE, JALAHALLI, BANGALORE-560013 …PETITIONERS (BY SRI.MOHAN.H.S, ADVOCATE FOR SRI. SATISH V, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28249 CRL.P No. 8676 of 2023 AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMENS POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 2. SMT. K.V. SINDHU W/O NAVEEN S, D/O SRI. VENKATARAMAIAH, AGED ABOUT 29 YEARS, R/AT NO.85/86, I MAIN ROAD, I CROSS, KAVERI NAGAR, BANASHANKARI 3RD STAGE, BENGALURU-560085 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.64/2020 WHICH IS NOW NUMBERED AS C.C.NO.327/2021 IN ANNEXURE-A FOR THE OFFENCE P/U/S.498-A,506 OF IPC AND SEC.4 OF DP ACT PENDING BEFORE THE HONBLE 37TH ACMM AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners who is arraigned as accused Nos.1 to 3 have filed this petition under Section 482 of the Code of - 3 - HC-KAR NC: 2025:KHC:28249 CRL.P No. 8676 of 2023 Criminal Procedure to quash the criminal proceedings initiated against them in C.C.No.327/2021 arising out of Cr.No.64/2020 of Basavanagudi Women PS, for the offences punishable under Sections 498A & 506 of IPC and Section 4 of Dowry Prohibition Act. 2. Learned counsel for the petitioners submit that petitioner No.1 and respondent No.2 were married on 16.05.2019. Due to marital discord and irreconcilable differences, they have been living separately since 25.08.2020. During this period, respondent No.2 lodged a complaint against the petitioners alleging harassment and cruelty, based on which the above-mentioned FIR was registered. 3. Subsequently, petitioner No.1 initiated matrimonial proceedings before the Family Court, Bengaluru, seeking dissolution of marriage. During the pendency of the said proceedings, the parties appeared before the Mediation Centre and arrived at a mutually acceptable settlement. In terms of the settlement, the - 4 - HC-KAR NC: 2025:KHC:28249 CRL.P No. 8676 of 2023 marriage between petitioner No.1 and respondent No.2 was dissolved by a decree of divorce dated 18.04.2023. It is also agreed that respondent No.2 would not pursue the criminal proceedings and would cooperate in quashing the same. 4. Notice issue to respondent No.2 was served through her mother, but she has not chosen to contest this petition. 5. Learned HCGP does not dispute the submission made by learned counsel for the petitioners. 6. A perusal of the records would reveal that petitioner No.1 and respondent No.2 have settled their dispute before the mediation Center in matrimonial case and the marriage between petitioner No.1 and respondent No.2 was dissolved on 18.04.2023. The terms and conditions of settlement arrived at between the parties before the Family Court reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE - 5 - HC-KAR NC: 2025:KHC:28249 CRL.P No. 8676 of 2023 KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. I. The petitioner has filed this petition under Section 13 (1) (i-a) of the Hindu Marriage Act, 1956 for dissolution of her marriage against the Respondent/Wife. II. The aforesaid petition is referred to mediation for resolving the dispute between the parties. During the course of mediation, the parties, the petitioner and the respondent along with their respective counsels were present, they have resolved their disputes by agreeing to the following terms and conditions:- 1. The Petitioner and the Respondent are Hindus and their marriage was solemnized on 16.05.2019 at Sri.. Satya Pramoda Kalyana Mantapa, Basavanagudi, Behind National College, Bangalore. as per Hindu rites and customs. 2. Due to irreconcilable differences and incompatibility of temperaments, the parties have been living separately since 25.08.2020. 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 parties have decided to get the marriage between them dissolved. by-a decree of divorce. 3. Both the Petitioner and the Respondent state they have no children from the said wedlock. 4. Both petitioner and respondent state that they have no claims of whatsoever nature against each other with regard to - 6 - HC-KAR NC: 2025:KHC:28249 CRL.P No. 8676 of 2023 permanent alimony/maintenance either for the past, present or future as both are employed. 5. Both the parties state that, apart from the above, they have no other claims of whatsoever nature against each other with regard to the assets or immovable properties belonging to each other either existing at present or to be acquired in future. 6. Both the parties state that they have agreed to exchange their respective articles like gold and silver items and other personal belongings before reporting the settlement. 7. In view of the settlement, the Respondent has agreed to withdraw the case bearing Crl. Misc. 46/2022, filed under provision of DV Act against the Petitioner pending before the MMTC-II, Bangalore. Further the Respondent has also agreed to withdraw the case bearing Crl. Misc. 223 / 2022 filed under section 125 of Code of Criminal Procedure against the Petitioner pending before the IV Additional Family Court, Bangalore. Further the Respondent has also agreed to co-operate in closure/disposal of the case bearing C.C No. 327/2021 filed against the Petitioner and his family member for the offence punishable under section 498A, 506 of IPC r/w Section 4 of D.P Act pending on the file 37th ACMM, Bangalore. 8. In view of this settlement, both parties hereby withdraw all the allegations made against each other either in this petition or orally. - 7 - HC-KAR NC: 2025:KHC:28249 CRL.P No. 8676 of 2023 9. Both the parties herein voluntarily and out of their free will hereby mutually agree and consent each other for getting the marriage between them. 10. Both parties state that they shall not interfere with the lives of each other in future. III. 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 between the Petitioner and the Respondent on 16.05.2019 at Sri Satya Pramoda Kalyana Mantapa, Basavanagudi, Behind National College, Bangalore, by granting the Decree of Divorce in terms of the aforesaid agreement. IV. Parties will appear on 18.04.2023 before the Hon'ble court for passing orders in terms of the agreement". 7. Having regard to the fact that the parties have settled the dispute and respondent No.2 has undertaken to withdraw the criminal proceeding pending against the petitioners, the petition deserves to be allowed and criminal proceedings pending against them are required to be quashed and accordingly the following: - 8 - HC-KAR NC: 2025:KHC:28249 CRL.P No. 8676 of 2023 ORDER (i) Petition filed by accused Nos.1 to 3 under Section 482 of Cr.P.C is hereby allowed. (ii) The criminal proceedings initiated against accused Nos.1 to 3 in C.C.No.327/2021, (FIR. No.64/2020 of Basavanagudi Women PS) pending on the file of XXXVII Addl. Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. (iii) The Registry is directed to send this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 16