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2026 DAILYLAW 13930 (KAR)

MR CHETHAN SHAMRAJ @ CHETHAN v. STATE OF KARNATAKA

CRL.P/1345/2025 · 2026-03-23

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16479 CRL.P No. 1345 of 2025 C/W WP No. 28347 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1345 OF 2025 C/W WRIT PETITION NO. 28347 OF 2024 (GM-FC) IN CRL.P No. 1345/2025 BETWEEN: 1. MR. CHETHAN SHAMRAJ @ CHETHAN S/O SHAMA RAJU B. K., AGED ABOUT 43 YEARS RESIDING AT NO. 1, ARUNODAYA RAVINDRANAGAR EXTENSION HASSAN CITY, HASSAN DISTRICT – 573 201. 2. MRS. HEMA RAJ @ HEMA W/O SHAMA RAJU B. K., AGED ABOUT 68 YEARS RESIDING AT NO 1, ARUNODAYA RAVINDRANAGAR EXTENSION HASSAN CITY, HASSAN DISTRICT – 573 201. …PETITIONERS (BY SRI BHAIRAV G. V., ADVOCATE) AND: 1. STATE OF KARNATAKA Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16479 CRL.P No. 1345 of 2025 C/W WP No. 28347 of 2024 BY HASSAN WOMEN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SMT. SOWMYA J., W/O CHETAN SHAMARAJ @ CHETHAN D/O JAGADEESH AGED ABOUT 37 YEARS RESIDENT OF UNDEDASARAHALLI CHIKKAMAGALURU – 577 101. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; MS. ANITHA S.M.PATIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO THE FIR REGISTERED BY HASSAN WOMEN POLICE STATION DATED 12.06.2021 IN CRIME NO.78/2021 ON THE FALSE COMPLAINT GIVEN BY THE RESPONDENT NO.2 AGAINST THE PETITIONER FOR THE OFFENCES P/U/S/ 498-A, 323, 324, 307, 107, 109 R/W SEC.34 OF IPC AND SEC.3,4 OF THE DP ACT 1961 THAT IS ANNEXURE A PENDING ON THE FILE HON’BLE 4TH ADDL. CIVIL JUDGE AND JMFC HASSAN. IN WP NO. 28347/2024 BETWEEN: CHETHAN SHAMRAJ @ CHETHAN S., S/O SHAMRAJ AGED ABOUT 44 YEARS - 3 - HC-KAR NC: 2026:KHC:16479 CRL.P No. 1345 of 2025 C/W WP No. 28347 of 2024 R/AT HOUSE NO.1, ARUNODHAYA RAVINDRANAGARA, HASSAN DISTRICT – 573 201. ...PETITIONER (BY SRI BHAIRAV G. V., ADVOCATE) AND: SOUMYA J., W/O CHETHAN SHAMRAJ D/O JAGADEESH AGED ABOUT 39 YEARS R/AT UNDEDASARAHALLI NEAR COFFEE CURING CHIKKAMAGALURU – 577 101. ...RESPONDENT (BY MS. ANITHA S.M.PATIL, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN M.C./172/2021 ON THE FILE OF THE PRINCIPAL JUDGE, I ADDITIONAL FAMILY COURT AT HASSAN; SET ASIDE THE IMPUGNED ORDER PASSED ON I.A.NO.4 FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT AND UNDER SECTION 151 OF CPC IN M.C./172/2021, DATED 12.10.2022 ON THE FILE OF THE PRINCIPAL JUDGE, I ADDITIONAL FAMILY COURT AT HASSAN, VIDE ANNEXURE-H. - 4 - HC-KAR NC: 2026:KHC:16479 CRL.P No. 1345 of 2025 C/W WP No. 28347 of 2024 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – accused Nos.1 and 2 are before this Court calling in question registration of a crime in Crime No.78/2021 and all further proceedings in S.C.No.69/2022, for offences punishable under Sections 504, 498A, 323, 324, 307 r/w. 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, in Crl.P.No.1345/2025 and petitioner – husband is before this Court calling in question an order dated 12.10.2022, passed by the Principal Judge, I Additional Family Court at Hassan, on an application – I.A.No.4, preferred by the wife seeking interim maintenance in M.C.No.172/2021, in W.P.No.28347/2024. 2. Learned counsel for the petitioners – accused and respondent No.2 – complainant in both the petitions in unison submit that during the pendency of these proceedings, the parties to the lis have settled their matrimonial dispute amicably by drawing up certain terms and conditions and have parted their ways. A memorandum of compromise petition - 5 - HC-KAR NC: 2026:KHC:16479 CRL.P No. 1345 of 2025 C/W WP No. 28347 of 2024 along with an affidavit of the parties before this Court seeking permission to compound the offences. 3. The memorandum of compromise petition filed in Crl.P.No.1345/2025 reads as follows: “5. The parties have amicably resolved all disputes on the following detailed terms: a) Petitioner No.1 has agreed to pay a total sum of: 6,50,000/-(Rupees Six Lakhs Fifty Thousand only) towards: Permanent alimony Past, present and future maintenance All matrimonial and related claims b) The parties agree that  The amount already deposited before this Hon'ble Court (02,00,000/-) shall be adjusted as part of the total settlement. c) Mode of payment  90,000/-already paid  13,00,000/- to be paid vide a DD bearing no 870752 dated 03.03.2026 drawn on State Bank of India Hassan at the time of recording compromise  60,000/- will be paid in cash at the time of recording compromise - 6 - HC-KAR NC: 2026:KHC:16479 CRL.P No. 1345 of 2025 C/W WP No. 28347 of 2024 6. The Respondent No.2 hereby unequivocally declares that  She has received full and final settlement amount  She is fully satisfied with the settlement  She has no surviving financial, civil, matrimonial, or criminal claims 7. It is further submitted that in view of the compromise arrived between the Petitioners and Respondent No.2 agree to withdraw all other allegations made against each other before any forum or court and they further undertake that either of them will not file any case against the each other or their family or relative. They also undertake to withdraw all other cases pending against each other across various forums. 8. It is further submitted that the said compromise is entered into by the Petitioners and Respondent no. 2 with their own consent and there is no coercion or undue pressure created by any third parties to enter into this compromise. 9. It is further submitted that the dispute between Petitioners and Respondent No. 2 is amicably settled and are willing to lead a prosperous life and have a new beginning. The Petitioners and Respondent No.2 undertake and will ensure that they, their family members, their relatives, their friends and all the persons will not interfere with each other's lives or contact each other and will not circulate or publish any information relating to the each other in any manner, in the future. 10. It is further submitted that if this compromise petition is not accepted, Petitioners and Respondent No. 2 will be put to greater hard ship and inconvenience which cannot be compensated in any manner.” Though the offence alleged against the petitioners in the case at hand inter alia is one punishable under Section 498A of - 7 - HC-KAR NC: 2026:KHC:16479 CRL.P No. 1345 of 2025 C/W WP No. 28347 of 2024 the IPC, since it is a matrimonial dispute and the parties have arrived at settlement, and the allegations are not against the State, I deem it appropriate to accept the memorandum of compromise petition and the affidavit of the parties and terminate the proceedings against the petitioners and the impugned order of the family Court. 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition and the writ petition are disposed. (ii) The impugned crime in Crime No.78/2021 and all further proceedings in S.C.No.69/2022, pending before the 4th Additional Civil Judge and JMFC, Hassan, in Crl.P.No.1345/2025 and the impugned order dated 12.10.2022, passed by the Principal Judge, I Additional Family Court at Hassan, on an application – I.A.No.4, preferred by the wife seeking interim maintenance in M.C.No.172/2021, in W.P.No.28347/2024, stand quashed, qua the petitioners, in both the petitions. Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 2 Sl No.: 91