Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 22683 (KAR)

SMT. D.S REKHA, v. B.S DHANANJAYAMURTHY,

CRL.P/402/2026 · 2026-06-16

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29322 CRL.P No. 402 of 2026 C/W CRL.P No. 297 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 402 OF 2026 C/W CRIMINAL PETITION NO. 297 OF 2026 IN CRL.P No.402/2026 BETWEEN: SMT. D.S REKHA, W/O DHANANJAYAMURTHY, AGED ABOUT 38 YEARS, HOUSEWIFE, R/O C/O SIDDAPPA DALAVAYI, UJJAPPA VADERHALLI, JAGALUR TALUK, DAVANAGERE DISTRICT-577 528. …PETITIONER (BY SRI. RAGHAVENDRA RAO K., ADVOCATE) AND: B.S. DHANANJAYAMURTHY, S/O NAGARAJ, AGED ABOUT 43 YEARS, OCC: LANDOWNER AND AGRICULTURE, R/O HULIKATTE VILLAGE, DAVANAGERE DISTRICT- 577 512. …RESPONDENT (BY SRI. VIVEKANANDA N, ADVOCATE) This CRL.P is FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29322 CRL.P No. 402 of 2026 C/W CRL.P No. 297 of 2026 IN CRL. REV. PET.NO.66/2020 PASSED BY THE LEARNED 1ST ADDL. DISTRICT AND SESSION COURT, DAVANAGERE DATED 12.12.2024, ALLOW THIS CRIMINAL PETITION. IN CRL.P No.297/2026 BETWEEN: SMT. D.S REKHA, W/O DHANANJAYAMURTHY, AGED ABOUT 38 YEARS, HOUSEWIFE, R/O C/O SIDDAPPA DALAVAYI, UJJAPPA VADERHALLI, JAGALUR TALUK, DAVANAGERE DISTRICT-577 528. …PETITIONER (BY SRI. RAGHAVENDRA RAO K., ADVOCATE) AND: B.S. DHANANJAYAMURTHY, S/O NAGARAJ, AGED ABOUT 43 YEARS, OCC: LANDOWNER AND AGRICULTURE, R/O HULIKATTE VILLAGE, DAVANAGERE DISTRICT- 577 512. …RESPONDENT (BY SRI. VIVEKANANDA N, ADVOCATE) This CRL.P is FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER IN CRL. REV. PET.NO.55/2020 PASSED BY THE LEARNED 1ST ADDL. DISTRICT AND SESSION COURT, DAVANAGERE DATED 12.12.2024, ALLOW THIS CRIMINAL PETITION. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:29322 CRL.P No. 402 of 2026 C/W CRL.P No. 297 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In Crl.P.No.402/2026, the petitioner is before this Court seeking the following prayer: "Wherefore, it is most respectfully prayed that this Hon'ble court be pleased to set aside the judgement and order in Crl. Rev. Pet. No.66/2020 passed by the learned 1st Addl. District and Session Court, Davanagere dated 12.12.2024, allow this criminal petition and grant such other reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity." 2. In Crl.P.No.297/2026, the petitioner is before this Court seeking the following prayer: "Wherefore, it is most respectfully prayed that this Hon'ble court be pleased to set aside the judgement and order in Crl. Rev. Pet. No.55/2020 passed by the learned 1st Addl. District and Session Court, Davanagere dated 12.12.2024, allow this criminal petition and grant such other reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity." 3. In both the petitions, heard Sri. Raghavendra Rao K, learned counsel appearing for the petitioner, Sri. Vivekananda N, learned counsel appearing for the respondent and have perused the material on record. - 4 - HC-KAR NC: 2026:KHC:29322 CRL.P No. 402 of 2026 C/W CRL.P No. 297 of 2026 4. The parties to the lis were also before the Family Court, Davanagere in M.C.No.135/2017 and have settled the dispute amongst themselves in mediation by terms of settlement. One of the term of the settlement is, closure of the present proceedings. The parties to the lis have filed a Joint Memo before this Court in this regard. The said Joint Memo reads as follows: "The petitioner and respondent above-named, most respectfully submit as follows: 01. The respondent, Sri. Dhanjayamurthy, S/o Nagaraja, and the petitioner, Smt. Rekha, D/o Siddappa, were married on 24.03.2014 at Government Employees Convention Hall, Nijalingappa Layout, Davanagere, as per Hindu rites, customs, and rituals prevailing in their community. 02. The respondent filed a divorce petition being M.C.No.135/2017 before the Hon'ble Principal Family Judge, Family Court, Davanagere, under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage on the grounds of cruelty and desertion. 03. The Hon'ble Family Court, Davanagere, dismissed the said petition vide Judgment and Decree dated 04.12.2023, against which the respondent preferred the present Miscellaneous First Appeal bearing MFA No.196/2024 before this Hon'ble Court. 04. The parties were referred to mediation in connection with the criminal proceedings bearing Crl.P No. 402/2026 and Crl.P No. 297/2026 pending before this Hon'ble Court, and in the course of such mediation, the parties have arrived at a full and final settlement of all disputes and differences between them, as set out herein below. - 5 - HC-KAR NC: 2026:KHC:29322 CRL.P No. 402 of 2026 C/W CRL.P No. 297 of 2026 05. The petitioner and the Respondent have mutually, voluntarily, and without any coercion, undue influence, or compulsion, agreed to dissolve their marriage by a decree of divorce, and have settled all matters between them on the following terms and conditions: a. Both parties have been living separately for more than one year and have mutually agreed that they cannot live together as husband and wife. b. In full and final settlement of all claims including permanent alimony, maintenance, stridhan, and any other monetary non-monetary claims, the respondent agrees to pay a sum of Rs. 16,50,000/- to the Respondent. This payment is made today through DD dated 10/06/2026 bearing No. 186766 and Rs.50,000/- through Phone Pe in total Rs.17,00,000/-. Upon receipt of the aforesaid amount, the Respondent confirms that she shall have no further claims of any nature whatsoever against the respondent, his family members, or his properties, whether present or future. c. The Respondent hereby unconditionally and irrevocably relinquishes, waives, and abandons all her rights, claims, and demands of every kind and nature whatsoever whether past, present, or future against the respondent, including but not limited to: i. Any claim for maintenance or alimony under the Hindu Marriage Act, 1955, or under the Code of Criminal Procedure, 1973, or under any other law for the time being in force; ii. Any claim over the movable or immovable properties of the respondent or his family members; iii. Any claim arising out of or in connection with the matrimonial relationship between the parties; iv. Any complaint, criminal case, or proceeding of any nature filed or to be filed against the respondent or his family members arising out of the matrimonial relationship. - 6 - HC-KAR NC: 2026:KHC:29322 CRL.P No. 402 of 2026 C/W CRL.P No. 297 of 2026 d. The Respondent agrees to fully and unconditionally cooperate with the respondent for the purpose of withdrawal, settlement, and disposal of the criminal proceedings bearing Crl.P No. 402/2026 and Crl.P No. 297/2026 pending before this Hon'ble Court, and any other connected criminal or civil proceedings that may be pending between the parties or their family members. The Respondent shall take all necessary steps and execute all necessary documents as may be required for the disposal of the aforesaid proceedings. e. The Respondent agrees and undertakes that she shall not file any fresh complaint or civil proceeding against the respondent or any of his family members, relatives, or associates arising out of or in connection with the matrimonial relationship, the marriage, or the divorce proceedings. f. Each party agrees to retain their respective personal belongings. There shall be no further claims by either party regarding matrimonial articles, gifts, or documents, as all such disputes stand settled. g. There are no children born out of the said marriage. Hence, there is no question of custody, guardianship, or maintenance for children. h. The terms set out herein constitute a complete, full, and final settlement of all disputes, differences, and claims between the parties arising out of or in connection with the marriage, the matrimonial relationship, and all pending proceedings. Neither party shall be entitled to raise any claim against the other in future on any ground whatsoever. Wherefore the petitioner and the Respondent jointly and respectfully pray that this Hon'ble Court may be pleased to accept this Joint Petition." 5. Therefore, in light of the settlement arrived at between the parties and Joint Memo having been filed by the - 7 - HC-KAR NC: 2026:KHC:29322 CRL.P No. 402 of 2026 C/W CRL.P No. 297 of 2026 parties to the lis which is quoted supra and the offences not being against the State, I deem it appropriate to accept the said Joint Memo and terminate the proceedings pending against the petitioner in the subject petitions. 6. For the aforesaid reasons, the following: ORDER i. Criminal Petitions are disposed. ii. In Crl.P.No.402/2026, judgement and order in Crl. Rev. Pet. No.66/2020 passed by the 1st Addl. District and Session Court, Davanagere dated 12.12.2024, is set-aside. iii. In Crl.P.No.297/2026, judgement and order in Crl. Rev. Pet. No.55/2020 passed by the 1st Addl. District and Session Court, Davanagere dated 12.12.2024, is set-aside. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 4 Sl No.: 5