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2026 DAILYLAW 14816 (KAR)

MOHAN KUMAR R v. SMT JEEVITHA,

CRL.P/5671/2026 · 2026-04-09

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20196 CRL.P No. 5671 of 2026 C/W CRL.P No. 3830 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5671 OF 2026 C/W CRIMINAL PETITION NO. 3830 OF 2026 IN CRL.P No. 5671/2026 BETWEEN: 1. MOHAN KUMAR R., S/O RAJENDRAN M., AGED ABOUT 31 YEARS, R/AT NO.3, 4TH CROSS, 22ND MAIN, J P NAGAR, 5TH PHASE, BENGALURU SOUTH BENGALURU – 560 076. 2. RAJENDRA M., S/O MEGHANATH, AGED ABOUT 58 YEARS, R/AT NO.3, 4TH CROSS, 22ND MAIN, J P NAGAR, 5TH PHASE, BENGALURU SOUTH BENGALURU – 560 076. 3. BHARATHI R., W/O RAJENDRAN M., AGED ABOUT 54 YEARS, R/AT NO.3, 4TH CROSS, 22ND MAIN, J P NAGAR, 5TH PHASE, BENGALURU SOUTH Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20196 CRL.P No. 5671 of 2026 C/W CRL.P No. 3830 of 2026 BENGALURU – 560 076. …PETITIONERS (BY SRI RANGANATH REDDY R., ADVOCATE) AND: SMT. JEEVITHA, W/O MOHAN KUMAR, AGED ABOUT 25 YEARS, R/AT: NO.11, 5TH CROSS, DESHBANDHU NAGAR, DODDABOMMASANDRA, BENGALURU CITY, KARNATAKA – 560 097. …RESPONDENT (BY SRI S.R.NAGARAJA, ADVOCATE) THIS CRL.P IS FILED U/S 528 OF BNNS PRAYING TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.49/2021 PENDING BEFORE THE LEARNED MAGISTRATE TRAFFIC COURT-III BENGALURU ARISING OUT OF THE PETITION FILED UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005, INCLUDING THE INTERM ORDER DATED 22.06.2021. IN CRL.P NO. 3830/2026 BETWEEN: 1. MOHAN KUMAR R., S/O RAJENDRAN M., AGED ABOUT 31 YEARS, R/AT NO.3, 4TH CROSS, 22ND MAIN, J P NAGAR, 5TH PHASE, BENGALURU SOUTH, - 3 - HC-KAR NC: 2026:KHC:20196 CRL.P No. 5671 of 2026 C/W CRL.P No. 3830 of 2026 BENGALURU – 560 076. 2. BHARATHI R., W/O RAJENDRAN M., AGED ABOUT 54 YEARS, R/AT NO.3, 4TH CROSS, 22ND MAIN, J.P.NAGAR, 5TH PHASE, BENGALURU SOUTH, BENGALURU – 560 076. 3. RAJENDRAN M., S/O MEGHANATHAN, AGED ABOUT 58 YEARS, R/AT NO.3, 4TH CROSS, 22ND MAIN, J.P.NAGAR, 5TH PHASE, BENGALURU SOUTH, BENGALURU – 560 076. ...PETITIONERS (BY SRI RANGANATH REDDY R., ADVOCATE) AND: 1. STATE BY VIDYARANYAPURA P S BENGALURU DISTRICT, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, PIN CODE – 560 001. 2. SMT.JEEVITHA W/O MOHAN KUMAR, AGED ABOUT 25 YEARS, R/AT NO.11, 5TH CROSS, DESHBANDHU NAGAR, - 4 - HC-KAR NC: 2026:KHC:20196 CRL.P No. 5671 of 2026 C/W CRL.P No. 3830 of 2026 DODDABOMMASANDRA, BENGALURU CITY, KARNATAKA – 560 097. ...RESPONDENTS (BY SRI ANOOP KUMAR, HCGP FOR R-1; SRI S.R.NAGARAJA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND ENTIRE PROCEEDINGS IN FIR IN CRIME NO.50/2021 REGISTERED BY VIDYARANYAPURA POLICE STATION INCLUDING THE CHARGE SHEET FILED IN CC NO.13059/2021 PENDING ON THE FILE OF THE LEARNED 41ST ADDL.CMM BENGALURU FOR THE ALLEGED OFFENCES P/U/S 4 OF DP ACT AND U/S 504, 498A, 506, 34 OF IPC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners in both the petitions are husband and his parents. They are before this Court calling in question proceedings in Crl.Misc.No.49/2021, pending before the Magistrate Traffic Court – III, Bengaluru, for the offences punishable under Sections 12, 18, 19, 20, 22 and 23 of the Domestic Violence Act, 2005 impugned in Crl.P.No.5671/2026 and proceedings in C.C.No.13059/2021, pending before the - 5 - HC-KAR NC: 2026:KHC:20196 CRL.P No. 5671 of 2026 C/W CRL.P No. 3830 of 2026 41st Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 504, 498A, 506 and 34 of the IPC and Section 4 of the Dowry Prohibition Act. 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.2110/2020 and have settled their matrimonial dispute amicably before the Karnataka Mediation Centre, Bengaluru, by drawing up certain terms and conditions. The couple have parted their ways. Therefore, they are before this Court seeking quashment of the proceedings. The parties have filed application – I.A.No.1/2026 under Sections 482 r/w. 320 of the Cr.P.C., with a joint affidavit of the parties along with a photocopy of the memorandum of settlement, before this Court. 3. The joint affidavit reads as follows: “…. …. …. 5. The disputes between the parties have been amicably settled before the Karnataka Mediation Centre, Bengaluru, and a Memorandum of Settlement dated 24.02.2026 has been entered into between the parties. Also annexed as Annexure A. 6. The petitioner has agreed to pay a sum of `35,00,000/- (Rupees Thirty-Five Lakhs only) as full and - 6 - HC-KAR NC: 2026:KHC:20196 CRL.P No. 5671 of 2026 C/W CRL.P No. 3830 of 2026 final settlement. The first instalment of `17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand only) was paid on 23/02/2026 vide Demand Draft No. 884431, drawn on City Union Bank, JP Nagar Branch, in favour of Respondent No. 2. The remaining amount of `17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand only) has been paid on 09/04/2026 vide Demand Draft No. 884433, drawn on Union Bank, JP Nagar Branch, towards full and final settlement. 7. Further, the minor child, Dhruv Dev, aged 5 years, shall reside with the mother, and the petitioner (father) has no objection to the same. 8. In terms of the said settlement, the marriage between Petitioner No.1 and Respondent No.2 has been dissolved by a decree of divorce dated 24.02.2026 passed by the competent court. 9. Respondent No.2 has no subsisting grievance against the Petitioners and does not wish to prosecute the criminal proceedings any further. 10. Continuation of the criminal proceedings would cause unnecessary hardship to both parties and would serve no useful purpose.” In the light of the fact that the parties have arrived at settlement and since it is a matrimonial dispute, I deem it appropriate to accept the application and terminate the proceedings against the petitioners, as the allegations are not against the State. - 7 - HC-KAR NC: 2026:KHC:20196 CRL.P No. 5671 of 2026 C/W CRL.P No. 3830 of 2026 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petitions are disposed. (ii) The proceedings in Crl.Misc.No.49/2021, pending before the Magistrate Traffic Court – III, Bengaluru, impugned in Crl.P.No.5671/2026 and proceedings in C.C.No.13059/2021, pending before the 41st Additional Chief Metropolitan Magistrate, Bengaluru, impugned in Crl.P.No.3830/2026, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 4 Sl No.: 14