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2026 DAILYLAW 24410 (KAR)

SRI. S. NISHANTH, v. STATE OF KARNATAKA

CRL.P/8791/2026 · 2026-06-25

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31876 CRL.P No. 8791 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8791 OF 2026 BETWEEN: 1. SRI. S. NISHANTH, AGED ABOUT 38 YEARS, S/O. SOMASHEKAR, R/AT NO.324-C, “SHRI VENKATESHWARA NILAYA”, 12TH MAIN, SHANTHINIKETAN LAYOUT, AREKERE, BENGALURU - 560 076. 2. SMT. SAVITHRAMMA, AGED ABOUT 61 YEARS, W/O. SRI. SOMASHEKAR, R/AT NO.324-C, “SHRI VENKATESHWARA NILAYA”, 12TH MAIN, SHANTHINIKETAN LAYOUT, AREKERE, BENGALURU - 560 076. 3. SRI. SOMASHEKAR, AGED ABOUT 71 YEARS, S/O. SRI NARAYANAPPA, R/AT NO.324-C, “SHRI VENKATESHWARA NILAYA”, 12TH MAIN, SHANTHINIKETAN LAYOUT, AREKERE, BENGALURU - 560 076. 4. SRI. KISHORE, AGED ABOUT 33 YEARS, S/O. SRI. SOMASHEKAR, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31876 CRL.P No. 8791 of 2026 R/AT NO.324-C, “SHRI VENKATESHWARA NILAYA”, 12TH MAIN, SHANTHINIKETAN LAYOUT, AREKERE, BENGALURU - 560 076. …PETITIONERS (BY SRI. RAGHAVENDRA K, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY THE STATION HOUSE OFFICER, HULIMAVU POLICE STATION, BENGALURU CITY. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. A. SAVITHA, AGED ABOUT 33 YEARS, W/O. SRI. S. NISHANTH, R/AT NO.324-C, “SHRI VENKATESHWARA NILAYA”, 12TH MAIN, SHANTHINIKETAN LAYOUT, AREKERE, BENGALURU - 560 076. …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R-1; SMT. SUNITHA M, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO CALL FOR THE RECORDS IN S.C.NO.923/2022 PRESENTLY PENDING ON THE FILE OF THE LXXI ADDL. CITTY CIVIL AND SESSIONS JUDGE, BENGALURU AND QUASH THE PROCEEDINGS IN S.C.NO.923/2022 FOR OFFENCES P/U/S 498- A, 307 R/W SEC.504 AND SEC.34 OF THE IPC, PENDING ON THE FILE OF THE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31876 CRL.P No. 8791 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court calling in question proceedings in S.C.No.923/2022, pending before the LXXI Addl. City Civil and Sessions Judge, Bengaluru, for the offences under Sections 498-A, 307 read with Sections 504 and 34 of Indian Penal Code. 2. Heard Sri.Raghavendra K, learned counsel appearing for the petitioners, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Smt.Sunitha M, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and the petitioner No.1 and respondent No.2 have filed a Memorandum of Settlement in M.C.No.3129/2025 which reads as follows: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. - 4 - HC-KAR NC: 2026:KHC:31876 CRL.P No. 8791 of 2026 I. The Petitioner has filed this petition against the Respondent under Section 13 (1) (ia) (ib) of the Hindu Marriage Act 1955 for dissolution of her marriage with the respondent/husband. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the parties along with their respective counsel were present, identified each other and they have resolved their dispute and have agreed to the following terms and conditions: 1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 22.10.2018 at White Houzz Convention Hall, HSR Layout, 4th Sector, Bengaluru as per Hindu rites and customs. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from 22.10.2020. 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 a reunion between them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. 3. Both the parties state that they have no children born to them from their marriage. 4. The Respondent has agreed to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the Petitioner towards all her claims of maintenance / permanent alimony as full and final settlement. The said amount will be paid by the Respondent to the Petitioner in the following manner : (a) A sum of Rs.5,00,000/- (Rupees Five Lakhs Only) by way of demand draft bearing No.182802 dated 10.06.2026 drawn on Union Bank of India, Bannerghatta Road Branch, Bengaluru and the same shall be handed over to the Petitioner before - 5 - HC-KAR NC: 2026:KHC:31876 CRL.P No. 8791 of 2026 this Hon'ble Court at the time of reporting settlement. (b) A sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of demand draft bearing No.182803 dated 10.06.2026 drawn on Union Bank of India, Bannerghatta Road Branch, Bengaluru and the same shall be handed over to the Petitioner at the time of quashing the proceedings in S.C.No.923/2022 before the Hon'ble High Court of Karnataka Bengaluru. The Petitioner has agreed to receive the aforesaid demand drafts as mentioned above. 5. Both parties state that they have already exchanged their articles and other belongings against each other. 6. The parties herein state that they have no claims over movable, immovable belonging to each other. 7. The parties admit and agree that they have no further claims of whatsoever manner against each other either past, present or future. 8. The Petitioner has filed a complaint against the Respondent and his family members before the Jurisdiction Police Station (Hulimavu Police Station), Bengaluru and the same has registered as S.C.No.923/2022 before the Additional City Civil and Sessions Judge (CCH-72), Bengaluru. In view of this settlement the Petitioner has agreed to co-operate with the Respondent in quashing the proceedings in S.C.No.923/2022 before Hon'ble High Court of Karnataka, Bengaluru. 9. Both parties hereby withdraw all the allegations made against each other. 10.Both the parties admit that they shall not interfere in the personal/profession lives of each other in future and not to abuse, gossip & rumors against each other in front of their friends and relatives, they will not post/publish any post against each other in any social media/forum. - 6 - HC-KAR NC: 2026:KHC:31876 CRL.P No. 8791 of 2026 11.The parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 12.Both the parties admit that they shall not interfere in the lives of each other in future. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve their marriage solemnized on 22.10.2018 at White Houzz Convention Hall, HSR Layout, 4th Sector, Bengaluru and pass a decree and judgment in terms of the aforesaid agreement by way of mutual consent. Parties will appear on 11.06.2026 before the Hon'ble Court for passing of orders in terms of the agreement." 4. The petitioner No.1 and respondent No.2 are present before the Court and are identified by their respective counsels. 5. The petitioner No.1 hands over a demand draft of Rs.10,00,000/- (Rupees Ten Lakh) as permanent alimony in terms of the settlement and learned counsel for the complainant-respondent No.2 is present along with the complainant-respondent No.2 and have acknowledged the receipt of the said amount. - 7 - HC-KAR NC: 2026:KHC:31876 CRL.P No. 8791 of 2026 6. In the light of Memorandum of Settlement being filed as quoted supra and offences not being against the State, I deem it appropriate to accept the said Memorandum of Settlement and terminate the proceedings against the petitioners in the subject petition. 7. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in S.C.No.923/2022, pending before the LXXI Addl. City Civil and Sessions Judge, Bengaluru, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 58