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2026 DAILYLAW 6800 (KAR)

B R BALAGANGADHARAN v. SMT. S MAMATHA

CRL.P/4975/2022 · 2026-04-15

R Nataraj

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 4975 OF 2022 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 5911 OF 2020 CRIMINAL PETITION NO. 4624 OF 2021 IN CRL.P No. 4975/2022 BETWEEN: B.R. BALAGANGADHARAN AGED ABOUT 58 YEARS S/O LATE B.P. RAJASHEKARAIAH RESIDING AT NO.001 "SUVARNA NILAYA" ROYAL ELEGANT APARTMENT, 1ST MAIN, 15TH CROSS SANJAYANAGAR, II STAGE RMV EXTENSION BENGALURU -560 094 …PETITIONER (BY SMT. PRASHANTHI A.L., ADVOCATE) AND: 1. SMT. S. MAMATHA D/O SRI. K.M. SOMANNA AGED ABOUT 52 YEARS, 2. B.M. VAIBHAV S/O DR. B.R. BALAGANGADHARAN, AGED ABOUT 20 YEARS, BOTH RESIDING AT NO.33, DOOR NO.203, JAYALAKSHMI RESIDENCY Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 2ND MAIN, INCOME TAX LAYOUT VIJAYNAGAR, BANGALORE -560 040 …RESPONDENTS (BY SRI. BALASUBRAMANYA B.N., ADVOCATE FOR SMT. RACHITA NANAIAH, ADVOCATE FOR RESPONDENT NOS.1 AND 2) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR. MISC NO. 600/2019 INITIATED BY THE 1ST RESPONDENT UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE, PENDING ON THE FILE OF THE HON'BLE III ADDL. PRINCIPAL FAMILY COURT AT BANGALORE IS FURNISHED AT ANNEXURES A, B AND C AGAINST THE PETITIONER. IN CRL.P NO. 5911/2020 BETWEEN: 1. DR. B.R. BALAGANGADHARAN S/O. LATE B.P. RAJASHEKARIAH, AGED ABOUT 58 YEARS, RESIDING AT NO.001, 'SUWARNA NILAYA', ELEGANT APARTMENT, 1ST MAIN, 15TH CROSS, SANJAYNAGAR, BANGALORE 560094 2. SMT. GAYATHRI PRABHAKAR D/O. LATE B.P. RAJASHEKARAIAH, AGED ABOUT 64 YEARS, RESIDING AT NO.37, 17-1, 12TH MAIN, 27TH CROSS, 4TH BLOCK, JAYANAGAR, BANGALORE-560011 ...PETITIONERS (BY SMT. PRASHANTHI A.L., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 AND: SMT. S. MAMATHA D/O. SRI. K.M. SOMANNA, AGED ABOUT 49 YEARS, RESIDING AT PLOT NO.33, FLAT NO.203, JAYALAKSHMI RESIDENCY, 2ND MAIN, INCOME TAX LAYOUT, VIJAYANAGAR, BANGALORE-560040 ...RESPONDENT (BY SRI. BALASUBRAMANYA B.N., ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.117/2019 INITIATED BY THE RESPONDENT UNDER SECTION 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, PENDING ON THE FILE OF M.M.T.C.-IV, BENGALURU VIDE CRL.MISC.NO.117/2019 FURNISHED AT ANNEXURE-E, F, G, H AND I AGAINST BOTH THE PETITIONERS SEEKING RELIEFS UNDER SECTIONS 18, 19(1), 20(i)(d) AND SECTION 22 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. IN CRL.P NO. 4624/2021 BETWEEN: 1. B.R. BALAGANGADHARAN AGED ABOUT 60 YEARS, S/O. LATE B.P. RAJASHEKARAIAH, 2. GAYATHRI AGED ABOUT 66 YEARS, D/O LATE B.P. RAJASHEKARAIAH, BOTH ARE RESIDING AT NO.001, "SUWARNA NILAYA", ELEGANT APARTMENT, 1ST MAIN, 15TH CROSS, - 4 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 SANJAYNAGAR, RMV EXTENSION BENGALURU-560094 ...PETITIONERS (BY SMT. PRASHANTHI A.L., ADVOCATE FOR SRI. JAIRAJ G., ADVOCATE) AND: 1. SMT. S. MAMATHA D/O SRI. K.M. SOMANNA, AGED ABOUT 52 YEARS, R/AT # 33, DOOR NO.203, 2ND FLOOR, JAYALAKSHMI RESIDENCY, 2ND MAIN, INCOME TAX LAYOUT, BANGALORE-560040 2. THE STATE BY CHANDRA LAYOUT POLICE STATION, BANGALORE-560040 ...RESPONDENTS (BY SRI. BALASUBRAMANYA B.N., ADVOCATE FOR RESPONDENT NO.1; SRI. RAJATH SUBRAMANYAM, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.67/2021 (PCR.NO.10375/2019) FILED BY THE 1ST RESPONDENT - SMT. MAMATHA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A OF IPC AND SECTIONS 3, 4 OF D.P ACT WHICH IS NOW PENDING ON THE FILE OF THE VIII ACMM, BANGALORE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER Crl.P. No.4975/2022 is filed challenging the proceedings in Crl. Misc. No.600/2019 initiated by the respondent No.1 under Section 125 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) and pending trial on the file of the III Additional Principal Judge, Family Court, Bengaluru. 2. Crl.P. No.5911/2020 is filed seeking to quash the proceedings in Crl. Misc. No.117/2019 initiated by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005, and pending on the file of the Metropolitan Magistrate Traffic Court - IV, Bengaluru. 3. Crl.P.No.4624/2021 is filed seeking to quash the proceedings in Crime No.67/2021 (arising out of PCR No.10375/2019) initiated by the respondent No.1 for the offences punishable under Section 498A of the Indian Penal Code, 1860 (for short, ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 2005, now pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru. - 6 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 4. When these petitions are listed for admission, a joint memo is filed by the petitioner in Crl. P. No.4975/2022, who is also the petitioner No.1 in the other two petitions, and the respondent No.1 in Crl. P. No.4975/2022 and Crl.P. No.5911/2020, who is also the respondent in Crl.P. No.4624/2021. The said joint memo reads as follows: "JOINT MEMO The undersigned Petitioner and Respondent at the intervention of family members, well wishers, friends and their respective counsels have agreed to settle/compromise their differences in all the above cases as per the terms and conditions as mentioned below: i) The Petitioner has agreed to pay a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) as one time settlement to the Respondent. ii) The Respondent has agreed to acknowledge the receipt of the aforesaid amount of Rs.50,00,000/- (Rupees Fifty Lakhs Only) towards full and final settlement. iii) The Petitioner this day has paid a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) towards full and final settlement by way of a DD bearing No.266176, Dt.13/04/2026, drawn on Union Bank of India, drawn in favour of the Respondent. - 7 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 iv) The Respondent had filed a Petition under Sec 125 Cr.P.C against the Petitioner vide Cr.Misc.No.600/2019 pending on the file of the Hon'ble III Addl. Principal Family Court at Bangalore. The Petitioner being aggrieved by the said case approached this Hon'ble Court by filing Crl. Pet. No.4975/2022 under Sec 482 Cr.P.C for quashing the proceedings. The Respondent has no objection for this Hon'ble Court to quash the proceedings in Crl.Misc.No.600/2019 pending before Hon'ble III Addl. Principal Family Court at Bangalore. v) The Respondent had filed a Criminal Complaint against the Respondent and his sister Smt. Gayathri Prabhakar under Sec 498 I.P.C and Sec 3 & 4 of D.P.Act registered as Cr.No.67/2021 (P.C.R.No.10375/2019) converted to C.C.No.3637/2022 pending on the file of the Hon'ble XLVI Addl. Chief Metropolitan Magistrate at Bangalore. The Petitioner approached this Hon'ble Court by filing Crl.Pet.No.4624/2021 under Sec 482 Cr.P.C praying for quashing of the criminal proceedings. The Respondent has no objection for this Hon'ble Court to quash the Criminal Complaint vide Cr.No.67/2021 (P.C.R.No.10375/2019) converted to C.C.No.3637/2022 pending on the file of the Hon'ble XLVI Addl. Chief Metropolitan Magistrate at Bangalore. pending on the file of the Hon'ble XLVI Addl. Chief Metropolitan Magistrate at Bangalore. - 8 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 vi) The Respondent has also filed a complaint under Protection of Women from Domestic Violence vide Crl. Misc. No.117/2019 seeking relief under Sec 18, 19(1), 20(i)(d) and Sec 22, pending on the file of the Hon'ble IV Addl. Metropolitan Magistrate Traffic Court at Bangalore. The Petitioner approached this Hon'ble Court and filed Crl. Pet.No.5911/2020 under Sec 482 Cr.P.C praying for quashing of the criminal proceedings. The Respondent has no objection for this Hon'ble Court to quash the Complaint vide Crl.Misc.No.117/2019 pending on the file of the Hon'ble IV Addl. Metropolitan Magistrate Traffic Court at Bangalore. vii) The Respondent undertakes before this Hon'ble Court not to initiate any other proceedings against the Petitioner in future. viii) Both Petitioner and Respondent have mutually agreed that they shall have no claims against each other over the assets and liabilities that are standing in their respective names now and in the future. ix) Both the Parties have agreed that, the above Compromise between them will not effect the Petitioner's relationship with 2nd Respondent in Crl.Pet.No.4975/2022 as per law. WHEREFORE, inview of the Compromise, the Petitioner and Respondent prays this Hon'ble Court to allow - 9 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 (i) CRL.PET.NO.4975/2022 filed by the Petitioner challenging Crl.Misc.No.600/2019 (ii) CRL.PET.NO.4624/2021 filed by the Petitioner challenging the criminal Complaint C.C.No.3637/2022 (iii) CRL.PET.NO.5911/2020 filed by the Petitioner challenging the Complaint Crl. Misc. No.117/2019, in the interests of justice and equity." 5. The petitioner in Crl. P. No.4975/2022 has handed over a Demand Draft bearing No.266176 dated 13.04.2026 for a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) drawn on Union Bank of India, Service Branch - Sanjay Nagar, Bengaluru, receipt of which is acknowledged by the respondent No.2 in Crl. P. No.4975/2022 - Sri B.M. Vaibhav, the son of the petitioner. 6. The petitioner and the respondent No.1 in Crl.P. No.4975/2022 in token of their acceptance of the joint memo have also signed the order sheet of this Court. 7. Since the aforesaid parties have settled the dispute amicably and the contesting respondent in these petitions, namely Mrs. S. Mamatha has conceded for allowing all these petitions, these petitions deserve to be allowed. Hence, the following: - 10 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 ORDER i. Crl.P. No.4975/2022 is allowed. The proceedings in Crl. Misc. No.600/2019 initiated by the respondent No.1 under Section 125 of the Code of Criminal Procedure, 1973 and pending trial on the file of the III Additional Principal Judge, Family Court, Bengaluru, is quashed. ii. Crl.P.No.5911/2020 is allowed. The proceedings in Crl. Misc. No.117/2019 initiated by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005, and pending on the file of the Metropolitan Magistrate Traffic Court - IV, Bengaluru, is quashed. iii. Crl.P.No.4624/2021 is allowed. The proceedings in Crime No.67/2021 (arising out of PCR No.10375/2019 filed by the respondent No.1) initiated by the respondent No.2 for the offences punishable under Section 498A of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, now pending on the file of the VIII - 11 - HC-KAR NC: 2026:KHC:20452 CRL.P No. 4975 of 2022 C/W CRL.P No. 5911 of 2020 CRL.P No. 4624 of 2021 Additional Chief Metropolitan Magistrate, Bengaluru, is quashed. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 36