Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25299 CRL.P No. 7692 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7692 OF 2022 (482(Cr.PC) / 528(BNSS))
BETWEEN:
1.
SRI ARUN KUMAR JOHRI S/O K.B. LAL JOHRY AGED ABOUT 68 YEARS
2.
SMT. ILLA JOHRI WIFE OF ARUN KUMAR JOHRI AGED ABOUT 64 YEARS
BOTH ARE RESIDING AT NO.II A-302 BHARAT PETROLEUM APARTMENT PLOT NO.08, SECTOR 18 A, DWARAKA, NEW DELHI-110078
AND TEMPORARILY RESIDING AT:
NO.D/3, LISHA VISTARA, CHERRY LANE OPPOSITE HAPPYLAND SUPERMARKET GREEN GLEN LAYOUT, BELLANDURU BENGALURU-560103, KARNATAKA …PETITIONERS (BY SRI. P. PRASAD, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BELLANDURU POLICE STATION REPRESENTED BY ITS SPP HIGH COURT OF KARNATAKA BENGALURU-560001
2.
SMT. PAYAL N. JOHRY WIFE OF ROHIT JOHRY
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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AGED ABOUT 37 YEARS RESIDING AT NO.801-A SRINIVASA CLASSIC APARTMENT NEXT TO FIRE STATION SARJAPURA MAIN ROAD KAIKONDRAHALLI, BENGALURU - 560035 …RESPONDENTS (BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
SRI. SANJEEV HEGDE, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONER IN C.C.NO.20783/2022 IN CR.NO.230/2021 REGISTERED AT BELLANDURU P.S., PENDING ON THE COURT OF THE 41ST ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 498-A, 323, 504 R/W SECTION 34 OF IPC R/W SECTION 4 OF DP ACT.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioners have challenged the prosecution launched against them by the respondent No.1 in C.C.No.20783/2022 pending trial before the XLI Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 498A, 323, 504 read with Section 34 of IPC read with Section 4 of the Dowry Prohibition Act, 1961.
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2. When this petition is listed for further hearing, parties have filed a joint memo, which reads as follows:-
MEMORANDUM OF SETTLEMENT UNDER JOINT MEMO I. The above petition is filed challenging the order taking cognizance of the report filed by the police on complaint filed by Smt. Payal N Johry the 2nd Respondent in Crime No. 0230/2021 for offences punishable under section 498(A), 323, 504, 34 IPC & Section 4 of D.P. Act in C.C.No.20783/2022 by the Hon'ble 41st ACMM, Bengaluru.
II. Both parties i.e. the Petitioners represented by their son, Mr. Rohit Johry and Smt. Payal N Johry, the 2nd Respondent (Defacto Complainant) state that after thorough
discussion with the able assistance of their respective advocates have agreed to settle the entirety of the disputes pending between all parties, including Mr Rohit Johry on the following terms & conditions and the facts herein after referred to. III. Mr. Rohit Johry son of the petitioners and Smt. Payal N Johry, i.e. the 2nd respondent herein
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got married on 16-02-2010 in Meerut, Uttar Pradesh as per Hindu rites and customs. They were blessed with a child by name Kum. Idhika Johry, born on 05-01-2011, (Daughter) and is in the care and custody of the mother, the 2nd Respondent herein. Due to misunderstanding and incompatibility, they are living separately from 26-12-2021. In this regard, the husband Mr. Rohit Johry has filed a petition for divorce under section 13(1)(i-a) of Hindu Marriage Act in M.C.No.5692/2021 (filed on 02-11-2021), which is pending adjudication in the court of the IIIrd Addl. Family Court at Bengaluru. The 2nd Respondent/wife has also filed a petition for maintenance under section 125 CrPC in Crl. Misc. No.0251/2023, which is pending adjudication before III AddI. Family Court at Bengaluru. IV. The Defacto complainant, Smt. Payal N Johry the 2nd Respondent agrees and states that she has no objection, whatsoever, that Crime No. 0230/2021 dated 31-12-2021 in CC No. 20783/2022 pending in 41st ACMM, Bengaluru. Charge Sheet and all proceedings arising therefrom shall be quashed by the Hon'ble High Court in the interest of justice and equity. - 5 -
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V. In view of the parties prosecuting the cases against each other as aforementioned, they are unable to continue their marital status and the Petitioners, the Petitioners' son, and the 2nd Respondent, decided to compromise to make a full and final settlement between them. After a thorough discussion with the able assistance of their respective Advocates have settled the matter and they have agreed to the following terms and conditions:
(a). Mr. Rohit Johry (petitioners son) has agreed to pay a total sum of ₹55,00,000/- (Rupees Fifty-Five Lakhs Only), to the 2nd Respondent/wife and to their daughter as full and final settlement, on the settlement date 26-05-2026 in the High Court of Karnataka towards all her claims regarding maintenance/permanent alimony for herself and the welfare, education and upbringing of their daughter name Kum.
Idhika Johry and her future needs;-
The Husband Mr. Rohit Johry has agreed to pay on the settlement date 26-05-2026 in the High Court of Karnataka a sum of Rs.25,00,000/- (Rupees Twenty-Five Lakhs Only) vide DD/Banker's cheque No. 909730
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dated: 21-05-2026 drawn on SBI Bank in the name of Payal Nigam, which the 2nd Respondent acknowledges herewith, on the same day of the settlement date. The Father Mr. Rohit Johry has agreed to pay on the settlement date 26-05-2026 in the High Court of Karnataka a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) vide DD/Banker's cheque No. 909731 dated: 21-05-2026 drawn on SBI Bank in the name of Kum.Idhika Johry, which the 2nd Respondent acknowledges herewith, on the same day of the settlement date. VI. The 2nd Respondent/wife agrees to vacate and hand over the keys of the house located at Flat No.801-A, Srinivasa Classic, Kaikondrahalli, Bangalore-560035, upon receipt of the above- mentioned DD/ Banker's cheque in the High Court of Karnataka, and further undertakes not to claim, in the future, any right, title, interest, or possession in respect of the said property and other assets (movable or immovable) of Rohit Johry and his family members. VII. Mr. Rohit Johry had also opened Sukanya Samriddhi Yojana in 2015, in the name of Kum. Idhika Johry vide A/c No.00000035360978025,
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in SBI Bank & contributed till 2022-2023, towards the benefit and welfare of their daughter Kum. Idhika Johry. VIII. The Mr. Rohit Johry had been paying certain amounts towards maintenance from 26-12- 2021 till 26-01-2023. Subsequently, in compliance with the Order passed by the Family Court in IA No. 4 in M.C. No.5692/2021 dated 30-01-2024, Mr. Rohit Johry paid one- time litigation charges along with monthly interim maintenance and arrears from the date of filing of the interim maintenance application, i.e., from 25-11-2022 till 31-03-2026. 1. Mr.
Rohit Johry/husband agrees and undertakes to withdraw M.C.No.5692/2021 filed by him and withdraw all the allegations made by him against the wife. 2. Smt. Payal N Johry/wife agrees and undertakes to withdraw Crl. Misc. No.0251/2023 filed by her and withdraw all the allegations made by her against the husband. 3. Smt. Payal N Johry/wife agrees and undertakes to withdraw CC No. 20783/2022 filed by her and withdraw all the allegations made by her against the husband and his parents. 4. Mr. Rohit Johry/husband and the 2nd Respondent/wife herein agree that apart
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from the above-mentioned claims, they don't have any other claims, grievances or disputes over exchange of any property. monetary, assets, "Streedhan", jewellery (Gold and Silver) and PPF (a/c: 0000032359199000 opened in year 2010) against each other henceforth or in future. 5. The parties further state that there has been no collusion or force, fraud, pressure or any undue influence by any of the parties to enter this compromise in the aforesaid manner. 6. Smt. Payal N Johry, being the natural guardian and custodian of their minor daughter, Kum. Idhika Johry shall have the exclusive right to represent and safeguard the child's interests in all matters concerning her education, health, emotional well-being, maintenance, and overall development. Smt. Payal N Johry, expressly undertakes to provide for all present and future needs of the child, as and when such needs may arise. By way of the present settlement, the child has been fully and adequately provided for financially, and neither the child nor anyone acting on her behalf shall raise or make any further claims, demands, or liabilities against Mr. Rohit Johry in the future. 7. Mr. Rohit Johry/husband and the 2nd Respondent/wife, Smt. Payal N Johry, agree to file a petition under Section 13-B of the Hindu Marriage Act seeking dissolution of marriage by mutual consent, within the 30 days from the signing of this agreement.
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8. Both the parties and Mr. Rohit Johry hereby strictly agree that, Mr. Rohit Johry and Smt. Payal N Johry have been living separately and apart since 26-12-2021 (for more than 4 years) and effective immediately from the date of signing this agreement they and/or their families shall not interfere, directly or indirectly, with the peaceful life, living, or liberty of each other and their respective family members in the future. It is further agreed that neither party shall share, publish, or disseminate any photographs, messages, personal chats, communications, or any other media/material in any manner whatsoever that may defame, tarnish, or prejudice the reputation and social standing of either party. 9. Both parties shall sign the Bank closure form for all their Joint accounts Union Bank (A/c: 126810100020436) and SBI Bank (A/c:No.32241640358) on the settlement date 26-05-2026, in the Hon'ble High Court of Karnataka, at Bengaluru. 10. Both parties agree that they will not use any documents, signed by either party, in future, in any manner. IX. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to record settlement and dispose off the Petition in terms of this agreement. - 10 -
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X. The parties agree to appear in the Hon'ble Courts, whenever and wherever, the matter is listed with their I.D. Proof. 3. The joint memo is taken on record. 4. The petitioners and the respondent No.2 are present and are identified by their respective counsel. They have signed the order sheet of this Court in token of acceptance of the terms of the joint memo. 5. The petitioners have today handed over two demand drafts, one for Rs.30,00,000/- drawn in the name of the daughter of respondent No.2 and another for Rs.25,00,000/- drawn in the name of respondent No.2.
These demand drafts are handed over to respondent No.2 and the respondent No.2 has handed over the key of the flat bearing No.801-A, Srinivasa Classic Apartment, Sarjapura Main Road, Kaikondarahalli, Bengaluru to the petitioners and they have acknowledged the receipt of the same. 6. In view of the joint memo filed by the petitioners and the respondent No.2, this petition is allowed. Further proceedings launched against the petitioners by the respondent
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No.1 in C.C.No.20783/2022 pending trial before the XLI Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 498A, 323, 504 read with Section 34 of IPC read with Section 4 of the Dowry Prohibition Act, 1961, is quashed. Sd/- (R. NATARAJ) JUDGE
PMR List No.: 1 Sl No.: 118