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2026 DAILYLAW 44168 (KAR)

SRI. AJITH KUMAR KARUNAKARA v. THE STATE OF KARNATAKA

CRL.P/7174/2023 · 2026-09-30

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR CNR: KAHC010348442023 NC: 2026:KHC:54474 CRL.P No. 7174 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7174 OF 2023 BETWEEN: SRI AJITH KUMAR KARUNAKARA S/O SRI BILUMANE KARANAKARA AGED ABOUT 42 YEARS R/AT NO. 374, 7TH STREET UNIT 402 JERSEY CITY, NEW JERSEY UNITED STATES OF AMERICA - 07302 ALSO AT NO.84, CHITTARA, 1ST MAIN 4TH CROSS, PUSHPAGIRI NAGARA HOSAKEREHALLI, BSK 3RD STAGE BENGALURU CITY KARNATAKA - 560 085. …PETITIONER (BY SRI RUPA DEVARAJU, ADV., FOR SRI SHARATH S GOGI, ADV.,) AND: 1. THE STATE OF KARNATAKA THROUGH GIRINAGARA POLICE STATION REP. BY SPP HIGH COURT BUILDING BANGALORE - 560 085. 2. SMT. SHILPA SHREE W/O AJITH KUMAR KARUNAKARA AGED ABOUT 39 YEARS RESIDING AT NO. 84, CHITTARA 1ST MAIN, 4TH CROSS PUSHAGIRI NAGAR HOSSAKEREHALLI, BSK 3RD STAGE BANGALORE - 560 085. …RESPONDENTS (BY SRI ANIRUDH CHAMUNDA, ADV., FOR SRI H.C. HANUMANTHARAYA, ADV., FOR R-2; Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010348442023 NC: 2026:KHC:54474 CRL.P No. 7174 of 2023 SRI CHANNAPPA ERAPPA, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE COMPLAINT, FIR, CHARGE SHEET (ANNEXURE A, B AND C) AND TAKING COGNIZANCE OF THE ALLEGED OFFENCE AND ENTIRE PROCEEDINGS IN C.C.No.4766/2020 ARISING OUT OF COMPLAINT DATED 08.06.2019, REGISTERED IN CR.NO.88/2019 FOR THE OFFENCE P/U/S 498A OF IPC, BY THE FIRTST RESPONDENT ON THE COMPLAINT OF THE SECOND RESPONDETN, PENDING ON THE FILE OF 32ND ADDITIONAL METROPOLITAN MAGISTRATE, BENGALURU AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This Petition under Section 482 of Cr.P.C, is filed with a prayer to quash the entire proceedings in C.C.No.4766 of 2020 pending before the Court of XXXII ACMM, Bengaluru arising out of Crime No.88 of 2019 registered for offence punishable under Section 498A of IPC by Girinagar Police Station, Bengaluru City. 2. Heard the learned counsel for the parties. 3. Learned counsel petitioner and learned counsel for respondent no.2 submit that the dispute between the parties has been amicably settled and based on the settlement - 3 - HC-KAR CNR: KAHC010348442023 NC: 2026:KHC:54474 CRL.P No. 7174 of 2023 reported before the jurisdictional Family Court in M.C.No.1029 of 2019, the marriage between the parties that was solemnized on 13.02.2012 has now been dissolved. They have today filed a memo producing the copy of the decree passed in M.C.No.1029 of 2019 by the Court of VI Additional Principal Judge, Family Court, Bengaluru and also the memorandum of settlement executed between the parties, which was submitted in M.C.No.1029 of 2019. Memo along with the documents is taken on record. 4. Respondent no.2, who is present in person before this Court is identified by her learned Advocate. She submits that the settlement between the parties is voluntary without there being undue influence and coercion. Having regard to the settlement, the impugned criminal proceedings may be quashed. 5. The Charge sheet in the present case is filed against the petitioner for offence punishable under Section 498A of IPC which is compoundable in nature. In paragraph no.10 of the Memorandum of Settlement dated 22.09.2025, executed - 4 - HC-KAR CNR: KAHC010348442023 NC: 2026:KHC:54474 CRL.P No. 7174 of 2023 between the petitioner and respondent no.2 herein, in M.C.No.1029 of 2019, it is averred as follows: - "10. In view of the settlement arrived between the parties, both the parties have agreed to cooperate for withdraw/close/quashing of the following cases filed against each other:- i) Crl.Misc.No.45/2020 pending before ACJM, Traffic Court-V, Bengaluru. ii) Crl.Misc.No.156/2024 pending before ACJM, Traffic Court-V, Bengaluru. iii) C.C.No.4766/2020 pending before 37th ACJM, Bengaluru. iv) Crl.P.No.7174/2023 pending before Hon'ble High Court of Karnataka, Bengaluru. v) W.P.No.11997/2025 pending before Hon'ble High Court of Karnataka, Bengaluru. vi) Crl.Misc.No.836/2022 pending before IV Addl. Prl. Judge & Family Court , Bengaluru. vi) Crl. Appeal No.779/2024 & 780/2024 pending before CCH-62, Bengaluru. vii) Crl. Appeal No.776/2024 & 777/2024 pending before CCH-62, Bengaluru". 6. In view of aforesaid and also having regard to the settlement now reported on behalf of the parties, I am of the opinion that if the prayer made in the present case is granted in - 5 - HC-KAR CNR: KAHC010348442023 NC: 2026:KHC:54474 CRL.P No. 7174 of 2023 terms of the settlement arrived between the parties, the same would serve the ends of justice. Accordingly, the following:- ORDER i. Criminal petition is allowed. ii. The entire proceedings in C.C.No.4766 of 2020 pending before the Court of XXXII ACMM, Bengaluru arising out of Crime No.88 of 2019 for offence punishable under Section 498A of IPC is quashed against the petitioner. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 2 Sl No.: 10