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2026 DAILYLAW 1085 (KAR)

SMT MAGDALENA R v. STATE OF KARNATAKA

CRL.P/12613/2023 · 2026-02-23

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11936 CRL.P No. 12613 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12613 OF 2023 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. SMT MAGDALENA R AGED ABOUT 65 YEARS W/O SELVARAJ R/AT NO 368, KRISHNA REDDY LAYOUT, NEAR MOTHER THARESA SCHOOL, MARAGONDANAHALLI MAIN ROAD, T.C. PALYA, BANGALORE 560036 2. SRI WILFRED S AGED ABOUT 46 YEARS S/O SELVARAJ R/AT NO.32/33, KRISHNA REDDY LAYOUT, MARAGONDANAHALLI MAIN ROAD, ANANDAPURA, BANGALORE 560036 3. SMT MARY SUDHA AGED ABOUT 43 YEARS W/O WILFRED S R/AT NO 32/33, KRISHNA REDDY LAYOUT, MARAGONDANAHALLI MAIN ROAD, ANANDAPURA, BANGALORE 560036 4. SMT MARY SOPHIA AGED ABOUT 44 YEARS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11936 CRL.P No. 12613 of 2023 D/O SELVARAJ R/AT NO 32/33, KRISHNA REDDY LAYOUT, MARAGONDANAHALLI MAIN ROAD, ANANDAPURA, BANGALORE 560036 …PETITIONERS (BY SRI. MUNISWAMY GOWDA S G., ADVOCATE) AND: 1. STATE OF KARNATAKA K.R. PURAM POLICE STATION, K.R. PURAM BANGALORE 560036 REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU 560001 2. MRS SONIYA MARY AGED ABOUT 39 YEARS, W/O ABRHAM R/AT CHITTE BUILDING, SUBASH NAGARA K.R. PURAM, BENGALURU 560036 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HIGH COURT GOVERNMENT PLEADER FOR R1; SRI. RAJESH GOWDA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.55363/2019 ON THE FILE OF X ACMM AT MAYO HALL BENGALURU CITY REGISTERED FOR THE OFFENCE P/U/S.498-A R/W SEC.34 OF IPC AND SEC.3,4 OF DP ACT OF K.R.PURAM POLICE STATION, BENGLAURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2026:KHC:11936 CRL.P No. 12613 of 2023 ORAL ORDER The petitioners/accused Nos.2 to 5 are before the Court seeking the following prayer:- "To quash the proceedings in C.C.No.55363/2019 on the file of the X Addl. Chief Metropolitan Magistrate at Mayo Hall, Bengaluru City, registered for the offences punishable under Section 498(A) R/W 34 of IPC, and Section 3 & 4 of Dowry Prohibition Act of K.R. Puram Police Station, Bengaluru." 2. During the subsistence of the subject proceedings, the respondent No.2 and her husband/accused No.1, who were before the Family Court in M.C.No.2264/2018 have settled the dispute by drawing up certain terms of settlement. 3. The aforesaid settlement arrived at between the parties reads as follows: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above named submit as follows:- The petitioner has filed this petition under Section 10 (x) Divorce Act, 1954 for a decree of divorce against the Respondent. I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of - 4 - HC-KAR NC: 2026:KHC:11936 CRL.P No. 12613 of 2023 mediation, the petitioner and the respondent along with their respective counsels have participated, identified each other and resolved their dispute and have agreed to the following terms and conditions: 1. Both the parties state that the petitioner and respondent are Christians by religion; their marriage was solemnized on 26.05.2005 at A.S.R Convention Hall, Banaswadi, Outer Ring Road, Horamavu, Near Channasandra Bridge, Bengaluru, as per Christian rites and rituals. 2. Due to Irreconcilable differences and incompatibility of temperaments, the petitioner and respondent have been living separately since January 2017. 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 petitioner and respondent have decided to get the marriage between themselves dissolved by a decree of divorce. 3. The parties state that they have a daughter by name Esha, aged about 16 years, presently under the care and custody of the respondent/mother and shall continue to be so in future for which the petitioner/father has no objection for the same. 4. The respondent/mother state that she has agreed to look after the entire welfare and wellbeing expenses of their daughter and petitioner/father has agreed to look after entire educational expenses and marriage expense of their daughter within the limits of the petitioner's capacity. 5. The petitioner has agreed to pay a sum of Rs.20,00,000/-(Rupees Twenty Lakhs Only) to - 5 - HC-KAR NC: 2026:KHC:11936 CRL.P No. 12613 of 2023 the respondent towards permanent alimony/maintenance in full and final settlement of all her claims and also towards expenses of their daughter. The said amount will be paid by way of demand draft bearing No. 173577, dated 18.08.2025, drawn on Karnataka Bank Ltd, Anandapura, Bengaluru in favour of the respondent before the Hon'ble Court at the time of reporting this settlement. The respondent has agreed for the same. 6. The petitioner has executed registered GPA in favour of the respondent in full and final settlement of all her claims; bearing Site No.6, property No.9, Katha No.9/6, situated at Halehalli Village, Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru measuring East to West 30 feet and North to South 40 feet in all measuring 1200 sq feet and bounded on the East by: Site No.7, West by: Site No.5, North by: Private Property and South by Road and also site No.6A, property No.9, Katha No.9/9 situated at Halehalli village, Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru, measuring East to West 30 feet and North to South 13 feet in all measuring 390 sq feet and bounded on the East by: Site No.7A, West by: Site No.5A, North by Private Property and South by: Site No.6, GPA will be handed over at the time of closure of CC No.55363/2019 under Section 498-A of IPC r/w Section 3 & 4 of D P Act. 7. The petitioner and the respondent state that, apart from the above, they have no other claims of whatsoever against each other either past, present or future. 8. The petitioner and the respondent state that they have no claims over the movables/Immovable properties belonging to - 6 - HC-KAR NC: 2026:KHC:11936 CRL.P No. 12613 of 2023 each other either existing at present or to be acquired in future. 9. In view of the settlement arrived between the parties the respondent has agreed to cooperate with the respondent for the closure/quashing the criminal case in C.C No.55363/2019 filed under Section 498-A of IPC r/w Sect 3 & 4 of D P Act, pending before 29th ACJM, Bengaluru and also the petitioner has agreed to withdraw Crl. Misc 30/2025 filed under Section 125 of Cr PC, pending on the file of II Addl. Prl. Judge Family Court, Bengaluru filed against the petitioner. 10. Both the parties hereby state and agree that they have already exchanged their respective valuable articles and other personal belongings. 11. In view of this settlement, both the parties hereby withdraw all the allegations made against each other unconditionally. 12. The petitioner and the respondent further state that there has been no collusion or force, fraud or any undue influence entering into this compromise in the aforesaid manner. 13. Both the parties have agreed to delete the messages/photos/audio/videos/recordings of each other which are in their possession and indemnify other's privacy. Both parties herein indemnify each other that they shall restrain themselves from making any statements/allegation against each other in any public/social forum/platform. 14. Both the petitioner and the respondent admit that they shall not interfere in the personal lives of each other in future. II. In view of the aforesaid agreement entered into between the parties, the petitioner and the respondent pray - 7 - HC-KAR NC: 2026:KHC:11936 CRL.P No. 12613 of 2023 that this Hon'ble Court be pleased to dissolve the marriage solemnized on 26.05.2005 at A.S.R Convention Hall, Banaswadi, Outer Ring Road, Horamavu, Near Channasandra Bridge, Bengaluru, by granting a decree of divorce in terms of this settlement agreement. III. Parties will appear on 28.08.2025 before the Hon'ble Court for passing orders in terms of the agreement." 4. The learned counsel for the petitioners submits that all the conditions stipulated in the terms of settlement have been fulfilled. The same is acknowledged by the learned counsel for respondent No.2 as well. 5. In the light of the settlement arrived at between the parties and the offence being the one punishable under 498-A of IPC, I deem it appropriate to quash the proceedings qua the petitioners. 6. For the aforesaid reasons, the following order is passed:- ORDER (i) The petition stands disposed. (ii) The proceedings in C.C.No.55363/2019 pending on the file of the X Additional Chief - 8 - HC-KAR NC: 2026:KHC:11936 CRL.P No. 12613 of 2023 Metropolitan Magistrate at Mayo Hall, Bengaluru, for the offences punishable under Section 498A read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act are quashed qua the petitioners. (iii) In view of disposal of the petition, pending I.As., if any, do not survive for consideration and the same stand disposed. Sd/- (M.NAGAPRASANNA) JUDGE PMR List No.: 3 Sl No.: 3