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2026 DAILYLAW 48993 (KAR)

DEEPALI CHENGAPPA v. K.B. CHENGAPPA

CRL.RP/1446/2016 · 2026-01-30

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5353 CRL.RP No. 1446 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1446 OF 2016 BETWEEN: DEEPALI CHENGAPPA W/O SRI K.B. CHENGAPPA AGED ABOUT 40 YEARS RESIDING AT NO.3032 HIGH POINT, #45 PALACE ROAD BANGALORE - 560 001 PERMANENTLY RESIDING AT CRAIGMORE ESTATE POST BOX NO.10 POLLIBETTA - 571 215 SOUTH COORG, KARNATAKA. …PETITIONER (BY SRI MIR KAAMARAN HUMAYUN, ADV., FOR] SRI JAGANATH K.M, ADV.) AND: K.B. CHENGAPPA S/O SRI K.C. BHEMAIAH AGED ABOUT 46 YEARS RESIDING AT NO.34 LANGFORD COURT APARTMENTS #9, LANGFORD GARDENS RICHMOND TOWN BANGALORE - 560 025. …RESPONDENT (BY KUM. VINUTA YATTINAHALLI, ADV., FOR SRI RAMA R IYER, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LIX ADDL. CITY CIVIL AND S.J., BANGALORE VIDE ORDER DATED 05.08.2016 IN CRL.A.NO.688/2012 VIDE ANNEXURE-A. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5353 CRL.RP No. 1446 of 2016 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner is before this Court in this revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the order dated 05.08.2016 passed by the Court of LIX Addl. City Civil & Sessions Judge, Bengaluru City, in Crl.A.No.688/2012. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner and the learned Counsel for the respondent, jointly submit that the dispute between the parties has been settled during the pendency of this petition, before the Mediation Centre at Bengaluru. They submit that the Memorandum of Settlement has been executed between the parties is already placed on record and a joint memo is now filed today with a prayer to dispose of this petition in terms of the Memorandum of Settlement executed between the parties before the Mediation Centre at Bengaluru - 3 - HC-KAR NC: 2026:KHC:5353 CRL.RP No. 1446 of 2016 on 17.12.2025. The joint memo filed by the learned Advocates appearing for the parties is taken on record. 4. The Memorandum of Settlement which was executed before the Mediation Centre at Bengaluru, is signed by the parties and by their respective advocates. The terms and conditions agreed between the parties under the aforesaid Memorandum of Settlement dated 17.12.2025 is as under: "1. That respondent having agreed to pay a total sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) directly towards the school fees of his daughter's bank account, in full and final settlement of his daughters school fees, hereby confirm that he has already transferred the said amount to her bank account as herein below mentioned: i) The 1st payment of Rs.5,00,000/- (Rupees Five Lakhs daughter in IOB Bank account No.119301000008746 from the Axis Bank account of the respondent out of which Rs.1,00,000/- (Rupees one Lakh only) is transferred on 17.11.2025 vide reference No.AXOMB32102092677. Another sum of Rs.4,00,000/- (Rupees Four Lakhs only) transferred on 18.11.2025 vide Ref.No.NEFT/MB/AXOMB32202109294/A to the same Account. - 4 - HC-KAR NC: 2026:KHC:5353 CRL.RP No. 1446 of 2016 ii) The balance amount of Rs.15,00,000/- Rupees Fifteen Lakhs only) is transferred by the respondent to the joint Bank account of himself and his daughter maintained in Axis Bank. Out of which Rs.5,00,000/- (Rupees Five Lakhs only) is transferred on 20.11.2025 vide receipt No.9Q0FXM4K5564 another Rs.5,00,000/- (Rupees Five Lakhs only) is transferred on 21.11.2025 vide receipt No.CB5CRPZ7293 and other sum of Rs.5,00,000/- (Rupees Five Lakhs only) is transferred on 22.11.2025 vide receipt No.3VMKSU504650 to the same account of himself and his daughter, maintained in the Axis Bank. 2. That the Petitioner in views of the payments made by the Respondent as herein above stated, she confirms that she is not inclined to pursue the above petition, which was filed, challenging the interim order, passed, on I.A.No.1, filed under section 23(2) of the jProtection of Women form Domestic Violence Act, in Misc.No.52/2012. 3. That in view of above settlement and payment of the sums to his daughter by the respondent as herein above agreed, the Petitioner hereby agree and undertakes to withdraw the Crl.Mis.No.52/2012, filed by her under section 12 of the Protection of Women From Domestic Violence Act, which is pending consideration before MMTC IV, Bengaluru, by filing necessary memo or application. Further the petitioner confirms that all the claims regarding the educational expenditures of the daughter - 5 - HC-KAR NC: 2026:KHC:5353 CRL.RP No. 1446 of 2016 stand settled and there are no other claims. Futher the petitioner also confirms that there are no other claims by her in terms of this settlement. 4. That the Petitioner further confirms that in view of the payments made by the respondent to his daughter as herein above agreed, she hereby agreed to give up all her claims made against the Respondent in Mis.No.16/2022, filed for maintenance/permanent alimony and the same is pending consideration before the VI Addl. Principal judge, family court Bengaluru and hea agreed to withdraw the same by filing necessary memo or application, unconditionally. 5. That in pursuance of this settlement, both the parties hereby withdraw all the allegations that they have made against each other in their respective pleadings and they hereby further undertake that they will not interfere in the lives of each other in future." 5. In view of the aforesaid and also having regard to the joint memo filed by the learned Advocates appearing for the parties, this revision petition is required to be disposed of in terms of the Memorandum of Settlement dated 17.12.2025 executed by the parties before the Mediation Centre at Bengaluru, and the impugned judgment and order passed in Crl.A.No.688/2012 is required to be modified. Accordingly, the following order: - 6 - HC-KAR NC: 2026:KHC:5353 CRL.RP No. 1446 of 2016 6. Criminal revision petition is allowed in part. The impugned judgment and order dated 05.08.2016 passed by the Court of LIX Addl. City Civil & Sessions Judge, Bengaluru City, in Crl.A.No.688/2012, stands modified in terms of the Memorandum of Settlement dated 17.12.2025 executed between the parties as aforesaid. Sd/- (S VISHWAJITH SHETTY) JUDGE KK