Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33635 CRL.P No. 13789 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13789 OF 2024 BETWEEN:
ABHIJITH BYRAPPA, S/O. BYRAPPA, AGED ABOUT 36 YEARS, PERMANENT RESIDENT OF NO. 129, 7TH MAIN, 1ST STAGE, WEST OF CHORD ROAD, MAHAGANAPATHINAGAR, RAJAJINAGAR, BENGALURU-560 010.
CURRENTLY RESIDING AT 908, COLLEGE DR, APT 8, SAN JOSE, CALIFORNIA, USA. …PETITIONER (BY SMT. KAVITHA D, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY BAGALAGUNTE PS, REP. BY STATE PP, HIGH COURT BUILDING, BENGALURU-01.
2.
MRS. AMULYA. D. H, W/O. ABHIJITH BYRAPPA, D/O. D. HANUMANTHARAYA, AGED ABOUT 29 YEARS, RESIDENT OF NO. A5-4,
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:33635 CRL.P No. 13789 of 2024
SAMAVARDHINI, 4TH CROSS, C NARAYANAPPA LAYOUT, NEAR POORNAPRAGNA PU COLLEGE, 8TH MILE, BENGALURU-560 073. …RESPONDENTS (BY MS. DEEPTI ALVA, HCGP FOR R-1;
SRI H V SUBRAMANYA, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C TO QUASH THE REGISTRATION OF FIR IN CRIME NO.72/2024 AND FILING OF CHARGE SHEET AGAINST THE PETITIONER BY RESPONDENT NO.1 POLICE AND REGISTRATION OF C.C.NO.22905/2024 BY THE COURT OF 31st ACMM, BENGALURU FOR THE OFFENCE P/US/ 498- A,504,506,149,323 R/W SEC.34 OF IPC AND SEC.3,4 OF DP ACT AND THE ORDER DATED 16.07.2024 PASSED BY THE COURT ISSUING THE NBW AGAINST THE PETITIONER VIDE ANNEXURE A, B, C AND D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER Petitioner – accused No.1 is before this Court calling in question proceedings in C.C.No.22905/2024, pending before the XXXI Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 498A, 504, 506, 149, 323 r/w. 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. - 3 -
HC-KAR NC: 2026:KHC:33635 CRL.P No. 13789 of 2024
2. Learned counsel for the petitioner and respondent No.2 in unison submit that during the pendency of these proceedings, the parties to the lis have settled their matrimonial dispute amicably by drawing up certain terms and conditions. The couple have parted their ways. The parties have filed a joint memo, certified copy of the special power of attorney executed by the petitioner – husband, as he is residing in USA, before this Court seeking permission to compound the offences. 3. The joint memo for settlement reads as follows:
“1. XXXX
2. XXXX
3. It is submitted that during the pendency of the above case and other litigations, on the intervention of elders, well- wishers, and mediators of the both parties have amicably resolved all their disputes and differences, the Petitioner and their family members and 2nd Respondent and & her family members have compromised in the family dispute case. In view of the fact that, the alleged offences are non- compoundable in nature, it is not possible to file an application before the trial court for compromise. Hence having no other alternative, the Petitioner is filing Joint Memo and Joint affidavit to compromise the case. Hence there is no any impediment to this Hon'ble Court to accept this Joint Memo and Joint Affidavit filed by the Petitioner and 2nd Respondent and thereby quash the proceedings. 4. It is submitted that the terms of settlement between the Petitioner and 2 Respondent are as follows:
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HC-KAR NC: 2026:KHC:33635 CRL.P No. 13789 of 2024
i) The Petitioner has agreed to pay a total sum of ₹28,00,000/- (Rupees Twenty-Eight Lakhs only) to the 2nd Respondent towards full and final settlement of all claims, including permanent alimony and maintenance.
ii) Out of the said total amount sum of Rs.28,00,000/- (Rupees Twenty-Eight Lakhs only):
a. A sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) shall be paid to Respondent No.2 by way of Demand Draft bearing No. 299977, dated 23/04/2026, drawn on State Bank of India, West of Chord Road Branch, Bengaluru, at the time of quashing/closing of Crl.P. No. 13789/2024, Crl.P. No. 12214/2024 and CrL.P. No. 5896/2024, pending before this Hon'ble Court, and on closing or withdrawal, on the same day, of Crl. Misc. No. 93/2024 pending before the III MMTC, Bengaluru. b. A sum of ₹14,00,000/- (Rupees Fourteen Lakhs only) shall be paid to the Respondent No.2 by way of Demand Draft bearing No. 299978, dated 23/04/2026, drawn on SBI Bank, West of Chord Road Branch, Bengaluru, at the time of reporting settlement before the 1st Additional Family Court, Bengaluru in M.C. No. 6621/2024. c. Upon receipt of the 1st DD amount settlement amount under the aforementioned Demand Draft, Respondent No.2 agrees to withdraw all allegations and complaints filed by her in Criminal Case No. 22905/2024 pending before the 31st Additional Chief Metropolitan Magistrate (ACMM), Bengaluru, and Crl. Misc No 93/2024 pending before the III Metropolitan Magistrate Traffic Court (MMTC), Bengaluru, and to withdraw the said cases in their entirety. iii. Both parties declare that they have no further claims, monetary or otherwise, against each other, whether past, present, or future, including any claims over movable or immovable properties. iv) Both parties agree to withdraw all allegations made against each other in the pending proceedings. - 5 -
HC-KAR NC: 2026:KHC:33635 CRL.P No. 13789 of 2024
v) Both parties agree and admit that we shall not interfere in each other's lives in the future, including on social media. vi) The Petitioner & 2nd Respondent states that this settlement has been entered into voluntarily, without any coercion, undue influence, or misrepresentation. 5.
It is submitted that the Petitioner and 2nd Respondent have filed this joint memo with a prayer to accept the joint memo and thereby quash the entire proceedings pending in CC NO.22905/2024 on the file of 31st ACMMM, at Bengaluru. There is no any legal embargo to accept this Joint Memo and thereby quash the proceedings. 6. It is submitted that there is no coercion, undue influences, threat from either of the parties or third parties from any angle to enter into compromise and both the parties have voluntarily agreed and filed this joint memo for quashing of the proceedings. Both the parties have read over the contents, understood the same and signed this Joint Memo. 7. It is submitted that if this Joint Memo is accepted and entire proceedings are quashed, no harm or prejudice will be caused to either of the parties especially to the Respondent No.1-Investigating Agency. On the other hand, if this Joint Memo is not considered and proceedings are not quashed, the Petitioner and Respondent No.2 will be put to greater hardship and mental agony.”
In the light of the afore-quoted joint memo, since it is a dispute between the couple and that the allegations are not against the State, I deem it appropriate to accept the joint memo and terminate the proceedings against the petitioner. - 6 -
HC-KAR NC: 2026:KHC:33635 CRL.P No. 13789 of 2024
4. For the aforesaid reasons, I pass the following:
ORDER (i) The criminal petition is disposed. (ii) The proceedings in C.C.No.22905/2024, pending before the XXXI Additional Chief Judicial Magistrate, Bengaluru, stand quashed.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 3 Sl No.: 57