- 1 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11160 OF 2024 C/W CRIMINAL PETITION NO. 2703 OF 2021 IN CRL.P No. 11160/2024 BETWEEN: MR. GAUTAMKOHLI S/O. LATE GULSHAN KUMAR KOHLI AGED ABOUT 40 YEARS, R/AT NO. 12A, PLUMPTON ROAD, PLUMPTON, 2761 PLUMPTON NSW AUSTRALIA + 610458942019 PERMANENT ADDRESS J-9/34, RAJOURI GARDEN, RAJOURI MARKET, WEST, DELHI, DELHI - 110 027. …PETITIONER (BY SRI. A.V. RAMAKRISHNA, ADVOCATE) AND: 1. STATE BY MARATHAHALLI POLICE STATION, BENGALURU, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 BENGALURU - 560 001. 2. SMT. NIDHI KOHLI, W/O.GAUTAM KOHLI, D/O. SRI. GIRIDHAR LAL HURIA, AGED ABOUT 32 YEARS, R/AT NO.401, BUTTERFLY APARTMENT, MARIYAPPA LAYOUT KADUBEESANAHALLI, PANATHUR MAIN ROAD, BENGALURU - 560 103. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. VENKATESH R. BHAGAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 12/02/2020 PASSED BY THE XXIX ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYOHALL, BENGALURU CITY IN CC NO. 51345/2020 THEREBY TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SEC. 498A R/W 34 OF IPC AND ISSUANCE OF PROCESS AGAINST HIM AS PER ANN-A AND ALL FURTHER PROCEEDINGS, CONSEQUENTLY QUASH THE CHARGE SHEET AS PER ANN-D BY ALLOWING THIS CRIMINAL PETITION. IN CRL.P NO. 2703/2021 BETWEEN: SMT. NEELAM KOHLI AGED ABOUT 63 YEARS, W/O LATE SRI.GULSHAN KOHIL RESIDING AT J-9/34, RAJOURI GARDEN ABOVE SB,I NEW DELHI - 110 027. ...PETITIONER (BY SRI. A.V. RAMAKRISHNA, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 AND: 1. STATE OF KARNATAKA REPT. BY THE STATION HOUSE OFFICER MARATHAHALLI POLICE STATION BENGALURU - 560 037. REPT BY ITS SPP HIGH COURT OF KARNATAKA BANGALORE - 01. 2. SMT. NIDHI KOHLI AGED 29 YEARS, D/O SRI GIRIDARLALKURIYA W/O GAUTHAM KOHLI R/AT 401, BUTTERFLY APARTMENT, MARIYAPPA LAYOUT, KADUBEESANAHALLI PANATHUR POST, BENGALURU - 560 103. ...RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. VENKATESH R. BHAGAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE SET ASIDE THE ORDER DATED 12.02.2020 PASSED BY THE XXIX ADDL.C.M.M., IN C.C.NO.51345/2020 REGISTERING A CRIMINAL CASE AND ISSUING PROCESS FOR THE APPEARANCE OF THE PETITIONER AND FURTHER PLEASE TO QUASH ALL FURTHER PROCEEDINGS UNDER THE CIRCUMSTANCES STATED ABOVE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.51345/2020 registered for offence punishable under Section 498A read with Section 34 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Sri. A.V. Ramakrishna, learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1, Sri. Venkatesh R. Bhagat, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows: "JOINT AFFIDAVIT 1.Mr. GAUTAM KOHLI, S/O LATE GULSHAN KOHLI, AGED ABOUT 43 YEARS, PRESENTLY RESIDIG AT: 316 C, POLDING STREET, SMITHFIELD, NSW, AUSTRALIA-2164, Email: gloveskohli@gmail.com THROUGH HIS SPECIAL POWER OF ATTORNEY HOLDER, MRS. NEELAM KOHLI, W/O LATE GULSHAN KOHLI, R/O WS 85, GROUND - 5 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 FLOOR, WOODSTOCK FLOORS, NIRVANA, SECTOR 50, GURUGRAM, HARYANA and 2. Smt. NEELAM KOHLI, AGED 70 YEARS, W/O LATE GULSHAN KOHLI, R/O WS 85, GROUND FLOOR, WOODSTOCK FLOORS, NIRVANA, SECTOR, 50, GURUGRAM, HARYANA, today at Bengaluru and 3.Mrs. NIDHI KOHLI, AGED 35 YEARS, D/O GIRDHAR LAL HURIA Currently residing at A-337, Flat No. D-1, 3rd Floor, Gali No.35, Maidan Garhi Road, Chattarpur Enclave Phase-2, South Delhi 110074, do hereby state on oath as under: 1. It is submitted that marriage between the Gautam Kohli and Nidhi Kohli was solemnized on 13.08.2014 at Baweja House, H-1/131, Vikas Puri, New Delhi 110 018 in accordance with Hindu Rites and Ceremonies in the presence of relatives and friends of both the parties. Out of the said wedlock, a son namely Master Aarav was born on 20.12.2015 (currently aged about 10 years) at Bengaluru, who is presently in custody of the Respondent No-2. It is submitted that, due to matrimonial differences between the parties they started living separately since 08.03.2018. Thereafter, multiple proceedings came to be initiated between the parties, which are pending before various courts, details whereof are as under: a. Criminal case No. 51345/2020 pending consideration on the file of the 29th Addl. Chief Metropolitan Magistrate, Mayo Hall, Bengaluru arising out of FIR No. 331/2019 registered at PS Marathahalli, Bengaluru u/s 498A & 34 IPC lodged by the Respondent against Petitioner and his mother namely Ms. Neelam Kohli W/o Late Shri Gulshan Kohli and Late father Sri Gulshan Kohli. b. Domestic Violence case preferred by the Respondent No-2 titled as Nidhi Kohli Vs Gautam Kohli & Ors (Gautam Kohli (Husband), Gulshan - 6 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 Kohli (Father-in-Law), Neelam Kohli (Mother-in- Law), Ashima Anand (Sister-in-Law), Puneet Anand (Brother-in-Law); bearing Crl. Misc. No. 163/2019 which was allowed ex-parte vide Order/Judgment dated 31.10.2023 by the Metropolitan Magistrate Traffic Court I at Mayo Hall, Bengaluru and consequent Crl. Misc. No. 127/2025 filed by Respondent No-2 before the Metropolitan Magistrate Traffic Court-1 at Mayo Hall, Bengaluru for enforcing the order dated 31.10.2023 passed in bearing Crl. Misc. No. 163/2019. c. Apart from above, the two Petitions are filed under Section 482 Cr.P.C filed by the respective Petitioners before this Hon'ble High Court. Petition for Dissolution of Marriage under Section 13 (1) (a) and (i) (b) of the Hindu Marriage Act, 1955 filed by the Petitioner against the Respondent bearing M.C No. 408/2023 titled as Gautam Kohli Vs Nidhi Kohli pending adjudication before the II Addl. Principal Judge, Family Court, Bangalore. 2. The Petitioners in respective cases herein above have filed the criminal petitions under Section 482 of Criminal Procedure Code against the Respondents seeking setting aside of the order dated 12/2/2020 passed by XXIX ACMM in CC. No.51345/2020 registering a criminal case and issuing process for the appearance and further praying to quash all further proceedings arising from the said criminal case registered on the complaint filed by the Respondent No.2 Smt. Nidhi Kohli for the offence punishable under section 498A and 34 IPC before Marathahalli Police Station in Crime No.331/2019 against her mother-in-law Smt. Neelam Kohli, late father-in-law Sri. Gulshan Kohli and her husband Gautam Kohli. 3. That Sri. Gautam Kohli the Petitioner herein has filed the Petition against the Respondent No.2 u/s 13(1)(i-a) & (i-b) of the Hindu Marriage Act, for dissolution of the marriage in MC. No. 408/2023 on the file of 2nd Addl Principal Judge Family Court - 7 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 at Bengaluru. During the pendency of the above proceedings, the parties have amicably settled all the disputes and the Petitioner/Sri Gautam Kohli has agreed to pay Rs.30,00,000/- by way of DD before this Hon'ble High Court of Karnataka in the above case and Rs. 25,00,000/-before the Hon'ble Family Court, totally Rs. 55,00,000/- The details are provided below: i. The Petitioners herein have drawn a Demand Draft bearing No.012807 dated 04.12.2025 for a sum of Rs.25,00,000/-(Rupees Twenty-Five Lakhs Only) drawn on HDFC Bank Ltd in favour of the Respondent No.2 Smt. Nidhi Kohli towards the Permanent Alimony and same is handed over to the Respondent No.2 before this Hon'ble Court. ii. Further a Demand Draft bearing No.012806 dated 04.12.2025 for a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) is drawn in favour of Master Aarav Kohli under the Guardian of Smt. Nidhi Kohli to the Account No.9240-1005-4161-199 and the same shall be handed over to the Respondent No.2 herein before the Family Court on recording the Compromise for obtaining a divorce by mutual consent. iii. It is mutually agreed between the parties that, the custody of the child Master Aarav Kohli, aged 10 Years shall be with the Respondent No.2 herein and the Marriage solemnized between the Petitioner Sri. Gautam Kohli with the Respondent No.2 Smt. Nidhi Kohli shall stand dissolved by a Decree of Divorce. iv. The parties have exchanged all the valuables and there is no claim whatsoever against each other on quashing of these proceedings and obtaining the Decree of Divorce in M.C.No.408/2023 and also closing of Criminal Miscellaneous No. 127/2025 pending before the MMTC-I, Mayo Hall, Bengaluru. V. Further the parties herein affirm that all articles, valuables, and claims have been exchanged and settled, and no further claims shall survive upon - 8 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 quashing of criminal proceedings and grant of divorce. 4. That the Respondent No.2 has agreed for quashing of the above criminal case filed by her against the respective Petitioners herein and further agrees not to enforce the final order dated 31/10/2023 passed in Crl. Misl No. 163/2019 on the file of Metropolitan Magistrate Traffic Court-I at Mayo Hall, Bengaluru in view of the settlement arrived between the Parties and report the same to the Australian Embassy once the final orders are passed by this Hon'ble Court and the Hon'ble 2nd Addl Family Court. 5. The Petitioner in Crl.P. No. 11160/2024 herein represented by his SPA Holder and mother and the Respondent No.2 have both agreed to appear before the Family Court in M.C No. 408/2023 on the file of 2nd Addl Principal Judge Family Court at Bengaluru so as to enable the Family Court to record compromise and to grant Divorce By Mutual Consent as per the above settlement in these Petitions. 6. That the Parties further agree that with the signing of the present Compromise petition and in its compliance thereof all the past and present disputes/grievances/claims are settled and they shall not file any civil or criminal proceedings against each other or their respective family members/relatives and if any filed, the other party shall have recourse under law to get the same dismissed on the basis of this Compromise Petition. However, this Compromise Petition does not by itself restrain either party from taking recourse under law based on the new cause of action. 7. That the Parties agree that this Compromise Petition is final and irrevocable and binding on both the parties and is being executed by the parties with their own free will, and without any undue influence, force, fraud and/or coercion after - 9 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 being explained and made to understand the contents. 8. Both the parties submit that this settlement is arrived at by mutual consent voluntarily without any pressure, coercion or undue influence whatsoever. 9. The petitioner and the Respondent agree that they are having no rights whatsoever against each other or towards their respective assets or liabilities and also hereby undertakes not to make any monetary claims whatsoever against each other in future, apart from the aforesaid permanent alimony. WHEREFORE, in view of the above Joint Affidavit containing Compromise, the Parties humbly pray that this Hon'ble Court may be pleased to kindly take the above Joint Affidavit on record containing compromise, and it is further humbly prayed by the Petitioners that this Hon'ble Court be pleased to quash all the criminal proceedings in CC No. 51345/2020 on the file of XXIX ACMM at Mayo Hall, Bengaluru as per the terms of the aforesaid Joint Affidavit." 4. In the light of application for compounding being filed along with the joint affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition stands disposed. - 10 - HC-KAR NC: 2026:KHC:2856 CRL.P No. 11160 of 2024 C/W CRL.P No. 2703 of 2021 ii. Proceedings in C.C.No.51345/2020 pending on the file of XXIX Additional Chief Metropolitan Magistrate at Mayohall Bengaluru City, against these petitioners stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 33