- 1 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 9928 OF 2022 (GM-RES) BETWEEN: 1. SRI. SATHISH S/O RAGHAVA GOWDA AGED ABOUT 42 YEARS R/AT BHARJARIGUNDI HOUSE, UBARADKA MITHOOR POST AND VILLAGE, SULLIA TALUK D.K. - 574 248. 2. SMT. NEELAMMA, W/O RAGHAVA GOWDA, AGED ABOUT 66 YEARS R/AT BHARJARIGUNDI HOUSE, UBARADKA MITHOOR POST AND VILLAGE, SULLIA TALUK, D.K.-574248. 3. SRI HARISH M S/O RAGHAVA GOWDA AGED ABOUT 48 YEARS R/AT BHARJARIGUNDI HOUSE UBARADKA MITHOOR POST AND VILLAGE, SULLIA TALUK, D.K.-574248. 4. SRI ANAND M S/O RAGHAVA GOWDA AGED ABOUT 46 YEARS R/AT BHARJARIGUNDI HOUSE UBARADKA MITHOOR POST AND VILLAGE, SULLIA TALUK, D.K.-574248. …PETITIONERS (BY SRI. RAJARAM SOORYAMBAIL, ADVOCATE) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 AND: 1. THE STATE OF KARNATAKA ASI, EAST ZONE WOMEN POLICE STATION, PULAKESHINAGARA SUB DIVISION, BENGALURU CITY, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU-560001. 2. SMT PRABHA S W/O SATHISH M AGED ABOUT 35 YEARS R/AT NO.302, R.K. APARTMENT BLOCK-21, HOISALA NAGARA, RAMAMURTHY NAGAR, BENGALURU - 560 016. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1 R2 SD) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF INDIAN CONSTITUTION AND SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH ENTIRE PROCEEDINGS PENDING IN CRL.MISC.19/2020 ON THE FILE METROPOLITAN MAGISTRATE TRAFFIC COURT-IV AND ALSO TO QUASH THE ENTIRE PROCEEDINGS PENDING IN C.C.NO.8815/2021 IN CRIME NO.7/2020 REGISTERED BY ASI, EAST ZONE WOMEN POLICE STATION, PULAKESHINAGARA SUB DIVISION, BENGALURU CITY ON THE FILE OF VI ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE OFFENCES PUNISHABLE U/S 498 (A), 506 OF IPC AND SEC.3 AND 4 OF D.P.ACT, 1961 VIDE ANNEXURES-A AND B AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 ORAL ORDER Petitioners being respondents in Crl.Misc.No.19/2020 on the file of the learned Metropolitan Magistrate Traffic Court - IV, registered for the offence punishable under Section 12 of Protection of Women from Domestic Violation Act, 2005 (for short 'the DV Act') and accused Nos.1 to 4 in CC No.8815/2021 (Cr.No.7/2020 of East Zone Women Police Station, Pulakeshinagar Sub Division, Bengaluru City), pending on the file of the learned VI Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 498A and 506 of the Indian Penal Code (for short 'the IPC') and under Sections 3 and 4 of Dowry Prohibition Act, 1961 are seeking to quash the criminal proceedings initiated against them. 2. Heard Sri. Rajaram Sooryambail, learned counsel for the petitioners and Sri. Rangaswamy R, learned High Court Government Pleader for the respondent No.1. Respondent No.2 remained absent despite service of notice. Hence, his argument is taken as nil. Perused the materials on record. - 4 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 3. In view of the rival contentions urged by learned counsel for the petitioners and learned HCGP for respondent No.1, the point that would arise for my consideration is: "Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'Affirmative' for the following: REASONS 4. Learned counsel for the petitioners has produced certified copy of the compromise decree passed in MC No.12/2021 before the learned Senior Civil Judge and JMFC., Sullia, D.K, according to which, the petition was allowed as per the compromise petition vide order dated 14.08.2021 before the Lok-Adalath. As per the compromise entered into between the parties, the marriage between respondent No.2 and accused No.1 that was held on 10.11.2019 was dissolved. 5. Learned counsel for the petitioners has also produced the affidavit sworn by respondent No.2, which reads as under: - 5 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 "AFFIDAVIT I, Prabha. D/o Chennappa Gowda, Aged 35 years, residing at Soontharu House, Balpa Village, Kadaba Taluk, D.K Dist do hereby solemnly affirm and state on oath as follows: I say that I am IInd petitioner herein and I know the facts of the case. I say that Ist petitioner is my husband our marriage has been solemnized on 10/11/2019 at "Adisubramanya Kalyana Mantapa", situated at Subramanya, Kadaba Taluk, D.K Dist according to Hindu rites and customs prevailing in our Community. Both we are belongs to Gowda caste and we are State Governed by the provisions of Hindu Marriage Act 1955. I say that after the marriage we started to reside separately till today and we never resided together due to serious misunderstanding, in compatibility and want of adjustment between us, hence we could not lead a happy marital life. That all the efforts made by our well wishers to reconcile the matter were gone in vain. So I have filed a criminal case against Ist petitioner, his mother Neelamma, elder brothers Harish and Ananda before the Pulakeshi Nagar East zone, Women's Police station, Bangalore city for the offence under section 3 and 4 of Dowry Prohibition Act 1961 and section 506 and 498A of IPC and also I have filed petition under section 12 of the Protection of women from Domestic Violence Act 2005 before the court of Metropolitan Magistrate, Traffic court IV, Nrupathunga, road, Bangalore against I petitioner, his mother Neelamma, Harish M and Ananda.M and the same is also pending on the file of that court in Crl. Mis. case No. 19/2021. I say that now we realized that it is not at all possible for us to live together as husband and wife as our marriage has become practically and emotionally dead and irreparable broken down. Hence we mutually agreed that the marriage between us should be dissolved by a Decree of Divorce by mutual consent. - 6 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 I say that there is no collusion between us in the matter of presenting this petition. We submit that our consent to get our marriage dissolved by decree of divorce by mutual consent has not been obtained by any force, coercion, fraud or undue influence. The consent is purely voluntary. I say that I being working in I.T field having sufficient means as mutually agreed I have restricted my permanent alimony amount as Rs. 2,00,000/- (Rupees two lakhs only) and today Ist petitioner paid the said amount Rs. 2,00,000/- to me towards the full and final settlement of my permanent alimony amount. As such hereafter I am not entitled to claim- any amount from Ist petitioner on any account. With our married wed lock there is no any issues. I say that as all the disputes amicably settled I am undertaking to unconditionally withdraw the criminal petition filed under section 12 of the Protection of women from Domestic Violence Act 2005 before the court of Metropolitan Magistrate, Traffic court IV, Nrupathunga, road, Bangalore against Ist petitioner, his mother Neelamma, Harish M and Ananda.M that is Crl. Mis. case No. 19/2021 on the file of that court. Accordingly I also undertaking to close the criminal case filed by me against Ist petitioner, his mother Neelamma, Harish M and Ananda.M before the Pulakeshi Nagar, East zone, Women's Police station, Bangalore city for the offence under section 3 and 4 of Dowry Prohibition Act 1961 and section 506 and 498A of IPC by following the due process of Law. I say that as mutually agreed Ist petitioner has no any claim hereafter over the mangalsuthra (Karimani chain with Mangala suthra) which he tied to me at the time of marriage and I am entitled to use and enjoy the same as of my own. I say that apart from the above there is no anything to take or give between me and the ist petitioner. All our respective belongings we already handed over each other and hereafter nothing to give and take between us. - 7 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 I say that hence hon'ble court may be pleased to dissolve our marriage as prayed in the petition. All the above are true, I do swear in the name of the God that the contents stated above are all true and correct and name and signature below is mine. Identified by me, Advocates, Sullia Deponent Solemnly affirmed before me the contents of this Affidavit having been read over to the Deponents in Kannada language and admitted by them to be correct, signed in my presence of this day of day 14th of august 2021." 6. The affidavit referred above discloses that respondent No.2 had unconditionally undertaken to close the criminal case both filed under Section 12 of the DV Act pending before the learned Metropolitan Magistrate, Bengaluru and also the criminal proceedings initiated for the offence punishable under Section 498A and 506 of IPC and Sections 3 and 4 of the DP Act registered with Pulakeshinagar East Zone Women police station. However, subsequently, both these proceedings were kept pending. Therefore, the petitioners are seeking to quash the criminal proceedings by allowing the petition. - 8 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 7. Respondent No.2 has remained absent inspite of service of notice. When the affidavit sworn by respondent No.2 in MC No.12/2021 on the file of the learned Senior Civil Judge and JMFC, Sullia categorically undertaken to close these criminal proceedings and the marriage between accused No.1 and respondent No.2 was dissolved by decree of divorce before the Lok-Adalath, I deem it appropriate to allow this petition and quash the criminal proceedings as no purpose would be served by prosecuting the petition. 8. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER (i) The Writ Petition is allowed. (ii) The criminal proceedings initiated in Crl.Misc.No.19/2020 on the file of the learned Metropolitan Magistrate Traffic Court - IV, registered for the offence punishable under Section 12 of the DV Act and in CC No.8815/2021 (Cr.No.7/2020 of East Zone Women Police Station, Pulakeshinagar Sub Division, Bengaluru City), pending on the file of the learned VI - 9 - HC-KAR NC: 2026:KHC:8551 WP No. 9928 of 2022 ACMM, Bengaluru, registered for the offences punishable under Sections 498A and 506 of the IPC and under Sections 3 and 4 of DP Act are hereby quashed against the petitioners. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 9