- 1 - HC-KAR CNR: KAHC010124832023 NC: 2026:KHC:42731 CRL.P No. 2213 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2213 OF 2023 BETWEEN: 1. GANGAPPA, W/O LATE THIPPAIAH, AGED ABOUT 65 YEARS, R/AT TIPPEYYANADURGA VILLAGE, Y.N, HOSAKOTE HOBLI, TUMKUR DISTRICT-572141. 2. LAKSHMAMMA, W/O GANGAPPA, AGED ABOUT 56 YEARS, R/AT TIPPEYYANADURGA VILLAGE, Y.N, HOSAKOTE HOBLI, TUMKUR DISTRICT-572141. 3. PUTTAMMA, W/O GANGAPPA, AGED ABOUT 50 YEARS, R/AT TIPPEYYANADURGA VILLAGE, Y.N, HOSAKOTE HOBLI, TUMKUR DISTRICT-572141. 4. RATHNAMMA, W/O HANUMANTHARAYA, AGED ABOUT 38 YEARS, R/AT SIDDAPURA VILLAGE, Y.N, HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT-572141. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010124832023 NC: 2026:KHC:42731 CRL.P No. 2213 of 2023 5. CHANNAKKA, C/O PEDDANNA, AGED ABOUT 45 YEARS, R/AT TIPPEYYANADURGA VILLAGE, Y.N, HOSAKOTE HOBLI, TUMKUR DISTRICT-572 141. 6. MOUNIKA, S/O PRUTHVIRAJU G.V, AGED ABOUT 22 YEARS, R/AT TIPPEYYANADURGA VILLAGE, Y.N, HOSAKOTE HOBLI, TUMKUR DISTRICT-572 141. 7. MOUNA, S/O GANGAPPA, AGED ABOUT 18 YEARS, R/AT TIPPEYYANADURGA VILLAGE, Y.N, HOSAKOTE HOBLI, TUMKUR DISTRICT-572 141. 8. PRUTHVI @ PRUTHVIRAJU G.V, S/O VENKATARAVANAPPA, AGED ABOUT 32 YEARS, R/AT TIPPEYYANADURGA VILLAGE, Y.N, HOSAKOTE HOBLI, TUMKUR DISTRICT-572141. …PETITIONERS (BY SRI.R. VINAYAKA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PEENYA POLICE STATION, BANGALORE CITY, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. - 3 - HC-KAR CNR: KAHC010124832023 NC: 2026:KHC:42731 CRL.P No. 2213 of 2023 2. MEGHA, D/O LATE HANUMANTHARAYAPPA, AGED ABOUT 23 YEARS, R/AT K/OF KANTHAMA BUILDING, VIPRO LAYOUT, DODDABIDARAKALLU, NAGASANDRA POST, BANGALORE 560073. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SMT. MEGHA FOR SRI.V. SRINIVASAN, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C TO CALL FOR THE RECORDS IN C.C.NO.1591/2023 PENDING ON THE FILE OF XXXI ACMM COURT AT BANGALORE AND QUASH THE PROCEEDINGS IN C.C.NO. 1591/2023 OF RESPONDENT NO.1 PEENYA POLICE STATION, PENDING ON THE FILE OF XXXI, ACMM, BANGALORE FOR THE OFFENCE PUNISHABLE 376, 417, 354, 323, 109 R/W 149. 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 seeking the following prayer: "Wherefore, it is respectfully prays that, this Hon'ble Court may be pleased call for the records in C.C. No.1591/2023 pending on the file of XXXI ACMM, Court at Bangalore and quash the proceedings in C.C No. 1591/2023 of Respondent No.1 Peenya Police Station, pending on the file of XXXI, ACMM, Bangalore for the offence punishable 376, 417, 354, 323, 109 R/w 149 and - 4 - HC-KAR CNR: KAHC010124832023 NC: 2026:KHC:42731 CRL.P No. 2213 of 2023 pass such necessary order/s as this Hon'ble court deems fit, in the interest of justice." 2. Heard Sri.R.Vinayaka, learned counsel appearing for the petitioners, Smt.Rashmi Patel, learned HCGP appearing for respondent No.1, Smt.Megha, learned counsel for Sri.V.Srinivasan, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The case has a checkered history. Accused No.1 and the victim initially get married. After the marriage, a crime comes to be registered in Crime No.327/2022 for offence punishable under Section 376 of the Indian Penal Code. 4. During the subsistence of the proceedings, the wife files a petition for restitution of conjugal rights, after which, the two file a petition under Section 13B of the Hindu Marriage Act, 1955 and now the marriage is said to be dissolved. While dissolution of the marriage happens, the parties to the lis have entered into a settlement before the concerned Court and the conditions for the dissolution of marriage is withdrawal of the crime so registered by complainant for offence punishable - 5 - HC-KAR CNR: KAHC010124832023 NC: 2026:KHC:42731 CRL.P No. 2213 of 2023 under Section 376-the subject crime. The issue is whether it could be closed by way of settlement. In so far as drawing of all the members of the family as accused in a case concerning Section 376 of IPC except accused No.1, I deem it appropriate to accept the settlement and close the proceedings against all the members of the family except accused No.1. The Joint Application filed by the parties to the lis reads as follows: "1. It is submitted that, the Petitioner in Crl.P.No.5729/2024, Sri. Thippesh. T. G., has approached this Hon'ble Court seeking to quash the proceedings in S.C.No.724/2023 arising out of Crime No.327/2022 of respondent Peenya Police Station, pending on the file of the LIII ACC and SJ CCH 54 at Bengaluru. The said proceedings relate to offences punishable under Sections 376, 417, 354, 323, 109 read with 34 and 149 of the IPC, registered by Peenya Police Station. 2. It is further submitted that, the Petitioners in the connected matter, Crl.P.No.2213/2023, include Sri. Gangappa and others who have sought to quash the proceedings in S.C.No.724/2023 arising out of Crime No.327/2022 of respondent Peenya Police Station, pending on the file of the LIII ACC and SJ CCH 54 at Bengaluru. 3. It is further submitted that, the disputes between the parties are primarily matrimonial in nature. The respondent No.2 Smt. Megha and the Petitioner in Crl.P.No.5729/2024 Sri. T.G. Thippesh had filed joint petition for dissolution of marriage by mutual consent under Section 13-B of the Hindu Marriage Act in M.C.No.560/2026 before the Prl. Senior Civil Judge, Bengaluru Rural District. - 6 - HC-KAR CNR: KAHC010124832023 NC: 2026:KHC:42731 CRL.P No. 2213 of 2023 4. It is further submitted that, during the pendency of the said matrimonial proceedings, the matter was referred to mediation, and the parties amicably resolved their disputes by entering into a Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. As per the express terms of the said settlement as follows: i) Sri. TG Thippesh agreed to pay a sum of Rs. 2,00,000/- (Rupees Two Lakhs Only) to Smt. Megha towards permanent alimony as a full and final settlement. ii) The payment was made vide Demand Draft No.243419 dated 09.07.2026 drawn on Axis Bank. iii) In lieu of the settlement arrived at between the parties, Smt. Megha explicitly agreed to co-operate to quash S.C.No.724/2023 pending on the file of LIII Addl. City Civil Judge, Bengaluru, CCH-54. iv) The parties state that they have exchanged their articles, have no further claims against each other, and have agreed not to interfere in each other's personal lives in the future. Furthermore, there has been no collusion, force, fraud, or undue influence in entering into the settlement agreement. 5. It is further submitted that, since the underlying dispute has been entirely and amicably settled between the parties, continuing the criminal proceedings in S.C.No.724/2023 would not serve any useful purpose and would amount to an abuse of the process of law. P R A Y E R WHEREFORE, in light of the amicable settlement reached between the parties in M.C.No.560/2026, it is most respectfully prayed that this Hon'ble Court may be pleased to permit the parties to compound the offences, take on record the Memorandum of Settlement and Quash the proceedings in S.C.No.724/2023 arising out of Crime No.327/2022 of respondent Peenya Police Station pending on the file of the LIII ACC and SJ CCH 54 at Bengaluru, in terms of the compromise in M.C.No.560/2026, to meet the ends of the justice." - 7 - HC-KAR CNR: KAHC010124832023 NC: 2026:KHC:42731 CRL.P No. 2213 of 2023 5. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.1591/2023 pending before the XXXI ACMM Court at Bangalore, stands quashed qua the petitioners except accused No.1. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 0