Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7901 OF 2023 BETWEEN:
1.
ROOPESH P, S/O PRAKASH L, AGED 31 YEARS,
2.
PRAKASH L, S/O LAKSHIMNARAYANA, AGED 60 YEARS,
3. JANAKI, W/O PRAKASH. L, AGED 55 YEARS,
4. SHRUTI.P, W/O SANTHOSH KUMAR, AGED ABOUT 29 YEARS
PETITIONER NOS.1 TO 4 ARE R/AT:
NO.47/1, VASANTHAPPA BLOCK, 6TH MAIN ROAD, 7TH CROSS, R T NAGAR, BANGALORE - 560 032
5. SARASWATHI, W/O RAVI, AGED ABOUT 50 YEARS,
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
6.
VASU @ VASUDEVA, S/O LATE NARAYANSWAMY, AGED ABOUT 53 YEARS
PETITIONER NOS.5 AND 6 ARE R/AT:
NO.47/1, VASANTHAPPA BLOCK, 6TH MAIN ROAD, 7TH CROSS, R T NAGAR BANGALORE - 560032. …PETITIONERS (BY MS. VIRATHI SANJAY KUMAR, ADVOCATE FOR SRI. KAPIL DIXIT, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, K.R.PETE RURAL POLICE STATION, MANDYA DISTRICT, REPRESENTED BY:
SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2.
MANJUVANI H R, W/O ROOPESH P, AGED 28 YEARS R/A HEMMADAHALLI VILLAGE, BOOKANAKE, K R PETE TALUK, MANDYA - 571 426. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 SRI RAJATH H.V, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO 1.QUASH THE PROCEEDINGS IN C.C.NO.230/2022 FOR THE OFFENCE P/U/S 498A,323,506,504,149 OF IPC PENDING ON
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND J.M.F.C KRISHNARAJAPETE MANDYA IN ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 to 6 are before this Court in this petition filed under Section 482 of Cr.P.C 1973, with a prayer to quash the entire proceedings in C.C.No.230/2023 pending before the Court of the Senior Civil Judge and JMFC, Krishnarajapete, Mandya, arising out of Crime No.32/2023, registered by K.R. Pet Rural Police Station, Mandya, for the offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act,
1961.
2. Heard the learned counsel for the parties.
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
3.
Learned counsel for the petitioners and learned counsel for respondent No.2 jointly submit that, the dispute between the parties has been amicably settled and the said settlement is reported by the parties in M.C.No.67/2025 before the Court of Principal Senior Civil Judge and JMFC, Krishnarajpete. They submit that, in terms of the settlement reported in M.C.No.67/2025, today, petitioner No.1 has paid a sum of Rs.5,75,000/- (Rupees Five Lakhs Seventy Five Thousand only) to respondent No.2.
4. The parties, who are present in person before the Court are identified by their respective Advocates. It is submitted that, the settlement arrived between the parties is voluntary, without there being any undue influence or coercion. The parties today have filed a joint affidavit before this Court along with a copy of the Memorandum of Settlement executed between petitioner No.1 and respondent No.2 herein in M.C.No.67/2025 before the
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
jurisdictional Court of the Civil Judge at Krishnarajpet, Mandya.
5. The same is taken on record.
6. A reading of the Memorandum of Settlement executed between petitioner No.1 and respondent No.2 herein, who are husband and wife, filed in M.C.No.67/2025 before the Court of jurisdictional Civil Judge, would go to show that the parties have decided to put an end to the marital relationship and dissolve the marriage. It is stated in the Memorandum of Settlement that petitioner No.1 shall pay a total sum of Rs.16,00,000/- (Rupees Sixteen Lakhs only) to the respondent No.2-wife in instalments. In paragraph Nos.5 and 6 of the Memorandum of Settlement dated 11.09.2026 submitted by the husband and wife before the Court of the Senior Civil Judge, Krishnarajpet, Mandya in M.C.No.67/2025, it has been stated as follows:
"5. It is submitted that the Respondent had filed a case against the Petitioner before the 1st Addl. Civil Judge and Judicial Magistrate First Class, Krishnarajpete, being Crl.Misc.No.22/2025, under the Protection of
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
Women from Domestic Violence Act, 2005, wherein the said Court passed an ex-parte order dated 19.03.2025 directing the Petitioner to pay Rs.5,000/- towards the Respondent and Rs.3,000/- towards the minor child. Pursuant to the said
order, the Petitioner has, on 28.08.2026, paid a sum of Rs.25,000/- to the Respondent by way of part-payment, which payment is on record before the said Court. It is agreed that the said sum of Rs.25,000/- already paid shall be treated as part of and adjusted against the one-time settlement amount of Rs.16,00,000/- referred to in Clause 4 above. Accordingly, the balance amount payable by the Petitioner to the Respondent under this Settlement Agreement is Rs.15,75,000/- (Rupees Fifteen Lakhs Seventy-Five Thousand only). 6. The balance sum of Rs.15,75,000/- shall be paid by the Petitioner to the Respondent, by way of transfer to the bank account of the Respondent (account details of which are set out below), in the following manner:
(a) Rs.5,00,000/- (Rupees Five Lakhs only), upon this Settlement Agreement being signed by the parties before the learned Mediator in the mediation proceedings arising out of M.C.No.67/2025;
(b) Rs.5,00,000/- (Rupees Five Lakhs only), upon this Settlement Agreement being produced before the concerned Court in Crl.Mis.No.22/2025 and the said proceedings being closed in terms hereof;
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
(c) Rs.5,75,000/- (Rupees Five Lakhs Seventy-Five Thousand only), before the Hon'ble High Court of Karnataka, at the time of filing of the joint affidavit in Crl.P.No.7901/2023 and Crl.P.2344/2025."
7. In terms of the said settlement, today, the parties have filed a joint affidavit before this Court. Paragraph Nos.2 to 7 of the joint memo filed by the parties, which is signed by the parties and also by their respective Advocates, reads as follows:
"2. We, the Petitioners and the Respondent No. 2, have amicably settled the disputes between us and accordingly, we have entered into a Settlement Agreement dated 11.09.2026 in M.C. No. 67/2025, pending before the Court of the Principal Senior Civil Judge and Judicial Magistrate First Class, Krishnarajpete. 3.
We state that, in compliance with and pursuant to the said Settlement Agreement, the Petitioner No. 1 has agreed to pay a sum of Rs.16,00,000/-(Rupees Sixteen Lakhs only) to the Respondent No. 2 and the minor child, Ananya, towards maintenance, permanent alimony, streedhan, child support, and all other claims whatsoever, as the one-time, full and final settlement amount, out of which a sum of Rs.25,000/- already paid by the Petitioner No. 1 to the Respondent No. 2 on 28.08.2026, pursuant to the ex-parte order dated 19.03.2025
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
passed in Crl. Misc. No. 22/2025 (filed under the Protection of Women from Domestic Violence Act, 2005, before the 1st Addl. Civil Judge and Judicial Magistrate First Class, Krishnarajpete), directing payment of Rs.5,000/- towards the Respondent No. 2 and Rs.3,000/- towards the minor child, has been adjusted against the said settlement amount, leaving a balance of Rs.15,75,000/- (Rupees Fifteen Lakhs Seventy- Five Thousand only) payable in the manner recorded in the said Settlement Agreement. 4. We state that, in terms of Clause 6(c) of the said Settlement Agreement, a sum of Rs.5,75,000/- (Rupees Five Lakhs Seventy-Five Thousand only), being an instalment of the settlement amount payable under Clause 6(c) thereof, is being paid Petitioner No. 1 to the Respondent No. 2 herein simultaneously with and at the time of filing of this Joint Affidavit, by way of transfer to the bank account of the Petitioner, the details whereof are as under:
Name of the Bank:- State Bank of India Branch Name:- Bookinakere Name of the Account Holder:- Manjuvani H.R A/c No. 64197107339 IFSC Code:- SBIN0040458
5. The Respondent No.2 hereby acknowledges receipt of Rs.25,000/-(adjusted as stated in Clause 3 above), Rs.5,00,000/- paid upon signing of the Settlement Agreement before the learned Mediator, and Rs.5,75,000/- paid simultaneously with the filing of this Joint Affidavit as stated in Clause 4 above, aggregating to Rs.10,75,000/-.
The remaining
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
balance of Rs.5,00,000/- (Rupees Five Lakhs only) out of the settlement amount of Rs.16,00,000/- shall be paid by the Petitioner No. 1 to the Respondent No. 2, by way of transfer to the bank account mentioned in Clause 4 above, upon the Settlement Agreement being produced before the concerned Court in Crl. Misc. No. 22/2025 and the said proceedings being closed in terms thereof. Upon payment of the said remaining balance, the entire settlement amount of Rs.16,00,000/- shall stand paid in full, and neither the Respondent No.2 nor the minor child, Ananya, shall have any further claim of any nature whatsoever against the Petitioner No.1, whether towards maintenance, alimony, streedhan, child support, property, assets, or otherwise. 6. We state that the Petitioner No.1 and the Respondent No.2 have obtained a decree of divorce dissolving their marriage in terms of the said Settlement Agreement, and that the exclusive custody of the minor child, Ananya, remains with the Respondent No. 2, with the Petitioner No. 1 having no further obligation, financial or otherwise, in respect of the said minor child. 7. I, Manjuvani HR, in compliance with the Settlement Agreement, do hereby agree to cooperate in the closure of the proceedings in C.C. No.230/2023 pending on the file of the Principal Senior Civil Judge and Judicial Magistrate First Class, arising of complaint under Sections 498A, 323, 506, 504 and 149 of the Indian Penal Code, registered at K.R. Pet Rural Police Station, against Roopesh P (Accused No.1)
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
and Mr. Prakash (Accused No.2), Mrs. Janaki N (Accused No. 3), Ms. Shruthi (Accused No. 4), Ms. Saraswathi (Accused No. 5) and Mr. Vasu alias Vasudeva (Accused No. 6)."
8.
Considering the aforesaid aspects of the matter and also since the parties have decided to inter se settle their dispute and give a quietus to all the disputes pending between them, including the present criminal case, I am of the opinion that this is a fit case wherein this Court needs to exercise its inherent powers for the purpose of securing the ends of justice. Accordingly, the following:
ORDER
i) The Criminal Petition is allowed. ii) The entire proceedings in C.C.No.230/2023 pending before the Court of the Senior Civil Judge and JMFC, Krishnarajapete, Mandya, arising out of Crime No.32/2023, registered by K.R. Pet Rural Police Station, Mandya, for the offences punishable under Sections 498A, 323, 504, 506 read with Section 149
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CNR: KAHC010376882023 NC: 2026:KHC:50825 CRL.P No. 7901 of 2023
of IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961, are hereby quashed.
Sd/- (S VISHWAJITH SHETTY) JUDGE
SHS List No.: 2 Sl No.: 17