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2026 DAILYLAW 11686 (KAR)

SRI. RICHARD SENTHIL KUMAR v. THE STATE OF KARNATAKA

CRL.P/4374/2024 · 2026-04-27

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23420 CRL.P No. 4374 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4374 OF 2024 BETWEEN: SRI. RICHARD SENTHIL KUMAR, S/O SURESH SAGAYARAJ, AGED ABOUT 40 YEARS, RESIDING AT FLAT NO.405 4TH FLOOR, SN IKON LUXURIA, BILESHIVALE, DODDAGUBBI POST, BENGALURU – 560 077. …PETITIONER (BY SRI. MANJULA MUNAVALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY H.A.L POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SMT. CYNTHIA STEVENS, W/O RICHARD SENTHILKUMAR, AGED ABOUT 37 YEARS, RESIDING AT: NO.19, 1ST MAIN ROAD, GURURAJA LAYOUT, DODDANEKKUNDI BENGALURU – 560 037. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL.SPP FOR R-1; SMT. ROSA PARAMEL, ADVOCATE FOR R-2) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23420 CRL.P No. 4374 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.72/2024 OF H.A.L POLICE STATION, PENDING ON THE FILE OF XXIX ADDL.C.M.M., MAYO HALL, BENGALURU IN WHICH THE PETITIONER FOR THE OFFENCES P/U/S 498A, 427 AND 447 OF IPC, 1860, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question the registration of a crime in Crime No.72/2024 registered for offences punishable under Sections 498A, 427 and 447 of the Indian Penal Code. 2. Heard Smt. Manjula Munavalli, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl.SPP appearing for respondent No.1, Smt. Rosa Paramel, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The parties to the lis were also before the Family Court in M.C.No.5984/2023 and have settled the dispute - 3 - HC-KAR NC: 2026:KHC:23420 CRL.P No. 4374 of 2024 amongst themselves before the Family Court by filing Memorandum of Settlement. One of the term of the settlement is, closure of the present proceedings. The said Memorandum of Settlement 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:- I. The Petitioner has filed this petition under Sec 27 (1) (d) of the Special Marriage Act seeking to dissolve the marriage between the Petitioner and the Respondent. II. The aforesaid petition was referred to Mediation for resolving the disputes between the parties. In the course of the Mediation, the parties have resolved their disputes and have agreed to the following terms and conditions: 1. The petitioner and the respondent state that their marriage was solemnized on 06.07.2013 at Holy Ghost Church, Davis Road Bengaluru, as per Christian rites and customs. Subsequently, the said marriage was registered under the Special Marriages Act, 1954 on 19.10.2013 before the Marriage Officer for Registrar of Marriages, Gandhinagar, Bengaluru vide certificate No.KCH-S033-2013-14 stored in C.D No.KCHM5. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately since 22.07.2023. 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 a reunion between them. They know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce. - 4 - HC-KAR NC: 2026:KHC:23420 CRL.P No. 4374 of 2024 3. The petitioner and the respondent state that they have a son by name Dhiyan Joshua, aged about 10 years, presently under the care and custody of petitioner/mother and shall continue to be so in future for which the respondent/father has no objection for the same. 4. The petitioner and respondent state regarding custody of the child already settled in G & WC No.451/2023 on 14.12.2024 before Lok-Adalath. 5. The respondent has agreed to deposit school fees and other expenses of minor child Dhiyan Joshua as per the joint memo filed before Lok-Adalath in G & WC No.451/2023 dated 14.12.2024. The said amount will be transferred to the saving account of the child Dhiyan Joshua that is yet to be opened. 6. The respondent has paid a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the petitioner by way of demand draft bearing No.001781 dated 28.02.2025 drawn on HDFC Bank, Bengaluru and the petitioner the receipt of the same. 7. In view of the above settlement arrived between the parties, both the parties have agreed to cooperate for the closure/quashing of Crl. P No.4374/2024 before Hon'ble High Court of Karnataka, Bengaluru for quashing of Crime No.72/2024 filed before HAL Police Station. 8. Both the parties state that they have no other claims of whatsoever manner against each other either past, present or in future. 9. Both parties state that they have already exchanged their valuable articles belonging to each other. 10. Both the parties undertake not to initiate any future proceedings against each other and their respective families pertaining to their respective properties of any kind both movable/s and immovable/s. 11. Both the parties have agreed to withdraw all the allegations made against each other. 12. Both the parties state that they have no claims of whatsoever manner against each other either past, present or in future. - 5 - HC-KAR NC: 2026:KHC:23420 CRL.P No. 4374 of 2024 13. Both the parties herein state that they have entered into this settlement agreement on their own free will and volition and there is no any undue influence, force, coercion or misrepresentation from anyone or anything. 14. Both the parties admit that they shall not interfere in personal, professional life of each other's lives for any reason of whatsoever from this day either directly or indirectly. 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 on 06.07.2013 at Holy Ghost Church, Davis Road Bengaluru and cancel the marriage certificate registered under the Special Marriages Act, 1954 on 19.10.2013 before the Marriage Officer for Registrar of Marriages, Gandhinagar, Bengaluru vide certificate No.KCH-S033-2013-14 stored in C.D No.KCHM5, by granting a decree of divorce. IV. Parties will appear on 05.03.2025 before the Hon'ble Court for passing of orders in terms of the agreement." 4. Therefore, in light of the settlement arrived at between the parties quoted supra, I deem it appropriate to terminate the proceedings pending against the petitioner in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. - 6 - HC-KAR NC: 2026:KHC:23420 CRL.P No. 4374 of 2024 ii. Proceedings in Crime No.72/2024 pending before the XXIX Addl. C.M.M., Mayo Hall, Bengaluru, stands quashed, qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 144