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2026 DAILYLAW 13735 (KAR)

SRI GOPAL C v. STATE OF KARNATAKA

WP/7388/2026 · 2026-03-04

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13418 WP No. 7388 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7388 OF 2026 (GM-RES) BETWEEN: 1. SRI GOPAL C., S/O CHIKKAIAH AGED ABOUT 36 YEARS RESIDING AT FLAT NO.039 DSMAX STONESCAPE APARTMENT ANJANAPURA 5TH ‘G’ BLOCK TULASIPURA MAIN ROAD BENGALURU – 560 108. 2. SRI CHIKKAIAH S/O LATE PATEL AGED ABOUT 54 YEARS RESIDING AT FLAT NO.039 DSMAX STONESCAPE APARTMENT ANJANAPURA 5TH ‘G’ BLOCK TULASIPURA MAIN ROAD BENGALURU – 560 108. 3. SMT. MANJULAMMA W/O CHIKKAIAH AGED ABOUT 55 YEARS RESIDING AT FLAT NO.039 DSMAX STONESCAPE APARTMENT ANJANAPURA 5TH ‘G’ BLOCK TULASIPURA MAIN ROAD Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13418 WP No. 7388 of 2026 BENGALURU – 560 108. …PETITIONERS (BY SMT. AADHYA CHALA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY R.T.NAGAR P.S REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. SUCHITRA H. K., D/O SRI KUMAR H. N., AGED ABOUT 29 YEARS R/AT NO. 15, 1ST MAIN THIMMAIAH GARDEN R.T. NAGAR, BENGALURU - 560 032. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR NO. 0327/2022 DATED 22.11.2022 ALONG WITH COMPLAINT DATED 22.11.2022 AND ENTIRE PROCEEDINGS IN CC NO. 2109/2023 INCLUDING THE CHARGE SHEET DATED 11.01.2023 ON THE FILE OF THE HON’BLE VIII ADDL. CHIEF JUDICIAL MAGISTRATE BENGALURU CITY FOR THE ALLEGED OFFENCES UNDER SECTION 498A OF THE INDIAN PENAL CODE 1860 AND SECTION 3 4 OF DOWRY PROHIBITION ACT AT ANNX-A, B, C AND D. - 3 - HC-KAR NC: 2026:KHC:13418 WP No. 7388 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – accused Nos.1 to 3 are before this Court calling in question proceedings in C.C.No.2109/2023, pending before the VIII Additional Chief Judicial Magistrate, Bengaluru City, for the offences punishable under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners and respondent No.2 in unison submit that the parties to the lis were before the concerned family Court in M.C.No.837/2026 and have settled their matrimonial dispute amicably by drawing up certain terms and conditions before the mediation center. The parties as obtained decree of divorce on mutual consent and have parted their ways. Therefore, they are before this Court seeking quashment of the proceedings. The parties have appended a copy of the memorandum of settlement under Section 89 of the CPC r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 to the petition. - 4 - HC-KAR NC: 2026:KHC:13418 WP No. 7388 of 2026 3. The memorandum of settlement reads as follows: “5. The 1st petitioner/father undertakes to take care of the minor child's health, education and maintenance by making payment of Rs.11,00,000/- (Rupees Eleven Lakhs Only) out of which Rs.10,00,000/- by way of D.D. drawn on Kotak Mahindra Bank, 7th Block, Jayanagar Branch dated 10.02.2026 bearing D.D. No.998010, in favour of minor daughter's mother's i.e. 2nd petitioner's name and Rs.1,00,000/- by way of Cash will be paid at the time of reporting settlement before the Hon'ble Court and the marriage of the daughter will be celebrated by sharing expenses equally. 6. The First Petitioner has already paid the said amount to the Second Petitioner is a sum of ₹10,00,000/- (Rupees Ten Lakhs only) at the time of filing the above divorce petition by way of Demand Draft bearing No.998008 dated 05-02-2026, which amount represents full and final settlement towards the livelihood and maintenance of the Second Petitioner and also full and final permanent alimony. Thus, a total sum of Rs.21,00,000/- is paid to the 2nd petitioner and the 2nd petitioner hereby accept and acknowledge the receipt of the same. 7. That in view of settlement and filing of the above Petition, the Petitioner No.2 has agreed to withdraw the case filed by her under D.V.Act in C.Mis No.140/2022 pending before the Hon'ble IV MMTC Court, Bengaluru. Similarly, the Petitioner No.2 also agreed to co-operate or consent to close/quashing of the case in C.C.No.2109/2023 pending before the VIII A.C.M.M. Court, Bengaluru, which has been filed by her against the 1st petitioner and his family members. Further, the Petitioner No.2 has agreed to withdraw the case M.C.No.6341/2022 filed by her for restitution of conjugal rights pending before the Hon'ble V - 5 - HC-KAR NC: 2026:KHC:13418 WP No. 7388 of 2026 Additional Prl. Family Court, at Bengaluru. Likewise, the Petitioner No.1 has agreed to withdraw the case of M.C.No.4866/2022 filed by him for the Relief of declaration pending before the V Additional Prl. Family Court, Bengaluru. Both the petitioners state that the above withdrawal of cases is being done voluntarily, without any coercion, compulsion, or undue influence, and entirely out of their own free will and mutual understanding.” 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 accept the application, memo and the affidavit and terminate the proceedings against the petitioners, as the allegations are not against the State. 4. For the aforesaid reasons, I pass the following: ORDER (i) The writ petition is disposed. (ii) The proceedings in C.C.No.2109/2023, pending before the VIII Additional Chief Judicial Magistrate, Bengaluru, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 5 Sl No.: 15 CT:SS