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2026 DAILYLAW 20657 (KAR)

SMT. KALPANA v. STATE OF KARNATAKA BY

CRL.P/2787/2024 · 2026-06-08

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27264 CRL.P No. 2787 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2787 OF 2024 BETWEEN: 1. SMT. KALPANA, W/O PUTTASWAMY M.P, AGED ABOUT 51 YEARS, R/AT SARASWATHIPURAM, AGRAHARA, SAKALESHPURA TALUK, HASSAN - 573 134. 2. SRI. PUTTASWAMI M.P, S/O PUTTASWAMY GOWDA, AGED ABOUT 66 YEARS, R/AT AGRAHARA, SARASWATHIPURAM, SAKALESHPURA TALUK, HASSAN - 573 134. 3. SRI. BRUNDAN H.S, S/O SHIVANNA H.P, AGED ABOUT 35 YEARS, R/AT HIRIKOLE, TAGARE, HASSAN - 573 134. 4. SRI. SUBRAMANYA S.B, S/O LATE BASAVARAJU, NO. 257, 8tH CROSS, JANATHA COLONY, RAGHAVENDRANAGAR, BALEGADDE, SAKALESHPURA, HASSAN 573 134. …PETITIONERS (BY SRI. SUNIL KUMAR B.N, ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27264 CRL.P No. 2787 of 2024 AND: 1. STATE OF KARNATAKA BY SHANIVARASANTHE POLICE STATION, (REPRESENTED BY S.P.P, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 01.) 2. SMT. SINCHANA.M.D, W/O SUTHAN.M.P, SARASWATHIPURAM, SAKALESHPURA. PRESENTLY RESIDES AT: AKKASALIGARA BHEEDHI, KODLIPETE, SOMAVARPETE TALUK, KODAGU DISTRICT 571 231. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. NARESH KUMAR P.C, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.31/2024 DATED 09.02.2024 REGISTERED BY THE RESPONDENT POLICE, SHANIWARASANTHE POLICE STATION, UNDER SECTIONS 498- A, 323, 504, 506 AND 34 OF THE IPC R/W SEC.3 AND 4 OF DP ACT 1961 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT, SOMAWARPET AT KODAGU. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:27264 CRL.P No. 2787 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court calling in question proceedings in Crime No.31/2024 pending before the Senior Civil Judge and JMFC Court, Somawarpet at Kodagu, for the offences under Sections 498-A, 323, 504, 506, 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri. Sunil Kumar B.N., learned counsel appearing for the petitioners, Sri.Rashmi Patel, learned HCGP appearing for respondent No.1, Sri.Naresh Kumar P.C., learned counsel appearing for respondent No.2 and have perused the material on record. 3. The parties to the lis were also before the Family Court in M.C.No.651/2026 and have settled the dispute amongst themselves before the Family Court by terms of settlement. The said Memorandum of Settlement reads as follows: - 4 - HC-KAR NC: 2026:KHC:27264 CRL.P No. 2787 of 2024 “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above named submit as follows:- I. The aforesaid petition filed by the Petitioners u/s.13-B of the Hindu Marriage Act, 1955 for dissolution of their marriage. II. The statutory period of six months has been waived by the Hon'ble Court vide its order dated 30-01-2026. III. The petition is referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioners with their counsel were present, identified each other and they have resolved their dispute and have agreed to the following terms and conditions: 1. Both the parties state that their marriage was solemnized on 16.04.2023 at Smt. Bhadramma Mahanthappa Kalyana Mantapa, Near Kirikodli School, Kodlipete, Somawarpete Taluk, Coorg, as per Hindu rites and customs. The 1st petitioner is residing at Bengaluru within the jurisdiction of this Hon'ble Court. 2. The parties state that due to irreconcilable differences in the natures, outlook and temperaments and general incompatibility, they have been living separately since November 2023. The efforts made by the elders, friends and well-wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion amongst them. Hence, the petitioners have decided to get their marriage dissolved by a decree of divorce mutually. 3. The parties state that they have no children born to them from their wedlock. 4. Both the parties are gainfully employed as such they have no claims of maintenance/permanent alimony against each other. 5. Both the parties state that they have no claims of whatsoever nature against each other either past, present or future. - 5 - HC-KAR NC: 2026:KHC:27264 CRL.P No. 2787 of 2024 6. Both the parties state that they have already exchanged their valuable articles. 7. In view of the above settlement arrived between the parties 2nd petitioner has agreed to cooperate for the closure/quashing of C.C No.505/2024 filed under Section 498-A, 323, 504, 506 of IPC Senior Civil Judge and JMFC, Somvarpet, Kodagu. The 1st petitioner and his family members have filed Crl. Petition No.3814/2024 and Crl.P.2787/2024 on the file of Hon'ble High Court of Karnataka seeking quashing of the criminal case filed against them. The 2nd petitioner has agreed to co-operate with the 1st petitioner in the said matters seeking closure or quashing of the C.C.No.505/2024. 8. Both the parties state that they have no claims over movable or immovable properties belonging to each other either existing or to be acquired in future. 9. The parties have entered into this settlement agreement on their own free will and consent, without any force, threat, fraud or coercion from any one. 10. Both the parties agree not to interfere in the lives of each other in any manner in future. IV. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 16.04.2023 at Smt. Bhadramma Mahanthappa Kalyana Mantapa, Near Kirikodli School, Kodlipete, Somawarpete Taluk, Coorg, by granting a decree of mutual divorce in terms of the aforesaid agreement. V. Parties will appear on 31.01.2026 before the Hon'ble Court for passing orders in terms of the agreement.” 4. The parties to the lis have also filed compounding application along with Joint Memo stating the terms of compromise to that effect. Therefore, in light of the settlement arrived at between the parties quoted supra and the offences - 6 - HC-KAR NC: 2026:KHC:27264 CRL.P No. 2787 of 2024 not being against the State, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. ii. Proceedings in Crime No.31/2024 pending before the Senior Civil Judge and JMFC Court, Somawarpet at Kodagu, stands quashed, qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 84