Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 44400 (KAR)

MRS. GEETHA MOHAN v. STATE OF KARNATAKA

CRL.P/9537/2022 · 2026-10-01

H P Sandesh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010430782022 NC: 2026:KHC:54718 CRL.P No.9537/2022 AND CONNECTED MATTERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.9537/2022 C/W WRIT PETITION NO.33244/2025 (GM-RES) WRIT PETITION NO.33348/2025 (GM-FC) IN CRL.P No.9537/2022: BETWEEN: 1. MRS. GEETHA MOHAN W/O MOHAN GOWDA AGED ABOUT 64 YEARS R/AT NO.188, PRIDE VATIKA LAYOUT BUKKASAGARA, JIGANI HOBLI ANEKAL TALUK, BENGALURU 560 083. 2. MRS. RESHMA HITESH W/O HITESH P.A. AGED ABOUT 43 YEARS #229, 1ST FLOOR, 6TH CROSS 3RD MAIN, MICO LAYOUT NEAR MICO LAYOUT PARK BTM LAYOUT 2ND STAGE BANGALORE SOUTH BANGALORE 560 076. 3. HITESH P.A. S/O ANANTHARAJ GOWDA AGED ABOUT 47 YEARS R/AT 109, 6TH CROSS SPRINGWOODS LAYOUT NEAR KOPPA GATE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010430782022 NC: 2026:KHC:54718 CRL.P No.9537/2022 AND CONNECTED MATTERS BUKKASAGAR VILLAGE BANNERGHATTA JIGANI ROAD KALBALU, BENGALURU 560 083 …PETITIONERS (BY SRI. SAYED KASHIF ALI, ADV., FOR SRI. PRADEEP S. SAWKAR, ADV.,) AND: 1. STATE OF KARNATAKA REP. BY SPP HIGH COURT OF KARNATAKA JIGANI POLICE STATION BENGALURU-560099. 2. MRS. VIDYASHREE K.G. AGED ABOUT 35 YEARS R/AT NO.51, SHREYAS NILAYA SOMESHWARANAGAR, 3RD MAIN YELAHANKA NEW TOWN BENGALURU 560 072. …RESPONDENTS (BY SRI. GOPINATH K.R. ADV., FOR R2 SRI. MOHAMMED AYUB ALI, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH FIR REGISTERED AND COMPLAINT IN ADDL. CIVIL JUDGE (JR.DN.) & JMFC COURT, ANEKAL, BANGALORE RURAL DIST IN CR.NO.129/2022 DATED 19.07.2022 FOR THE OFFENCE P/U/S 3 AND 4 OF D.P ACT, AND FOR THE OFFENCE P/U/S 498A R/W SECTION 34 OF IPC REGISTERED BY THE RESPONDENT NO.1 PRODUCED AT ANNEXURE-A AND B & ETC. IN W.P. NO.33244/2025: BETWEEN: 1. SHASHI VARUN S.M. SON OF MR. MOHAN GOWDA AGED ABOUT 44 YEARS - 3 - HC-KAR CNR: KAHC010430782022 NC: 2026:KHC:54718 CRL.P No.9537/2022 AND CONNECTED MATTERS R/AT NO.188, PRIDE VATIKA LAYOUT JIGANI, BENGALURU- 560083. ...PETITIONER (BY SRI. SYED KASHIF ALI, ADV., FOR SRI. PRADEEP S. SAWKAR, ADV.,) AND: 1. THE STATE OF KARNATAKA REP. BY JIGNI POLICE STATION BENGALURU-560105. 2. MRS. VIDYASHREE K.G. WIFE OF MR. SHASHI VARUN S.M. AGED ABOUT 38 YEARS R/AT NO.51, SHREYAS NILAYA SOMESHWARA NAGAR YELAHANKA NEW TOWN BENGALURU 560065. ...RESPONDENTS (BY SRI. MOHAMMED AYUB ALI, ADDL. SPP FOR R1 SRI. DAYANAND S, ADV., FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, R/W SECTION 482 OF THE CRIMINAL PROCEDURE, 1873, PRAYING TO CALL FOR THE RECORDS IN CRIME NO.0129 OF 2022 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, ANEKAL. QUASH THE COMPLAINT DATED 19.07.2022 FILED BY RESPONDENT NO.2 BEFORE RESPONDENT NO.1 (ANNEXURE B) & ETC. IN W.P. NO.33348/2025: BETWEEN: 1. SHASHI VARUN S.M. SON OF MR. MOHAN GOWDA AGED ABOUT 44 YEARS - 4 - HC-KAR CNR: KAHC010430782022 NC: 2026:KHC:54718 CRL.P No.9537/2022 AND CONNECTED MATTERS R/AT NO.188, PRIDE VATIKA LAYOUT JIGANI, BENGALURU- 560083. ...PETITIONER (BY SRI. SYED KASHIF ALI, ADV., FOR SRI. PRADEEP S. SAWKAR, ADV.,) AND: 1. 2. MRS. VIDYASHREE K.G. WIFE OF MR. SHASHI VARUN S.M. AGED ABOUT 38 YEARS. MS. SIRI S. GOWDA D/O SHASHI VARUN S.M. AGED ABOUT 11 YEARS SINCE MINOR, REP. BY HER MOTHER AND NATURAL GUARDIAN MRS. VIDYASHREE K.G. BOTH ARE R/AT NO.51, SHREYAS NILAYA SOMESHWARA NAGAR YELAHANKA NEW TOWN BENGALURU – 560065. ...RESPONDENTS (BY SRI. GOPINATH K.R. ADV., FOR R1 R2 MINOR REP. BY R1) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO CALL FOR RECORDS IN CRIMINAL MISCELLANEOUS NO.700 OF 2022 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU. QUASH THE ORDER DATED 25.03.2024 PASSED IN CRIMINAL MISCELLANEOUS CAE NO.700 OF 2022 ON I.A.NO.4 BY THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU (ANNX-A) & ETC. - 5 - HC-KAR CNR: KAHC010430782022 NC: 2026:KHC:54718 CRL.P No.9537/2022 AND CONNECTED MATTERS THESE PETITIONS, COMING ON FOR PART HEARD IN ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Both the learned counsel for the parties and their respective parties i.e., petitioner and respondent No.2, are present. 2. In W.P.No.33244/2025, the parties have filed the compromise petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. In terms of the settlement, the petitioner has agreed to pay an amount of Rs.1,00,00,000/- (Rupees One Crore only) to the respondent and the same is payable in four instalments and accordingly, an amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) is paid today by way of a cheque and so also, for remaining payment of Rs.25,00,000/- in remaining three instalments, the date is fixed for payment as on 01.11.2026; 01.12.2026 and 01.01.2027 and the same would be by way of RTGS/digitally. It is also agreed by both parties that they unconditionally withdraw the allegations made against each other in these - 6 - HC-KAR CNR: KAHC010430782022 NC: 2026:KHC:54718 CRL.P No.9537/2022 AND CONNECTED MATTERS proceedings, and outside and state that neither of them have any further claims, of any nature against the other. Both of them agreed to dissolve the marriage which was solemnized on 26.04.2012 and also going to have the divorce in the pending matter i.e., M.C.No.4274/2021. Further, both the parties also agreed to quash the FIR registered in Crime No.129/2022, so also, the charge sheet filed by the respondent-Police. Both the parties also agreed to withdraw the respective pending cases filed by them. 3. Having considered the terms of the compromise petition filed by the parties, the same is taken on record. In terms of the compromise entered between the parties, this Court pass the following: ORDER i. Writ Petition No.33244/2025 is allowed and initiation of criminal prosecution in Crime No.129/2022 against the accused No.1/husband pending on the file of the Additional Civil Judge (Jr.Dn) and JMFC, Anekal, is hereby quashed. - 7 - HC-KAR CNR: KAHC010430782022 NC: 2026:KHC:54718 CRL.P No.9537/2022 AND CONNECTED MATTERS ii. Criminal Petition No.9537/2022 filed by the accused Nos.2 to 4 is allowed and the initiation of criminal prosecution in Crime No.129/2022 pending on the file of the Additional Civil Judge (Jr.Dn) and JMFC, Anekal, is hereby quashed. iii. Writ Petition No.33348/2025 is allowed and the order dated 25.03.2024 passed in Criminal Miscellaneous Case No.700/2022 by the V Additional Principal Judge, Family Court, Bengaluru, is set aside. iv. The parties are directed to appear before the Family Court in M.C.No.4274/2021 immediately after the payment of entire amount and have the decree of divorce. v. Further, the V Additional Family Court, Bengaluru, is directed to grant a decree of divorce in M.C.No.4274/2021 subject to payment of entire amount as agreed by the parties, in terms of this compromise. - 8 - HC-KAR CNR: KAHC010430782022 NC: 2026:KHC:54718 CRL.P No.9537/2022 AND CONNECTED MATTERS vi. In view of the settlement arrived between the parties, this Court also taken note of the interest of the respondent No.2 as well as the minor child, who is in the custody of the respondent No.2, hence, directed to deposit the entire amount of Rs.1,00,00,000/- (Rupees One Crore only) in Fixed Deposit in any Nationalised Bank in the joint name of respondent No.2 and the minor child, till the child attains majority. Further, if respondent No.2 intends to invest the amount on any property, respondent No.2 is permitted to invest the same in the joint name of respondent No.2 and the child. Sd/- (H.P.SANDESH) JUDGE BSR List No.: 1 Sl No.: 17