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2026 DAILYLAW 33749 (KAR)

SRI. JAYAKIRAN. D.S. v. STATE OF KARNATAKA

CRL.P/2987/2024 · 2026-07-27

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2987 OF 2024 C/W CRIMINAL PETITION NO. 10287 OF 2024 IN CRL.P No. 2987/2024 BETWEEN: SRI JAYAKIRAN. D.S, S/O LATE SANGAPPA D H, AGED ABOUT 56 YEARS, R/AT S.B.M. COLONY, B. KATIHALLI, HASSAN DISTRICT-573201. …PETITIONER (BY SRI. PANCHAM R D, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY YELAHANKA NEW TOWN POLICE STATION, YELAHANKA, BANGALORE-560064 REP BY SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. SMT. VEENA K.D, W/O YASHANK H.M, AGED ABOUT 31 YEARS, HURUDI GRAMA, SAKALESHPURA TALUK, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 HASSAN DISTRICT, YEQLING WOODS APARTMENTS, SURYAVAMSHA LAYOUT, NEAR SHELL PETROL BUNK-573 201. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1; SRI. SANTOSH.B.Y, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH THE CHARGE SHEET FILED BY THE YELAHANKA NEW TOWN POLICE STATION IN C.C.NO.34282/2023 ON THE FILE OF 30TH ADDL.C.M.M., NRUPATHUNGA ROAD, BENGALURU FOR THE OFFENCE P/U/S 498A, 312, 323, 354(B), 504, 506, 114 R/W 34 OF IPC - 1860 AND SECTIONS 3 AND 4 OF D.P ACT, AGAINST THE ACCUSED NO.4/PETITIONER. IN CRL.P NO. 10287/2024 BETWEEN: 1. DR. H.T MOHAN KUMAR, S/O LATE THAMMANA GOWDA, AGED ABOUT 65 YEARS. 2. SMT. PARAN JYOTHI.H.M, W/O H.T MOHAN KUMAR, AGED ABOUT 54 YEARS. BOTH ARE R/AT HURUDI VILLAGE, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT -573134. 3. SRI. YASHANKA H.M, S/O H.T MOHAN KUMAR, AGED ABOUT 35 YEARS, R/AT HURUDI VILLAGE, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 134. - 3 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 4. SRI. SHREYANK H.M, S/O H.T MOHAN KUMAR, AGED ABOUT 30 YEARS, R/AT HURUDI VILLAGE, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 134. PRESENTLY R/AT 1050, GEORGIA STREET, NEW BRUNSWISK, NEW JERSEY, UNITED STATES OF AMERICA, REP. BY G.P.A HOLDER, SRI YASHANK H.M. ...PETITIONERS (BY SRI. R.D. PANCHAM, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY YELAHANKA NEW TOWN POLICE STATION, YELAHANKA, BANGALORE - 560064. REP. BY SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560001. 2. SMT. VEENA K.D., W/O YASHANK H M, AGED ABOUT 31 YEARS, R/AT NO.174/1, NISARGA NILAYA, KAVERI MAIN ROAD, RAGHAVENDRA NAGAR, MYSORE - 570026. ...RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1; SRI. SANTOSH RAJ URS, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C TO QUASH THE CHARGE SHEET FILED BY THE YELAHANKA NEW TOWN POLICE STATION IN - 4 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 C.C.NO.34282/2023, ON THE FILE OF THE COURT OF VII A.C.M.M NRUPATHUNGA ROAD, BANGALORE, FOR THE OFFENCES P/U/S 498A, 312, 323, 354(B), 504, 506, 114 R/W 34 OF IPC-1860, AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, AGAINST THE ACCUSED NO.2 AND 3/PETITIONERS. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In Crl.P.No.2987/2024, the petitioner is before this Court seeking the following prayers: "WHEREFORE, the petitioner prays that this Hon'ble Court be pleased to quash the charge sheet filed by the Yelahanka New Town Police Station in C.C.No.34282/2023, on the file of the Court of 30th A.C.M.M. Nrupathunga Road, Bangalore, for the offences punishable under section 498-A, 312, 323, 354(B), 504, 506, 114, r/w 34 of IPC-1860, and section 3 and 4 of the Dowry Prohibition Act-1961, against the accused no.4/petitioner, in the interest of justice and equity." 2. In Crl.P.No.10287/2024, the petitioners are before this Court seeking the following prayers: "WHEREFORE, the petitioners pray that this Hon'ble Court be pleased to quash the charge sheet filed by the Yelahanka New Town Police Station in C.C.No.34282/2023, on the file of the Court of VII A.C.M.M Nrupathunga Road, Bangalore, for the offences punishable under section 498-A, 312, 323, 354(B), 504, - 5 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 506, 114 r/w 34 of IPC-1860, and section 3 and 4 of the Dowry Prohibition Act, 1961, against the accused no.2 and 3/petitioners, in the interest of justice and equity." 3. In Crl.P.No.2987/2024, heard Sri.Pancham R.D, learned counsel appearing for the petitioner, Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.1, Sri.Santosh.B.Y, learned counsel appearing for respondent No.2. In Crl.P.No.10287/2024, heard Sri.R.D. Pancham, learned counsel appearing for the petitioners, Sri.K. Nageshwarappa, learned HCGP appearing for respondent No.1, Sri.Santosh Raj Urs, learned counsel appearing for respondent No.2 and have perused the material on record. 4. During the pendency of these proceedings, it transpires that the 3rd petitioner in Crl.P No.10287/2024 and the complainant have settled the dispute amongst themselves and have filed a Memorandum of Settlement in M.C.No.450/2023 before the IV Addl. Prl. Judge, Family Court, Bengaluru and the said Memorandum of Settlement reads as follows: - 6 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 1. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the petitioner and her counsel and respondent appeared in mediation and they have resolved their dispute and have agreed to the following terms and conditions: 1. The petitioner has filed the above case under Sec.13 (1) (i-a) of the Hindu Marriage Act, 1955, seeking for decree of divorce against the respondent. 2. The respondent has also filed M.C.2656/2023 pending on the file of IV Addl.Family Court, Bengaluru Sec.13 (1) (i-a) of the Hindu Marriage Act, 1955, seeking for decree of divorce against the petitioner. 3. The marriage of the petitioner and the respondent was solemnized on 03.03.2021 at Nandagokula Kalyana Mantapa, Industrial Area, Holenarasipura Road, Hassan District as per Hindu rites and customs and the same was registered on 17.03.2021 before the Registrar of Marriages, Sakaleshapura, vide Marriage Number: SAK-HM170-2020- 21 and stored in CD Number: SAKM7. 4. The parties are living separately from November 2022 and there is absolutely no chance of reunion between them. 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 reunion between them and the marriage is irretrievably broken- down. Hence, the parties have agreed to dissolve their marriage by a decree of divorce. 5. Both the parties state that they have no children born to them from this wedlock. 6. The respondent states that she has no claims of permanent alimony/maintenance against the respondent as she is capable of taking care of herself. - 7 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 7. The parties state that they have already exchanged their valuable articles belonging to each other. 8. Both the parties state that, they have no other claims of whatsoever against each other with regard to permanent alimony/maintenance either past, present or future and also have no claims over the moveable or immoveable properties belonging to each other either existing at present or to be acquired in future. 9. Both the parties hereby withdraw all the allegations made against each other unconditionally. 10. In view of the above terms of settlement the petitioner and the respondent agree to withdraw in the cases filed by them against each other as follows: a) The petitioner agrees and undertake to withdraw O.S No. 34/2023 pending before Hon'ble Addl Civil Judge and JMFC, Sakaleshapura seeking decree of permanent Injunction against respondent not to publish any defamatory matter. b) The petitioner agrees and undertake to withdraw PCR No. 63/2023 pending before Addl. Civil Judge and JMFC, Sakaleshapura. c) The petitioner undertakes to convince his father Sri. H.T Mohan Kumar to co-operate and give consent to quash the criminal proceedings Crl P No.8412/2024 pending before the Hon'ble Karnataka High Court at Bengaluru, by the respondent and her family members in with respect to CC No. 694/2024 arising out of PCR No. 162/2023 pending in Civil Judge and JMFC, Sakaleshapura. d) The respondent agrees and undertakes to co-operate and give consent for quashing of Crl.P.No.2987/2024 and Crl.P.No.10287/2024 pending before the Hon'ble Karnataka High Court, Bengaluru challenging the proceedings in C.C.No. 34282/2023 arising out of Crime No.25/2023 before Sakaleshapura Rural Police Station later transfer to Yelahanka New Town Police Station, with new Crime No.88/2023 for the offences punishable U/s 323, 312, 498A, 345(A), 354(B), 504, 506, 114, R/w 34. Pending before Hon'ble VII Addi Chief Judicial Magistrate, at Bengaluru. e) The Petitioner and his brother Sri. Shreyank.H.M (Accused No.1 and Accused No.5) will file a fresh Criminal Petition or - 8 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 include their names in a pending Petition in Crl.P.10287/2024, pending before the Hon'ble High Court of Karnataka at Bengaluru. The Respondent agrees to co-operate and give consent before the Hon'ble High Court of Karnataka to quash the aforesaid C.C.No.34282/2023 arising out of Crime No.25/2023 before Sakaleshapura Rural Police Station later transferred to Yelahanka New Town Police Station, with new Crime No.88/2023 for the offences punishable U/s 323, 312, 498A, 345(A), 354(B), 504, 506, 114, R/w 34. Pending before Hon'ble VII Addl Chief Judicial Magistrate, at Bengaluru. f) The respondent agrees to withdraw the petition in Crl. Misc No. 23/2023, pending before Hon'ble Judicial Magistrate First Class (Traffic Court-VI), at Bengaluru u/s PWDV Act. g) The respondent agrees to withdraw the OS No. 1483/2023 pending before Hon'ble Addi City Civil and Sessions Judge at Bengaluru (CCH-26) seeking permanent injunction against the petitioner not to publish any defamatory matter. 11. The petitioner and the respondent withdraw all the allegations made so as against each other in the above proceedings unconditionally and refrain themselves from making such allegations as against each other in future. 12. Both the parties agree that they shall not interfere in the lives of each other in future. 13. The respondent agrees that in view of the above terms of agreement the petitioner filed by her seeking divorce on M.C.2656/2023 does not require adjudication and hence the same may be disposed of on the same terms of above agreement. 14. Apart from the cases mentioned in the terms of agreement above, the parties state that there are no cases pending before any court filed by them against each other. II. In view of the aforesaid settlement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized between the petitioner and the respondent on 03.03.2021 at Nandagokula Kalyana Mantapa, Industrial Area, Holenarasipura Road, Hassan District as per Hindu rites and customs and to cancel the marriage certificate which was registered on 17.03.2021 before the Registrar of Marriages, - 9 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 Sakaleshapura, vide Marriage Number: SAK-HM170-2020- 21 and stored in CD Number: SAKM7 by granting a decree of divorce in terms of the aforesaid agreement. III. Parties will appear on 24.07.2025 before the Hon'ble Court for passing orders in terms of the agreement." 5. In Crl.P.No.2987/2024, the affidavit filed by the complainant reads as follows: "1. I state that I am the Respondent No.2 in the above case. I know the facts of the case. Hence, I am swearing to this affidavit. 2. I state that Petitioner has filed the above Criminal Petition to quash the charge sheet filed by Yelahanka New Town police station, in C.C.No.34282/2023, on the file of the court of VII ACMM, Nrupathunga, Road, Bengaluru, for the offences punishable under 498-A, 312, 323, 354(B), 504, 506, 114 r/w 34 of I.P.C., and 3 & 4 of Dowry Prohibition Act. 3. I state that during the pendency of the above petition, I and the accused No.1 have settled our disputes and we have entered into a Memorandum of Settlement before Karnataka Mediation Centre Bengaluru in M.C.No.450/2023 pending on the file of IV Addl. Principal Judge, Family Court at Bengaluru, in pursuance of which the said petition in M.C. No.450/2023 was decreed and the marriage between us, solemnised on 03.03.2021, at Nandagokula Kalyana Mantapa, Industrial area, Holenarasipura Road, Hassan District and registered on 17/03/2021 before the registrar of marriage, Sakleshpura, vide Marriage No.SAK-HM-170-2020-21 and stored in CD No. SAKM 7, was dissolved by granting the decree of divorce. 4. I state that in the Memorandum of Settlement dated 24/07/2025 entered between me and the accused No.1, before the Karnataka Mediation Centre Bengaluru, I have agreed and undertaken, at para No. 10(d) of the said - 10 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 Memorandum of Settlement, to co-operate and give consent for quashing of C.C.No.34282/2023, arising out of Crime No. 25/2023, before Sakleshpura Rural Police Station, later transferred to Yelahanka New Town Police Station, with new Crime No.88/2023 for the offences punishable under sec 498-A, 312, 323, 353(b), 504, 506, 114 r/w 34 of I.P.C. pending on the file of Hon'ble VII ACMM, at Bengaluru. The copy of Memorandum of Settlement dated 24/07/2025 entered between me and the accused No.1, before the Karnataka Mediation Centre, Bengaluru and the copy of the order sheet in M.C.No.450/2023, and the decree in M.C.No.450/2023 are already produced in Crl.P.No.10287/2024, before this Hon'ble Court. Hence this application. WHEREFORE, I pray this Hon'ble court be pleased to allow the annexed application as prayed for, in the interest of justice and equity. I the deponent, above named do hereby state that this is my name and signature and the contents of this affidavit are true and correct to the best of my knowledge, belief and information." 6. In light of the settlement arrived at between the parties to the lis and the affidavit of the complainant as afore-quoted, I pass the following: ORDER [I] Criminal Petitions are disposed. [II] In Crl.P.No.2987/2024, proceedings in C.C.No.34282/2023 pending before the 30th Addl. - 11 - HC-KAR CNR: KAHC010162922024 NC: 2026:KHC:39241 CRL.P No. 2987 of 2024 C/W CRL.P No. 10287 of 2024 C.M.M., Bengaluru, qua the petitioner stands quashed. [III] In Crl.P.No.10287/2024, proceedings in C.C.No.34282/2023, pending before the VII A.C.M.M, Bengaluru, qua the petitioners stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 0