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2026 DAILYLAW 370 (KAR)

VINOD RAO v. STATE BY

CRL.P/3272/2024 · 2026-03-12

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3272 OF 2024 C/W CRIMINAL PETITION NO. 4699 OF 2023 CRIMINAL PETITION NO. 4741 OF 2023 CRIMINAL PETITION NO. 2401 OF 2026 IN CRL.P No. 3272/2024 BETWEEN: VINOD RAO S/O CHANDRASHEKAR RAO, AGED ABOUT 42 YEARS, R/AT BHAVANTHI CROSS ROAD, CAR STREET, MANGALORE - 575 004. …PETITIONER (BY SRI. NARASIMHA RAJESH K S., ADVOCATE) AND: 1. STATE BY WOMEN PS CHITRADURGA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. DR. VASUNDARADEVI M.S., AGED ABOUT 26 YEARS, R/AT NO.1022, "SRI DURGA DEVI NILAYA", BEHIND VASAVI SCHOOL, SAVITHA COLONY, NEAR RANGAIAHNA BAGILU, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER CHITRADURGA 577 501. …RESPONDENTS (BY SRI.CHANNAPPA EARAPPA., HCGP FOR R1; SRI.H DEVENDRAPPA., ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET NO.24/2023 IN C.C.NO.526/2023 PENDING ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND J.M.F.C CHITRADURGA IN CR.NO.87/2022 CHITRADURGA WOMEN P.S REGISTERED FOR THE ALLEGED OFFENCES P/U/S 323, 498A, 504, 506, 149 OF IPC AND SECTIONS 3 & 4 OF D.P ACT. IN CRL.P NO. 4699/2023 BETWEEN: 1. R. CHANDRASHEKAR RAO, S/O LATE K. RAMA, AGED ABOUT 67 YEARS, R/AT "SRI LAKSHMI KIRSHNA NIVAS" BHAVANTHI CROSS ROAD, CAR STREET, MANGALORE-575 001, DAKSHINA KANNADA. 2. JAISHREE RAO, W/O CHANDRASHEKAR RAO, AGED ABOUT 61 YEARS, R/AT BHAVANTHI CROSS ROAD, CAR STREET, MANGALORE-575 004. 3. JAGADEESH RAO, S/O R.CHANDRASHEKAR RAO, AGED ABOUT 40 YEARS, PRESENTLY R/AT 204, KISHORE PARAMOUNT, JAYANAGAR HOUSING SOCIETY, PRATYANGIRI TEMPLE , NEAR SUBRAMANYA PURAM, BANGALORE SOUTH-560 061. - 3 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER 4. KOMAL, W/O HARISH KUMAR B, AGED ABOUT 39 YEARS, R/AT VARDHA PILLAI STREET, ROYAPETTAH, CHENNAI-600 014. ...PETITIONERS (BY SRI. NARASIMHA RAJESH K S.,ADVOCATE) AND: 1. STATE BY WOMEN P.S., CHITRADURGA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. DR. VASUNDARADEVI M.S. D/O SAINATH RAO, W/O VINOD RAO, AGED ABOUT 26 YEARS, R/AT NO.1022, "SRI DURGA DEVI NILAYA", BEHIND VASAVI SCHOOL, SAVITHA COLONY, NEAR RANGAIAHNA BAGILU, CHITRADURGA-577 501. ...RESPONDENTS (BY SRI.CHANNAPPA EARAPPA.,HCGP FOR R1; SRI.H. DEVENDRAPPA., ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR DATED 02.07.2022, IN CR.NO.87/2022 PENDING ON THE FILE OF WOMEN P.S., CHITRADURGA FOR THE OFFENCES P/U/S 323, 498-A, 504, 506, 149 OF IPC AND SECTIONS 3 AND 4 OF DP ACT. - 4 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER IN CRL.P NO. 4741/2023 BETWEEN: 1. JAISHREE RAO, W/O. CHANDRASHEKAR RAO, AGED ABOUT 61 YEARS, R/AT. SRI LAKSHMI KRISHNA NIVAS, BHAVANTHI CROSS ROAD, CAR STREET, MANGALORE-575 004. 2. R. CHANDRASHEKAR RAO, S/O. LATE. K. RAMA, AGED ABOUT 67 YEARS, R/AT. SRI LAKSHMI KRISHNA NIVAS, BHAVANTHI CROSS ROAD, CAR STREET, MANGALORE-575 004. 3. JAGADEESH RAO, S/O. CHANDRASHEKAR RAO AGED ABOUT 40 YEARS, PRESENTLY RESIDING AT 204, KISHORE PARAMOUNT, JAYANAGAR HOUSING SOCIETY, PRATYANGIRI TEMPLE, THURAHALLI, SUBRAMANYAPURAM, BANGALORE SOUTH-560 061. 4. KOMAL @ C. KOMAL RAO, W/O. HARISH KUMAR B., AGED ABOUT 39 YEARS, R/AT VARDHA PILLAI STREET, ROYAPETTAH, CHENNAI-600 014. ...PETITIONERS (BY SRI. NARASIMHA RAJESH K S.,ADVOCATE) - 5 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER AND: DR. VASUNDARADEVI M.S., AGED ABOUT 26 YEARS, R/A., NO.1022, "SRI DURGA DEVI NILAYA" BEHIND VASAVI SCHOOL, SAVITHA COLONY, NEAR RANGAIAHNA BAGILU, CHITRADURGA-577 501. ...RESPONDENT (BY SRI.H. DEVENDRAPPA.,ADVOCATE) THIS CRL.P FILED U/S 482 CR.PC PRAYING TO SET ASIDET THE ORDER DATED 16.08.2022, IN CRL.MISC.NO.466/2022 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS, PENDING ON THE FILE OF LEARNED PRINCIPAL CIVIL JUDGE AND JMFC CHITRADURGA. IN CRL.P NO. 2401/2026 BETWEEN: JAGADEESHA RAO, S/O CHANDRASHEKAR RAO, AGED ABOUT 43 YEARS, R/AT FLAT NO.204, KISHORE PARAMOUNT, JAYANAGAR HOUSING SOCIETY, BEHIND PRATYANGIRI TEMPLE, TURAHALLI, BENGALURU SOUTH, BENGALURU-560 061. ...PETITIONER (BY SRI. NARASIMHA RAJESH K S.,ADVOCATE) - 6 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER AND: 1. STATE OF KARNATAKA, BY CHITRADURGA TOWN POLICE STATION, CHITRADURGA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. M.S. VASUNDARA DEVI, W/O VINOD RAO, AGED ABOUT 27 YEARS, R/AT VALMIKI BEEDI, ASHIYANA BUILDING, BANK COLONY, CHITRADURGA -577 501. ...RESPONDENTS (BY SRI.CHANNAPPA EARAPPA., HCGP FOR R1; SRI.H DEVENDRAPPA., ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.2884/2025 OF CHITRADURGA TOWN POLICE STATION AND THE CHARGE SHEET DATED 05.11.2025 MARKED AT ANNEXURE-A FOR THE OFFENCES UNDER SECTIONS 115(2), 351(2), 352, 74 R/W SECTION 3(5) OF BNS, 2023 PENDING BEFORE THE COURT OF PRINCIPAL CIVIL JUDGE (Jr. Dn.) AND JMFC, CHITRADURGA, IN SO FAR AS THE PETITIONER/ACCUSED NO.2 IS CONCERNED. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In Crl.P.No.3272/2024, the petitioner is before this Court seeking the following prayers: "i. Call for the records. ii. Quash the Charge Sheet No.24/2023 in C.C. No. 526/2023, pending on the file of the 1st Addl. Senior Civil Judge & JMFC, Chitradurga in Cr.No.87/2022, Chitradurga Women P.S., registered for the alleged offences punishable U/S. 323, 498A, 504, 506, 149 of IPC, 3 & 4 of DP Act. iii. Pass such other orders as this Hon'ble Court deems to fit in the circumstances of the case, in the interest of justice and equity." 2. In Crl.P.No.4699/2023, the petitioners are before this Court seeking the following prayers: "i. Call for the records. ii. Quash the FIR dated 02-07-2022, in Cr. No. 87/2022 pending on the file of Women Police Station, Chitradurga, for the offences punishable under sections 323, 498A, 504, 506, 149 IPC & Dowry Prohibition Act, 1961 (u/s 3, 4) iii. Pass such other orders as this Hon'ble Court deems to fit in the circumstances of the case, in the interest of justice and equity." 3. In Crl.P.No.4741/2023, the petitioners are before this Court seeking the following prayers: - 8 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER "i. Call for the records. ii. Set Aside the Order dated 16-08-2022, in Crl. Misc. No.466/2022 and consequently quash the entire proceedings against the Petitioners, pending on the file of learned Principal Civil Judge & JMFC, Chitradurga. iii. Pass such other orders as this Hon'ble Court deems to fit in the circumstances of the case, in the interest of justice and equity." 4. In Crl.P.No.2401/2026, the petitioner is before this Court seeking the following prayers: "a) Quash the proceedings in C.C.No.2884/2025 of Chitradurga Town Police Station and the Charge Sheet dated 05.11.2025 marked at annexure-A for the offences under Sections 115(2), 351(2), 352, 74 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of the Prl. Civil Judge (Jr.Dn) & JMFC, Chitradurga, insofar as the Petitioner/Accused No.2 is concerned; b) Pass such other order(s) as this Hon'ble Court may deem fit in the interest of justice." 5. Heard Sri.Narasimha Rajesh K.S., learned counsel appearing for the petitioners in all the cases, in Crl.P.No.3272/2024, Crl.P.No.4699/2023, Crl.P.No.2401/2026, heard Sri.Channappa Earappa, learned HCGP appearing for the respondent-State and Sri.H.Devendrappa, learned counsel appearing for respondent No.2 and in Crl.P.No.4741/2023, - 9 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER heard Sri.H.Devendrappa, learned counsel appearing for the respondent and have perused the material on record. 6. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and in Crl.P.No.3272/2024, the parties to the lis have filed a compromise petition which reads as follows: "COMPROMISE PETITION "The petitioner and the second respondent most respectfully submits as follows: 1. The petitioner and the second respondent are husband and wife, whose marriage was solemnized on 24.12.2021 at Vinayaka Kalyana Mantapa, Chitradurga. 2. Due to temperamental differences, they started living separately since June 2022, and there has been no cohabitation thereafter. 3. In the course of matrimonial disputes, the following proceedings came to be initiated between the parties, which are pending before the concerned courts and concerned police station for investigation: a. Crime No. 87/2022 registered by the Women Police Station, Chitradurga, for offences punishable under Sections 323, 498A, 504, 506, 149 of IPC and sections 3 and 4 of Dowry Prohibition Act, which is numbered as C.C.No.24/2023, pending before the learned I Addl. Senior Civil Judge & JMFC, Chitradurga. b. C.C.No.526/2023, pending before the learned Prl. Senior Civil Judge and CJM Court at Chitradurga. - 10 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER c. C.C.No.1588/2025, pending before the II Addl. Civil Judge and JMFC Court at Chitradurga. d. Crl. Misc. No.466/2022, filed by the second respondent under Protection of Women from Domestic Violence Act, 2005, pending before the JMFC, Chitradurga. e. C.C.No.2884/2025, pending before the Principal Civil Judge (Jr.Dn.) and JMFC Court at Chitradurga. 4. During the pendency of the above proceedings, with the intervention of elders and well-wishers, the parties have amicably settled their disputes on the following terms: a. The petitioner has got a Divorce from the Foreign Court i.e., from Superior Court of Justice, Ontario at Toronto, Canada. The 2nd Respondent has hereby admit the said judgment of divorce and admit that the same is binding and valid and accordingly their marriage has been dissolved. Both the parties have agreed to dissolve their marriage by way of Mutual Consent Divorce under Section 13-B of the Hindu Marriage Act, 1955, if so advised. b. The petitioner has paid a total sum of Rs.8,00,000/- (Rupees eight lakh only) by way of DD dated 06.01.2026, bearing No. 204983, drawn on State Bank of India, V.P. Extension Branch, Chitradurga to the second respondent towards her full and final settlement, which includes past, present and future maintenance, permanent alimony and all other claims, if any, arising out of the marriage. Both the parties have no further claims whatsoever in nature against each other. c. The second respondent has no objection for quashing of the above criminal proceedings and undertakes not to pursue or initiate any proceedings, civil or criminal, against the petitioner or his family members in respect of the said marriage and both the Petitioner and the 2nd - 11 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER Respondent agreed not to pursue all criminal cases registered against both of them and their family members after the marriage. d. Both the parties agree that, the above settlement is arrived at voluntarily, without any coercion, pressure or undue influence, and in the interest of peace and harmony between both families. e. The Petitioner is staying abroad and he is foreign citizen and hence, he is unable to come to sign this Petition and he has been represented through his advocate. 5. In view of the above settlement, the parties humbly pray that, this Hon'ble Court may be pleased to:  Record this Joint Memo of settlement.  Quash the proceedings in: I. C.C.No.24/2023 arising out of Crime No.87/2022 of WPS, Chitradurga. II. Crl. Misc. No. 466/2022 pending before the learned JMFC, Chitradurga. III. C.C.No. 526/2023, pending before the learned Prl. Senior Civil Judge and CJM Court at Chitradurga. IV. C.C. No. 1588/2025, pending before the learned II Addl. Civil Judge and JMFC Court at Chitradurga. V. C.C. No. 2884/2025, pending before the Principal Civil Judge (Jr. Dn.) and JMFC Court at Chitradurga. VI. All other connected proceedings between the parties.  Dispose of the present Criminal Petition No.3272/2024 and connected Crl. Pet. No.4699/2023, Crl. Pet. No.4741/2023, Crl. Pet. No.2401/2026 in terms of the above settlement. WHEREFORE, the parties most respectfully prays that, this Hon'ble Court may be pleased to take this Joint Memo on record and pass appropriate orders in terms of the above settlement, in the interest of justice and equity." - 12 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER 7. Learned counsel for the petitioners and respondent No.2 in Crl.P.No.3272/2024, Crl.P.No.4699/2023, Crl.P.No.2401/2026 and respondent in Crl.P.No.4741/2023 are present and identified by the learned counsel for respondent No.2. 8. In the light of compromise petition quoted hereinabove being filed and offences not being against the State, I deem it appropriate to accept the compromise petition and terminate the proceedings against the petitioners in the subject petitions. 9. For the aforesaid reasons, the following: ORDER [I] Criminal Petitions are disposed. [II] In Crl.P.No.3272/2024, proceedings in C.C.No.526/2023 pending before the 1st Addl. Senior Civil Judge and JMFC, Chitradurga, stands quashed qua the petitioner. - 13 - HC-KAR NC: 2026:KHC:14934 CRL.P No. 3272 of 2024 C/W CRL.P No. 4699 of 2023 CRL.P No. 4741 of 2023 AND 1 OTHER [III] In Crl.P.No.4699/2023, proceedings in Crime No.87/2022 pending before the 1st Addl. Senior Civil Judge and JMFC, Chitradurga, stands quashed qua the petitioners. [IV] In Crl.P.No.4741/2023, the order dated 16.08.2022 in Crl.Misc.No.466/2022 is set aside and the entire proceedings pending before the Prl. Civil Judge & JMFC, Chitradurga, stands quashed qua the petitioners. [V] In Crl.P.No.2401/2026, proceedings in C.C.No.2884/2025 pending before the Prl. Civil Judge (Jr. Dn) & JMF Court, Chitradurga, stands quashed qua the petitioner. As a consequence, I.A.No.1/2024 in Crl.P.No.4699/2023 is disposed and I.A.No.1/2026 in Crl.P.No.2401/2026 is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 126