Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 17360 (KAR)

SMT SHASHI v. THE STATE OF KARNATAKA

CRL.P/2550/2023 · 2026-04-25

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2550 OF 2023 C/W CRIMINAL PETITION NO. 6551 OF 2026 IN CRL.P No. 2550/2023 BETWEEN: 1. SMT. SHASHI, W/O SURESH, AGED ABOUT 55 YEARS, 2. SURESH, S/O RANGARAJU, AGED ABOUT 62 YEARS, BOTH ARE R/AT NO.179, 8TH CROSS, RATHNA NAGAR, DODDAGOLLARAHATTI, BENGALURU – 560 091. 3. SMT. GEETHA, W/O SRINIVASA P., AGED ABOUT 41 YEARS, R/AT NO.174, RAMA RAO LAYOUT, RATHNA NAGAR, DODDAGOLLARAHATTI, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 BENGALURU – 560 091. …PETITIONERS (BY SRI. MADESH V. M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BYADARAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SMT. NAVYA M. S., W/O KIRAN, D/O SHANKARACHARYA M. K., AGED ABOUT 28 YEARS, R/AT NO.1655, 30TH CROSS, ‘D’ GROUP LAYOUT, SRIGANDHAKAVAL, BENGALURU – 560 091. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI. CHIRANJEEVI K.R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU IN C.C.NO.26625/2022 FOR THE OFFENCE P/U/S. 498-A, 504, 506 R/W SEC.34 OF IPC AND SEC.4 OF DP ACT. - 3 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 IN CRL.P NO. 6551/2026 BETWEEN: KIRAN T. S., S/O SURESH, AGED ABOUT 37 YEARS, RESIDING AT NO.179, 8TH CROSS, RATHNA NAGAR, DODDAGOLLARAHATTI, BENGALURU – 560 091. ...PETITIONER (BY SRI. MADESH V. M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BYADARAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. NAVYA M.S., W/O KIRAN, D/O SHANKARACHARYA M. K., AGED ABOUT 28 YEARS, RESIDING AT NO.1655, 30TH CROSS, ‘D’ GROUP LAYOUT, SRIGANDHAKAVAL, BENGALURU – 560 091. ...RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI. CHIRANJEEVI K.R., ADVOCATE FOR R2) - 4 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.26625/2022 ARISING OUT OF CRIME NO.81/2022 REGISTERED BY BYADRAHALLI POLICE STATION FOR THE OFFENCES P/U/S 498A, 504, 506 R/W 34 OF IPC AND SECTION 4 OF DP ACT PENDING ON THE FILE OF THE CJM BENGALURU RURAL DISTRICT, AT BENGALURU, IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.26625/2022 registered for the offences under Sections 498A, 504, 506 read with Section 34 of the IPC and Section 4 of the Dowry Prohibition Act. 2. Heard Sri. Madesh V.M., learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri. Chiranjeevi K.R., learned counsel appearing for respondent No.2, in both the cases and have perused the materials on record. - 5 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed compounding applications along with the joint affidavits. The joint affidavits so filed in both the petitions, read as follows: “In Crl.P.No.2550/2023: JOINT AFFIDAVIT We, 1) Smt. Shashi, W/o Suresh T R, aged about 60 years, residing at No.179, 8th Cross, Magadi Main Road, Rathanagara, Gollarahatti, Bengaluru-560091 2) Sri. Suresh, S/o Rangaraju, Aged about 64 years, residing at No.179, 8th Cross, Magadi Main Road, Rathanagara, Gollarahatti, Bengaluru-560091 3) Smt. Geetha, W/o Srinivas, aged about 42 years, residing at No.174, Rama Rao Layout, Rathnanagara, Chikkagollahatti, Bengaluru City-560091. All are today at Bengaluru and Smt. Navya M S, D/o Shankarachari M K, aged about 33 years, residing at No.1655, 30th Main, 30th Cross, D Group Layout, Srigandakavalu, Bengaluru-560091 today at Bengaluru do hereby affirm and state on oath as under: 1. We, the Petitioners and 2nd Respondent deposing this affidavit on in above said case and we are well aware with the facts and circumstances of the case and competent to swear to this affidavit. 2. We state that the averments made in the memorandum of petition may be treated as part and parcel of this affidavit in order to avoid brevity and circumlocution. 3. We state that the Petitioners have filed the above petition Under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire further - 6 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 proceedings against the Petitioner in C.C. No.26625/2022 arising out crime No.81/2022 for offences punishable under section 498A, 504, 506 r/w 34 of I.P.C. and section 4 of D.P. Act, pending on the file of CHIEF JUDICIAL MAGISTRATE (C.J.M.) BENGALURU RURAL DISTRICT, AT BENGALURU. 4. We state that the parties are willing to compound the offences and withdraw their allegation against each other's. Subsequently to facilitate the said settlement the Accused No.1 and 2nd Respondent have entered into a Memorandum of Settlement Agreement before mediation center on 22.04.2026 in M.C.No.4254/2025, the Parties appeared before the Hon'ble III Addl. Principal Judge, Family Court, at Bengaluru in M.C.No.4254/2025 on 25.04.2026 reported their settlement. The copy of the Memorandum of settlement is produced herewith along with this affidavit for the kind perusal of this Hon'ble Court. 5. We state that, the Accused No.1 and 2nd Respondent mutually agree that they have no claims whatsoever either past, present or future against each other. 6. We state that, the Accused No.1 and the 2nd Respondent have settled all their differences and have decided to part in a dignified manner without any friction or bad blood between them and have opted for the final settlement by lawfully. 7. we state that the 2nd Respondent has agreed to settle the dispute by receiving an amount of Rs.18,50,000/-(Rupees Eighteen Lakhs Fifty Thousand Only) towards full and final settlement for her claims towards permanent alimony/maintenance and maintenance of her minor Son Master Deshwanth Sainandan K from the Accused No.1. The settlement agreement reads as follows: a) An amount of Rs.9,00,000/- (Rupees Nine Lakh Only) shall be paid to the 2nd Respondent by way of Demand Draft bearing No.575856 dated 15.04.2026 drawn on - 7 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 Karnataka Bank and the same will be hand over to the 2nd Respondent at the time of reporting settlement of the M.C.No.4254/2025. The Accused No.1 handed over the above DD as per the agreement terms before the family court on 17.04.2026. b) A sum of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand Only) shall be paid by the Accused No.1 by way of Demand Draft bearing No.575857 dated 15.04.2026 drawn on Karnataka Bank and the same shall be hand over to the 2nd Respondent at the time of withdrawal of the Crl.Misc.No.89/2022 pending on the file of Hon'ble Judicial Magistrate First Class (Traffic Court-III), at Bengaluru. As per the settlement agreement condition the Accused No.1 handed over the DD to the 2nd Petitioner before the traffic court on 22.04.2026. c) A sum of Rs.5,00,000/- (Rupees Five Lakhs Only) shall be paid to the 2nd Respondent by way of DD bearing No.575847 dated 23.03.2026 drawn on Karnataka Bank and the same will be hand over to the 2nd Respondent at the time of reporting settlement in Crl.P.No.2550/2023 and another petition filed by the Accused No.1 challenging the quashment of entire proceeding in C.C.No.26625/2022 arising out of crime No.81/2022 for offences punishable under section 498A, 504, 506 r/w 34 of I.P.C. and section 4 of D.P. Act, pending on the file of CHIEF JUDICIAL MAGISTRATE (C.J.M.) BENGALURU RURAL DISTRICT, AT BENGALURU. 8. We state that, the 2nd Respondent agreed to withdraw the Crl.Misc.89/2022 filed by her against the Petitioners and the Accused No.1. 9. We state that, the Accused No.1 agreed to withdraw the Crl. Appeal No.264/2024 filed by him - 8 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 pending before the Hon'ble Additional City Civil and Sessions Judge (CCH-53), At Bengaluru. 10. We state that, the Accused No.1 agreed that, 2nd Respondent will have permanent custody of their minor son Master Deshwanth Sainandan K. The Accused No.1 will have only visitation rights on 4th Sunday of every month from 10.:00am to 1:00pm at part near by the 2nd Respondent's house. 11. We state that, the Accused No.1 agreed that, the 2nd Respondent/mother shall have the sole legal and physical custody of their minor son Master.Deshwanth Sainandan K and 2nd Respondent/mother shall free to make all decision in all matters pertaining to upbringing of the minor child including education healthcare, religion, vacations, travel and all significant matters surrounding the child's welfare. 12. We state that there is no coercion, undue influence or force from anybody upon us to file this affidavit and the 2nd Respondent/4 deponent wilfully has given consent to quash the C.C. No.26625/2022 arising out of crime No.81/2022 for offences punishable under section 498A, 504, 506 r/w 34 of I.P.C. and section 4 of D.P. Act, pending on the file of CHIEF JUDICIAL MAGISTRATE (C.J.M.) BENGALURU RURAL DISTRICT, AT BENGALURU. Which was registered on complaint of 2nd Respondent/deponent No.4, which is the subject matter of this criminal petition. WHEREFORE, we humbly pray that this Hon'ble Court be pleased to accept the joint affidavit and to allow the IA for compounding the offences and allow the above said Criminal Petition for quashing the entire further proceedings against the petitioners in No.26625/2022 arising out of crime No.81/2022 for offences punishable under section 498A, 504, 506 r/w 34 of I.P.C. and section 4 of D.P. Act, pending on the file of CHIEF JUDICIAL MAGISTRATE (C.J.M.) BENGALURU RURAL DISTRICT, AT BENGALURU, in the interest of Justice and Equity. Whatever stated in Para No. 1 to 12 of this affidavit are true to the best of our knowledge, belief and information. - 9 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 This is our true name and signatures". In Crl.P.No.6551/2026: JOINT AFFIDAVIT We, Sri. Kiran T S, S/o Suresh T R, aged about 38 years, residing at No.179, 8th Cross, Magadi Main Road, Rathanagara, Gollarahatti, Bengaluru-560091 today at Bengaluru and Smt.Navya M S, D/o Shankarachari M K, aged about 33 years, residing at No.1655, 30th Main, 30th Cross, D Group Layout, Srigandakavalu, Bengaluru- 560091 today at Bengaluru do hereby affirm and state on oath as under: 1. We, the Petitioner and 2nd Respondent deposing this affidavit on in the above said case and we are well aware with the facts and circumstances of the case and competent to swear to this affidavit. 2. We state that the averments made in the memorandum of petition may be treated as part and parcel of this affidavit in order to avoid brevity and circumlocution. 3. We state that the Petitioner have filed the above petition Under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire further proceedings against the Petitioner in C.C. No.26625/2022 arising out crime No.81/2022 for offences punishable under section 498A, 504, 506 r/w 34 of I.P.C. and section 4 of D.P. Act, pending on the file of CHIEF JUDICIAL MAGISTRATE (C.J.M.) BENGALURU RURAL DISTRICT, AT BENGALURU. 4. We state that the parties are willing to compound the offences and withdraw their allegation against each other's. Subsequently to facilitate the said settlement the Petitioner and 2nd Respondent have entered into a Memorandum of Settlement Agreement before mediation center on 22.04.2026 in M.C.No.4254/2025, the Parties appeared before the Hon'ble III Addl. Principal Judge, Family Court, at Bengaluru in M.C.No.4254/2025 on 25.04.2026 - 10 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 reported their settlement. The copy of the Memorandum of settlement is produced herewith and marked as ANNEXURE 'E' in the Petition. 5. We state that thereby the parties mutually agree that they have no claims whatsoever either past, present or future against each other. 6. We state that we both have settled all our difference and have decided to part in a dignified manner without any friction or bad blood between us and have opted for the final settlement by lawfully. 7. we state that the 2nd Respondent has agreed to settle the dispute by receiving an amount of Rs.18,50,000/-(Rupees Eighteen Lakhs Fifty Thousand Only) towards full and final settlement for her claims towards permanent alimony/maintenance and maintenance of her minor Son Master Deshwanth Sainandan K. The settlement agreement terms reads as follows: a) An amount of Rs.9,00,000/- (Rupees Nine Lakh Only) shall be paid to the 2nd Respondent by way of Demand Draft bearing No.575856 dated 15.04.2026 drawn on Karnataka Bank and the same will be hand over to the 2nd Respondent at the time of reporting settlement of the M.C.No.4254/2025. The Petitioner handed over the above DD as per the agreement terms before the family court on 17.04.2026. b) A sum of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand Only) shall be paid by the Petitioner by way of Demand Draft bearing No.575857 dated 15.04.2026 drawn on Karnataka Bank and the same shall be hand over to the 2nd Respondent at the time of withdrawal of the Crl.Misc.No.89/2022 pending on the file of Hon'ble Judicial Magistrate First Class (Traffic Court-III), at Bengaluru. As per the settlement agreement condition the Petitioner handed over the DD - 11 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 to the 2nd Respondent before the traffic court on 22.04.2026. c) A sum of Rs.5,00,000/- (Rupees Five Lakhs Only) shall be paid to the 2nd Respondent by way of DD bearing No.575847 dated 23.03.2026 drawn on Karnataka Bank and the same will be hand over to the 2nd Respondent at the time of reporting settlement in Crl.P.No.2550/2023 and the present petition filed by the Petitioner for quashing of the entire proceedings in C.C.No.26625/2022 arising out of crime No.81/2022 for offences punishable under section 498A, 504, 506 r/w 34 of I.P.C. and section 4 of D.P. Act, pending on the file of CHIEF JUDICIAL MAGISTRATE (C.J.M.) BENGALURU RURAL DISTRICT, AT BENGALURU. 8. We state that, the 2nd Respondent agreed to withdraw the Crl.Misc.89/2022 filed by her against the Petitioner and his family members. 9. We state that, the Petitioner agreed to withdraw the Crl. Appeal No.264/2024 filed by him pending before the Hon'ble Additional City Civil and Sessions Judge (CCH- 53), At Bengaluru. 10. We state that, the Petitioner agreed that, 2nd Respondent will have permanent custody of their minor son Master Deshwanth Sainandan K. The Petitioner will have only visitation rights on 4th Sunday of the month from 10:00am to 1:00pm at part near by the 2nd Respondent house. 11. We state that, the Petitioner agreed that, the 2nd Respondent/mother shall have the sole legal and physical custody of their minor son Master.Deshwanth Sainandan K and 2nd Respondent/mother shall free to make all decision in all matters pertaining to upbringing of the minor child including education healthcare, religion, vacations, travel and all significant matters surrounding the child's welfare. - 12 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 12. We state that there is no coercion, undue influence or force from anybody upon us to file this affidavit and the 2nd Respondent/2nd Deponent wilfully has given consent to quash the C.C. No.26625/2022 arising out of crime No.81/2022 for offences punishable under section 498A, 504, 506 r/w 34 of I.P.C. and section 4 of D.P. Act, pending on the file of CHIEF JUDICIAL MAGISTRATE (C.J.M.) BENGALURU RURAL DISTRICT, AT BENGALURU. Which was registered on 2nd Respondent/deponent No.2's complaint, which is the subject matter of this criminal petition. WHEREFORE, we humbly pray that this Hon'ble Court be pleased to accept the joint affidavit and to allow the IA for compounding the offences and allow the above said Criminal Petition for quashing the entire further proceedings against the Petitioner in No.26625/2022 arising out of crime No.81/2022 for offences punishable under section 498A, 504, 506 r/w 34 of I.P.C. and section 4 of D.P.Act, pending on the file of CHIEF JUDICIAL MAGISTRATE (C.J.M.) BENGALURU RURAL DISTRICT, AT BENGALURU, in the interest of Justice and Equity. Whatever stated in Para No. 1 to 12 of this affidavit are true to the best of our knowledge, belief and information. This is out true name and signatures." 4. The parties to the lis are present before the Court and are identified by their respective counsel. 5. In the light of applications for compounding being filed along with the joint affidavits and offences not being against the State, I deem it appropriate to accept the compounding applications and the joint affidavits and terminate - 13 - HC-KAR NC: 2026:KHC:23067 CRL.P No. 2550 of 2023 C/W CRL.P No. 6551 of 2026 the proceedings against these petitioners in the subject petitions. 6. For the aforesaid reasons, the following: ORDER [I] Criminal Petitions are disposed. [II] Crl.P.No.2550/2023, proceedings in C.C.No.26625/2022 pending before the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, stands quashed qua these petitioners. [III] In Crl.P.No.6551/2026, proceedings in C.C.No.26625/2022 pending before the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 230