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2026 DAILYLAW 29643 (KAR)

CHIKKASWAMY v. STATE OF KARNATAKA

CRL.P/10097/2026 · 2026-07-14

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010258942026 NC: 2026:KHC:35934 CRL.P No. 5668 of 2026 C/W CRL.P No. 10097 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5668 OF 2026 C/W CRIMINAL PETITION NO. 10097 OF 2026 IN CRL.P No. 5668/2026 BETWEEN: MR. SRINIVAS C, AGED ABOUT 25 YEARS, S/O SRI. CHANDRAMURTHY, NO. 39/11, 2ND FLOOR, 6TH CROSS, ITTAMADU, BANASHANKARI III STAGE, BANGALORE-560085. …PETITIONER (BY SMT. A.S. BRINDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY WILSON GARDEN POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. CHAITHRA, W/O SRINIVAS C, AGED ABOUT 24 YEARS, GOWDARA HUNDI VILLAGE, NANJANGUD TALUK, BANGALORE-571314 Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010258942026 NC: 2026:KHC:35934 CRL.P No. 5668 of 2026 C/W CRL.P No. 10097 of 2026 PH: 9740102994 …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI. VINAY KUMAR.J, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO A. QUASH THE COMPLAINT AND FIR IN CRIME NO.046/2026 OF THE RESPONDENT- WILSON GARDEN POLICE, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 351 AND 74 OF BNS, 2023, PENDING BEFORE THE 48TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU AGAINST THE PETITIONER AND ETC. IN CRL.P NO. 10097/2026 BETWEEN: 1. CHIKKASWAMY, S/O PUTTASWAMY GOWDA, AGED ABOUT 35 YEARS, R/AT KADANAHALLI VILLAGE, JAYAPURA HOBLI, NANJANAGUDU TALUK, MYSORE -571314. 2. SMT. CHAITHRA S, W/O SRI. SRINIVAS C, D/O SHIVARAJU, AGED ABOUT 23 YEARS, R/AT NO. 28, 3RD PHASE, GIRINAGAR, BSK 3RD STAGE, BENGALURU -560085. 3. SHIVARAJU, S/O DOLLEGOWDA, AGED ABOUT 47 YEARS, R/AT GOWDARA HUNDI VILLAGE, NANJANAGUDU TALUK, MYSORE-571314. ...PETITIONERS (BY SRI. VINAY KUMAR J, ADVOCATE) - 3 - HC-KAR CNR: KAHC010258942026 NC: 2026:KHC:35934 CRL.P No. 5668 of 2026 C/W CRL.P No. 10097 of 2026 AND: 1. STATE OF KARNATAKA, BY WILSON GARDEN POLICE STATION, BENGALURU CITY, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU. 2. SRI. SRINIVAS C, S/O CHANDRAMURTHY, AGED ABOUT 24 YEARS, R/AT NO. 39/1, 2ND FLOOR, 6TH CROSS, ITMADU, BANASHANKARI 3RD STAGE, BENGALURU -560085. ...RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SMT. A.S BRINDA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE FIR REGISTERED IN CR NO.0045/2026 REGISTERED BY THE RESPONDENT NO.1 POLICE REGISTERED ON THE COMPLAINT OF RESPONDENT NO.2 PENDING ON THE FILE OF THE 48TH A.C.J.M FOR ALLEGED OFFENCES U/S 115(2), 118(1), 351, 352 R/W SECTION 3(5) OF THE BNS, 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In Crl.P.No.5668/2026, the petitioner is before this Court seeking the following prayers: - 4 - HC-KAR CNR: KAHC010258942026 NC: 2026:KHC:35934 CRL.P No. 5668 of 2026 C/W CRL.P No. 10097 of 2026 "1. Call for records in Crime No.046/2026 of the Respondent Wilson Garden Police, Bengaluru. 2. Quash the, Complaint and FIR in Crime No.046/2026 of the Respondent- Wilson Garden Police, Bengaluru for the offences punishable under Sections 115(2), 351 and 74 of BNS, 2023, pending before the 48th Addl. Chief Metropolitan Magistrate, Bengaluru against the Petitioner. 3. Allow this Criminal Petition, in the ends of justice and equity 4. Pass any other order or issue any other direction as this Hon'ble Court deems fit, in the facts and circumstances of the case, in the interest of justice. 2. In Crl.P.No.10097/2026, the petitioners are before this Court seeking the following prayers: "WHEREFORE, petitioners humbly prays that this Hon'ble court may be pleased to quash the FIR registered in Cr.No.0045/2026 registered by the Respondent No.1 police registered on the complaint of Respondent No.2 pending on the file of 48th A.C.J.M. for alleged offences U/S 115(2), 118(1), 351, 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023,, in the interest of justice." 3. In Crl.P.No.5668/2026, heard Smt.A.S.Brinda, learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.Vinay Kumar J, learned counsel appearing for respondent No.2. In - 5 - HC-KAR CNR: KAHC010258942026 NC: 2026:KHC:35934 CRL.P No. 5668 of 2026 C/W CRL.P No. 10097 of 2026 Crl.P.No.10097/2026, heard Sri.Vinay Kumar J, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Smt.A.S.Brinda, learned counsel appearing for respondent No.2 and have perused the material on record. 4. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves in M.C.No.7622/2025 before the VI Addl. Principal Judge, Family Court, Bengaluru, by filing Memorandum of Settlement, 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 I. The Petitioner has filed this petition against the Respondent under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 for dissolution of their marriage. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner along with her counsel were present and respondent appear in person and participated in the mediation, identified each other. That the parties have resolved their dispute and have agreed to the following terms and conditions: 1. The marriage of the petitioner and respondent was solemnized on 15.08.2022 at Sri Vishwarupa Maruthi Temple, Sri Maruthi Nagar, K.R.S Road, Hosahalli, - 6 - HC-KAR CNR: KAHC010258942026 NC: 2026:KHC:35934 CRL.P No. 5668 of 2026 C/W CRL.P No. 10097 of 2026 Srirangapatna, Mandya District, as per Hindu rites and customs. Subsequently, the said marriage was registered on 27.06.2024 before the Registrar of Hindu Marriage, Mavdanayakanahalli, Bengaluru, vide certificate No.MDL-HM00048-2024-25. 2. The petitioner and the respondent state and admit that due to irreconcilable differences and incompatibility of temperaments, they started living separately since June 2024. There is absolutely no chance of reunion between them, without reference to the allegations in the petition the petitioner and the respondent agree that their marriage be dissolved by a decree of absolutely divorce. 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. The petitioner and the respondent state that they have no other claims of whatsoever against each other either for the past, present or future and also have no claims over the movable or immovable properties belonging to each other either existing at present or to be acquired in future. 6. The petitioner and the respondent state and agree that they have already exchanged their respective valuable articles and other personal belongings. 7. In view of the above settlement arrived between the parties the petitioner has agreed to cooperate for closure/quashing of Criminal No.46/2026 filed under Section 115 (2), 351, 74 of BNS pending before 48th ACJM, Bengaluru. 8. In view of the above settlement arrived between the parties the respondent has agreed to cooperate for closure/quashing of Criminal No.45/2026 filed under Section 115 (2), 118 (1),351, 352 r/w Section 3 (5) of BNS pending before 48th ACJM, Bengaluru. - 7 - HC-KAR CNR: KAHC010258942026 NC: 2026:KHC:35934 CRL.P No. 5668 of 2026 C/W CRL.P No. 10097 of 2026 9. In view of this settlement, both the parties hereby unconditionally withdraw all the allegations made against each other either expressly or orally. 10. The petitioner and the respondent herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or any thing. 11. The petitioner and the respondent admit that they shall not interfere in each other's lives for any reason of whatsoever in future. III. 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 15.08.2022 at Sri Vishwarupa Maruthi Temple, Sri Maruthi Nagar, K.R.S Road, Hosahalli, Srirangapatna, Mandya District and cancel the marriage certificate registered on 27.06.2024 before the Registrar of Hindu Marriage, Mavdanayakanahalli, Bengaluru, vide certificate No.MDL- HM00048-2024-25, by granting a decree of divorce in terms of the agreement. IV. Parties will appear on 03.06.2026 before the Hon'ble Court for passing orders in terms of the agreement.” 5. The parties to the lis are present before the Court and are identified by their respective counsels. 6. In the light of Memorandum of Settlement as quoted supra and offences not being against the State, I deem it appropriate to accept the said Memorandum of Settlement - 8 - HC-KAR CNR: KAHC010258942026 NC: 2026:KHC:35934 CRL.P No. 5668 of 2026 C/W CRL.P No. 10097 of 2026 and terminate the proceedings against the petitioner(s) in the subject petitions. 7. For the aforesaid reasons, the following: ORDER [I] Criminal Petitions are disposed. [II] In Crl.P.No.5668/2026, proceedings in Crime No.46/2026 pending before the 48th Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioner. [III] In Crl.P.No.10097/2026, proceedings in Crime No.45/2026 pending before the 48th Addl. Chief Judicial Magistrate, Bengaluru, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 51