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2025 DAILYLAW 90420 (KAR)

SRI. VISHWANATH. U v. THE STATE OF KARNATAKA

CRL.P/9701/2025 · 2025-07-16

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26521 CRL.P No. 9701 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9701 OF 2025 BETWEEN: SRI. VISHWANATH U., S/O UMESH H.V., AGED ABOUT 30 YEARS, RESIDING AT 26/1, NEAR VEERABHADRA SWAMY TEMPLE, HAGADUR, WHITEFIELD, BENGALURU – 560 066. …PETITIONER (BY SRI. CHANDAN B. K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY WHITE FIELD POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BANGALORE DISTRICT, HIGH COURT BUILDINGS, BENGALURU – 560 009. 2. SMT. S.M.MANASA, W/O VISHWANATH U., AGED ABOUT 24 YEARS, RESIDING AT 310, 2ND A.C.CROSS, BDA LAYOUT, EAST OF NGEF, DOORWANI NAGAR BENGALURU – 560 016 …RESPONDENTS (BY SRI. TEJESH P., HCGP FOR R1; SMT. BHUSHANI KUMAR, ADVOCATE FOR R2) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26521 CRL.P No. 9701 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNSS) PRAYING TO ACCEPT THE ABOVE PETITION AND QUASHING THE CRIMINAL INVESTIGATION IN CR.NO.142/2021 OF WHITEFILED SUB DIVISION POLICE FOR THE OFFENCES P/U/S 498A R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT WHICH IS PENDING ON THE FILE OF I A.C.J.M BENGALURU RURAL COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner - husband is before this Court calling in question proceedings in Cr.No.142/2021 of Whitefield Sub Division Police, for the offences punishable under Sections 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, pending before the I Additional Chief Judicial Magistrate, Bengaluru Rural Court. 2. Heard Sri.Chandan B.K., learned counsel for the petitioner, Sri.Tejesh P., learned High Court Government Pleader for respondent No.1 and Smt.Bhushani Kumar, learned counsel for respondent No.2 and have perused the material on record. - 3 - HC-KAR NC: 2025:KHC:26521 CRL.P No. 9701 of 2025 3. Learned counsel for the petitioner and the respondent No.2 in unison submit that the parties to the lis were before the Family Court in M.C.No.3099/2021 and have settled their dispute amicably by drawing up certain terms and conditions before the Mediation Center. 4. Learned counsel for the petitioner hands over a demand draft of ₹4,00,000/- that was the remainder of the settlement of the amount of ₹16,00,000/-. The same is acknowledged by the complainant, who is present before this Court and she is also identified by her learned counsel. 5. A photocopy of the Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is filed before this Court to that effect, which also recognizes the closure of the impugned proceedings. 6. The Memorandum of Settlement under Section 89 of the C.P.C., reads as follows: - 4 - HC-KAR NC: 2025:KHC:26521 CRL.P No. 9701 of 2025 “I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of Mediation, both the parties and their respective counsels have participated and resolved their dispute and have agreed to the following terms and conditions: 1. Both the parties state that their marriage was solemnized on 21.05.2017 at SDP Palace, Katamnallur Gate, Bengaluru 560049, as per Hindu rites and customs. Subsequently, the said marriage was registered on 06.03.2020 before the Registrar of Marriage, Mahadevapura vide certificate No.MDP-HM852-2019-20 stored in C.D No.MDPM28. Both are residing at Bengaluru within the jurisdiction of this Hon'ble Court. 2. Due to irreconcilable differences and incompatibility of temperaments, the parties have been living separately from June 11.06.2021. 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 themselves dissolved by a decree of divorce. 3. The parties state that they have no children born to them from the said marriage. 4. The petitioner has agreed to pay a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs Only) to the respondent towards maintenance/permanent alimony as full and final settlement of all her claims, details as follows:- a) Rs.8,00,000/- (Rupees Eight Lakhs Only) will be payable by way of demand draft bearing No.237941 dated 19.04.2025 drawn on Karnataka Bank Ltd, Whitefield Branch, Bengaluru before this Hon'ble court at the time of reporting this settlement. b) Rs.4,00,000/- (Rupees Four Lakhs Only) will be payable by way of demand draft bearing No.237942 dated 19.04.2025 drawn on Karnataka Bank Ltd, - 5 - HC-KAR NC: 2025:KHC:26521 CRL.P No. 9701 of 2025 Whitefield Branch, Bengaluru at the time of withdrawal of Crl. Misc No.485/2021 before I ACJM, Bengaluru Rural. c) Rs.4,00,000/- (Rupees Four Lakhs Only) will be payable by way of demand draft bearing No.237943 dated 19.04.2025 drawn on Karnataka Bank Ltd, Whitefield Branch, Bengaluru before the Hon'ble High Court of Karnataka, Bengaluru in Criminal Petition to be filed for of quashing of the Crime No.142/2021 before ACJM, Bengaluru rural. 5. Both the parties state that they have no other claims of whatsoever against each other either for the past, present and future and also have no claims over the movable or immovable properties belonging to each other either existing at present or to be acquired in future. 6. In view of the above settlement arrived between the parties the respondent has agreed to withdraw Crl. Misc 485/2021 field against the petitioner under section 12 of DV Act, which is pending before I ACJM, Bengaluru Rural. 7. The respondent has agreed to cooperate for closure/quashing of Crime No.142/2021 filed under Section 498-A, 34 of IPC and 3 & 4 of D P Act, which is pending before ACJM, Bengaluru Rural. 8. In view of this settlement, both the parties hereby withdraw allegations made against each other unconditionally.” 7. In the light of the fact that the parties have arrived at settlement and since it is a marital dispute, I deem it appropriate to terminate the proceedings against the petitioner, as the allegations are not against the State. - 6 - HC-KAR NC: 2025:KHC:26521 CRL.P No. 9701 of 2025 8. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition is disposed. (ii) The proceedings in Cr.No.142/2021 of Whitefield Sub Division Police, for the offences punishable under Sections 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, pending before the I Additional Chief Judicial Magistrate, Bengaluru Rural Court, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 32 CT:SS