Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010458182026 NC: 2026:KHC:44999 CRL.P No. 9924 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9924 OF 2026 BETWEEN:
1.
SRI. PRAMOD M, S/O. MAHESH KUMAR. A.V., AGED ABOUT 37 YEARS, OCC: PRIVATE EMPLOYEE, R/AT NO.9-1273/14, 9TH 'A' CROSS, 14TH MAIN, KOVI PONNA ROAD, GAVIPURA EXTENTION, BANASHANKARI 1ST STAGE, BENGALURU - 560 050.
2.
SMT. INDIRA DEVI. B.P., W/O. MOHAN KUMAR A.V., AGED ABOUT 59 YEARS, OCC: HOUSE WIFE, R/AT NO.9-1273/14, 9TH 'A' CROSS, 14TH MAIN, GAVIPURA EXTENTION, KOVI PONNA ROAD, BANASHANKARI 1ST STAGE, BENGALURU - 560 050.
3.
SRI. MAHESH KUMAR A.V., S/O. R. ANANDIAH, AGED ABOUT 62 YEARS,
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
- 2 -
HC-KAR
CNR: KAHC010458182026 NC: 2026:KHC:44999 CRL.P No. 9924 of 2026
OCC: PRIVATE EMPLOYEE, R/AT NANDISHWARA NILAY, KOVIPONNA ROAD, GAVIPURA EXTENTION, BANASHANKARI 1ST STAGE, BENGALURU - 560 050. …PETITIONERS (BY SRI. SURESH.P., ADVOCATE) AND:
1.
STATE OF KARNATAKA, BY TUMAKURU WOMEN POLICE STATION, TUMAKURU SUB DIVISION, TUMAKURU.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
2.
SMT. AMRUTHASHREE G.S., W/O. PRAMOD. M., D/O. G.L. SOMANNA, OCC: BANK EMPLOYEE, AGED ABOUT 36 YEARS, R/AT HOUSE NO.383, K.R. NAYAK LAYOUT, NEAR SAMARPANA BOYS HOSTEL, URUKERE, TUMAKURU TALUK, TUMAKURU DISTRICT. …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1;
SRI.B.SHAFFIULLA, ADVOCATE FOR R2)
- 3 -
HC-KAR
CNR: KAHC010458182026 NC: 2026:KHC:44999 CRL.P No. 9924 of 2026
THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FURTHER PROCEEDINGS IN CC.NO.43/2026, WHICH WAS REGISTERED AGAINST THE PETITIONERS, FOR ALLEGED OFFENCES P/U/S 85, 115(2), 118(1), 127(2), 351(2), 352 (3) (5) OF BNSS ACT AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT TUMAKURU BY INVOKING THE PROVISION OF SECTION 528 OF BNSS, 2023 AGAINST THE PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, 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 proceedings in C.C.No.43/2026 for the offences under Sections 85, 115(2), 118(1), 127(2), 351(2), 352 and 3(5) of the BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri. P. Suresh, learned counsel appearing for the petitioners, Smt. Rashmi Patel, learned HCGP appearing for respondent No.1, Sri. B. Shaffiulla, learned counsel appearing for respondent No.2 and have perused the material on record. - 4 -
HC-KAR
CNR: KAHC010458182026 NC: 2026:KHC:44999 CRL.P No. 9924 of 2026
3. The parties to the lis were also before the Family Court in M.C.No.3095/2026 and have settled the dispute amongst themselves before the Family Court by terms of settlement. One of the term of the settlement is, closure of the present proceedings. The said term in the settlement 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 the above case under Sec.13 (1) (i-a) of Hindu Marriage Act, 1955 seeking judicial separation with the Respondent. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. The petitioner and respondent along with their respective advocates have participated in the mediation proceedings, identified each other. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:
1. That the petitioner is legally wedded husband of respondent and their marriage took place on 18-11-2024 at Sri. Allamprabhu Atmajnana Mantapa, No.2/A, 17th Cross, Next to BSNL Telephone Exchange, MRCR Layout, Vijayanagar, Bengaluru-560040, as per Hindu rites and customs. Both the parties are residing at Bengaluru within the jurisdiction of this Hon'ble court. 2. The parties state and admit that, due to irreconcilable, differences and incapability of compartment, they are living separately since 14.04.2025. The efforts made by
- 5 -
HC-KAR
CNR: KAHC010458182026 NC: 2026:KHC:44999 CRL.P No. 9924 of 2026
the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits resulting in irretrievably breakdown of their marriage and there are no chances of reunion. Hence, the present petition filed by the petitioner for dissolution of marriage with the respondent. 3.
Both the parties state that they have no children born to them from their wedlock, also both the parties confirm that they have not adopted any child during this period. 4. The petitioner has agreed to pay a sum of Rs. 10,00,000/-(Rupees Ten Lakhs Only) to the respondent towards maintenance/permanent alimony as full and final settlement of all her claims by way of demand draft bearing No.002209 dated 22.06.2026 drawn on HDFC Bank, Bengaluru and same shall be handed over to the respondent before the Hon'ble Court at the time of reporting settlement. 5. Both the parties state that, they have no claims of whatsoever in nature against each other, including movable or immovable properties belonging to each other either in past, present or future. 6. In view of the above settlement arrived between the parties, the respondent has agreed to withdraw/co- operate for the closure/quashing of the following cases filed against the petitioner and pray for dispose as dismissed. a) Crl Misc 44/2026 pending before I Addl. Family Court, Tumkur. b) C C No.43/2026 filed under Section 498-A of IPC pending before 2nd Addl. Senior Civil Judge and JMFC, Tumkur. 7. Both the parties herein state that there is no undue influence, force or coercion in entering into this agreement from any one or anything. - 6 -
HC-KAR
CNR: KAHC010458182026 NC: 2026:KHC:44999 CRL.P No. 9924 of 2026
8. Both the parties agree that they shall not interfere in the lives of each other in future. 9. Both the parties undertake not to post/share any of their photos/videos/messages/mails etc., taken or shared between them during the time of they living together in any social media or otherwise. 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 18-11-2024 at Sri. Allamprabhu Atmajnana Mantapa, No.2/A, 17th Cross, Next to BSNL Telephone Exchange, MRCR Layout, Vijayanagar, Bengaluru-560040, by granting a decree of divorce in terms of the agreement. IV.
Parties will appear on 25.06.2026 before the Hon'ble Court for passing orders in terms of the agreement."
4. Therefore, in light of the settlement arrived at between the parties quoted supra, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petition. 5. For the aforesaid reasons, the following:
ORDER i. Criminal Petition is disposed. ii. Proceedings in C.C.No.43/2026 pending before the II Additional Senior Civil Judge and
- 7 -
HC-KAR
CNR: KAHC010458182026 NC: 2026:KHC:44999 CRL.P No. 9924 of 2026
JMFC, Tumakuru, stands quashed qua the petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 2 Sl No.: 14