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2026 DAILYLAW 47096 (KAR)

SMT.KUNTA v. STATE OF KARNATAKA

CRL.P/2242/2023 · 2026-01-06

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:435 CRL.P No. 2242 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2242 OF 2023 BETWEEN: SMT. KUNTA D/O SRI. LAKSHMAN MISTRY, AGED 33 YEARS, R/AT NO.100, AANGAN SOCIETY, KRISHNA PURISIROHI, RAJASTHAN - 307 001. …PETITIONER (BY SRI. M.M. ASHOKA, ADVOCATE) AND: 1. STATE OF KARNATAKA INSPECTOR OF POLICE, CITY MARKET POLICE STATION, BANGALORE CITY - 560 053, REPRESENTED BY SPP. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:435 CRL.P No. 2242 of 2023 2. MR. SUNNY R. SOLANKI S/O RUPESH KUMAR, AGED 36 YEARS, R/AT NO.30, 31, 2ND MAIN, 2ND CROSS, VEERANNAPALYA, BANGALORE - 560 045. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDING IN C.C.NO.24892/2021 PENDING ON THE FILE OF THE IX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 341, 324, 326, 506 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:435 CRL.P No. 2242 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner/accused in CC.No.24892/2021 is before the Court calling in question the proceedings registered for offences punishable under Sections 341, 324, 326, 506 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Sri. M.M. Ashoka, learned counsel appearing for the petitioner and Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1. 3. The petitioner and respondent No.2 are husband and wife. Several disputes between them spring and the petitioner had registered several cases against the husband, husband against the petitioner several cases. In the National Lok Adalat held in Family Court - Sirohi, the petitioner and the respondent settled the dispute by drawing up certain terms of settlement. The terms of settlement also notices the pendency of the subject petition and any other case filed in the High - 4 - HC-KAR NC: 2026:KHC:435 CRL.P No. 2242 of 2023 Court at Bangalore or in the Courts at Bangalore, the terms of settlement reads as follows: "A written submission was submitted on behalf of the parties to the effect that 1. The applicant Kunta will receive lump sum maintenance amounting to Rs.4,51,000/- from the opponent Shani Kumar. 2. Out of the above Rs.4,51,000/-, the opponent Shani Kumar will pay Rs.1,00,000/- through cheque today itself, according to which Shani Kumar paid through cheque no. 51910 of SBI, Sirohi of Rs. 1,00,000/- to the applicant. The remaining amount of Rs.3,51,000/- will be deposited by the applicant before date 21.12.2021 in the savings account of applicant, the maintenance in amount which has the been deposited earlier by the opponent. 3. The applicant waives the previous arrears of maintenance and does not want to take it voluntarily. 4. Through the lawsuit filed by the parties against each other, they will get the agrement settled or withdrawn. 5. In the case of Seon 498A, 406 Act and Section 125 of the Code of IPC, Section 12 of Domestic Violence Criminal Procedure, the applicant will get the case settled through the petition and the case of Section 09 Hindu Marriage Act, that is, this case will be settled through the settlement. The case of Section 13 Hindu Marriage Act has been presented by the opponent against the applicant in Bengaluru, the opponent will be able to get it disposed of ex-party / unilaterally. Section 323 of I.P.C. or any other case has been filed by the opponent in Bengaluru, then the opponent will get them resolved through consent /note press. 6. The applicant Kunta will receive the above maintenance amount (Rs. 4,50,000/-) for herself from the applicant and both the applicant and the applicant have given consent in the spirit of Lok Add at Under - 5 - HC-KAR NC: 2026:KHC:435 CRL.P No. 2242 of 2023 which in future the entitled to parties Iive ne independently and Vibeir remarry with will be own lives will be able to someone else as per their wish. The applicant will not demand any amount other than the amount of maintenance as mentioned above from the opponent and will not be entitled to it." 4. The learned counsel appearing for the petitioner submits that respondent No.2 after the settlement is drawn has already married someone else and maintenance or any other condition that was stipulated in the settlement is also complied with by the husband. 5. In the light of the settlement arrived at between the parties, which also recognizes the closure of the present proceedings and the present proceedings emanating as a counter blast to what the petitioner had filed against the husband, not one, but three cases. Further proceedings permitted to be continued in the case at hand would undoubtedly become an abuse of the process of the law. In that light, the petition deserves to succeed. 6. For the aforesaid reasons, the following: ORDER (i) Criminal petition is allowed. - 6 - HC-KAR NC: 2026:KHC:435 CRL.P No. 2242 of 2023 (ii) The proceedings in CC.No.24892/2021 pending on the file of the IX Additional Chief Metropolitan Magistrate, Bangalore stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 30