Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 24706 (KAR)

VIJAYALAKSHMI v. THE STATE OF KARNATAKA

CRL.P/9100/2023 · 2026-06-25

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:31870 CRL.P No. 9100 of 2023 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. 9100 OF 2023 BETWEEN: 1. VIJAYALAKSHMI, WIFE OF SRINIVASA MURTHY, AGED ABOUT 58 YEARS, PRESENTLY RESIDING AT NO.28/31, MAITRINILAYA, 2ND MAIN ROAD, 5TH CROSS, BANASHANAKARI 3RD STAGE, BANGALORE - 560070. 2. SRINIVASA MURTHY, SON OF LATE THIMMAIAH, AGED ABOUT 67 YEARS, PRESENTLY RESIDING AT NO. 28/31, MAITRINILAYA, 2ND MAIN ROAD, 5TH CROSS, BANASHANAKRI 3RD STAGE, BANGALORE - 560070. …PETITIONERS (BY SRI. ANKITH S REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MYSURU WOMEN POLICE STATION, MYSURU, REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SURAKSHA N, WIFE OF VINAY SRINIVAS, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31870 CRL.P No. 9100 of 2023 PRESENTLY RESIDING AT NO. 461, 2ND MAIN ROAD, OPP. MUDA PARK, V.T.U. COLLEGE ROAD, SATHAGALLI, MYSURU - 570019. …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R-1; SRI. VINAY SHREYAS K.V., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.4/2021 BEFORE THE MYSURU WOMEN P.S., MYSURU DISTRICT AND THE PROCEEDINGS AGAINST THE PETITIONER PENDING ON THE FILE OF THE HONBLE XIII ADDL. CIVIL JUDGE AND J.M.F.C, MYSURU IN C.C.NO.2718/2022 FOR OFFENCES P/U/S 498A, 506, 34 OF IPC AND SECTIONS 3, 4 & 6 OF D.P ACT. THIS PETITION, 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 the proceedings in C.C.No.2718/2022 registered for the offences punishable under Sections 498A, 506 and 34 of the IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. 2. Heard Sri. Ankith S. Reddy, learned counsel appearing for the petitioners, Smt. Deepthi Alva, learned HCGP appearing for respondent No.1, Sri. Vinay Shreyas K.V., - 3 - HC-KAR NC: 2026:KHC:31870 CRL.P No. 9100 of 2023 learned counsel appearing for respondent No.2 and have perused the material on record. 3. The parties to the lis have settled the dispute by drawing up terms of settlement before the Division Bench of this Court in M.F.A.No.4149/2024 C/w M.F.A.No.3924/2024. In the said order, the said joint affidavit filed before the Division Bench records the closure of the present proceedings. The allegation is the wife is now not cooperating with the closure of the present proceedings. The Memo filed by the petitioner No.2 before this Court reads as follows: “The Petitioner No.2 humbly submits as follows: 1. I state that the instant Petition has been filed to quash the Proceedings in C.C.No. 2718/2022 on the board of XIII Addl. Civil Judge and JMFC, Mysuru in Crime No. 4/2021 lodged by the Mysuru Women Police Station for offences under Sections 498A, 504, 34 of the Indian Penal Code, 1860, read with Sections 3, 4 & 6 of the Dowry Prohibition Act, 1961. 2. The Petitioner No.2 is arraigned as Accused No.3, and the Respondent No.2 is the wife of the Petitioner No.2’s Son (Accused No.1) and the de facto complainant. The Accused No.1-Son of Petitioner No.2 herein and the Respondent No.2 have settled their matrimonial differences by entering into a settlement in MFA No.4149/2024, clubbed with MFA No.3924/2024 before this Hon’ble Court, under Section 89 of the Code of Civil Procedure, 1908, read with Rules 24 and 25 of the - 4 - HC-KAR NC: 2026:KHC:31870 CRL.P No. 9100 of 2023 Karnataka Civil Procedure (Mediation) Rules, 2005 in the interests of justice. The Copy of the Order dated 16/02/2026 is annexed herewith for the kind consideration of this Hon’ble Court. 3. The dispute between the Respondent No.2 and the Accused No.1 is private and personal in nature, they are stemming from marital discord between them. 4. I state that the differences between all parties concerned are settled in MFA No. 4149/2024, clubbed with MFA. No. 3924/2024, this Honb’le Court has accepted the Mediation Settlement Agreement and the Application under Section 13B of the Hindu Marriage Act, 1955, by way of an order dated 16/02/2026. However, the Respondent No.2 has not cooperated with the closure of this Petition despite the lapse of a period of 4 months. The Counsel on record for the aforesaid MFA’s has been informed, and yet the Respondent No.2 has failed to appear before this Hon’ble Court to assist in quashing the proceedings against us. 5. I further state that the Petitioner No.1/Accused No.2 passed away on 12/07/2024, the death certificate is annexed to this Memo for the kind consideration of this Hon’ble Court. 6. Since the matter is amicably settled between the Accused No.1 and the Respondent No.2, this Hon’ble Court may be pleased to quash the proceedings in C.C.No.2718/2022 on the board of XIII Addl. Civil Judge and JMFC, Mysuru in Crime No.4/2021 lodged by the Mysuru Women Police Station for offences under Sections 498A, 504, 34 of the Indian Penal Code, 1860, read with Sections 3, 4 & 6 of the Dowry Prohibition Act, 1961. WHEREFORE, the Petitioner No.2 and the Respondent No.2 humbly pray that this Hon’ble Court be pleased to quash the proceedings in C.C.No.2718/2022 on the board of XIII Addl. Civil Judge and JMFC, Mysuru, in Crime No.4/2021 lodged by the Mysuru Women Police - 5 - HC-KAR NC: 2026:KHC:31870 CRL.P No. 9100 of 2023 Station for offences under Sections 498A, 504, 34 of the Indian Penal Code, 1860, read with Sections 3, 4 & 6 of the Dowry Prohibition Act, 1961, in the interest of justice.” 4. In the light of the settlement before the Division Bench, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.2718/2022 pending before the XIII Additional Civil judge and JMFC, Mysuru, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 46