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2026 DAILYLAW 7628 (KAR)

SRI. SHARATH. B. N. v. THE STATE OF KARNATAKA

CRL.P/16728/2025 · 2026-04-06

M Nagaprasanna

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18869 CRL.P No. 16728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16728 OF 2025 BETWEEN: 1. SRI. SHARATH. B. N. SON OF G.NAGENDRA, AGED ABOUT 35 YEARS, RESIDING AT NO.41, “MATHRUCHARANA” 11TH CROSS, MARUTHIL LAYOUT, HEBBAL DASARAHALLI BENGALURU - 560 024. 2. SRI. NAGENDRA G, SON OF LATE GNANAMURTHAPPA, AGED ABOUT 69 YEARS, 3. SMT. TEJOVATHI, WIFE OF G. NAGENDRA, AGED ABOUT 64 YEARS, 4. SMT. RANJANA, DAUGHTER OF G. NAGENDRA, AGED ABOUT 39 YEARS, THE PETITIONERS NOS. 2 TO 4 ARE RESIDING AT: NO.1254, ”MATHRUCHARANA”, ARALEPETE ROAD, HASSAN - 573 201. 5. SMT. SWATHI, WIFE OF NAVEEN KUMAR, AGED ABOUT 35 YEARS RESIDING AT NO.201, A5 BLOCK, JANAPRIYA APARTMENT, NELAMANGALA (RURAL), Digitally signed by SANJEEVINI J KARISHETTY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18869 CRL.P No. 16728 of 2025 BENGALURU - 562 123. …PETITIONERS (BY SRI. CHANDRASHEKAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY NORTH-EAST WOMEN POLICE STATION, SAMPIGEHALLI SUB DIVISION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU CITY – 560 001. 2. SMT. DIVYA H P WIFE OF SHARATH B N, DAUGHTER OF H.D.PRAKASH AGED ABOUT 27 YEARS, RESIDING AT: NO.170/1, JAYANAGAR 1ST BLOCK, 4TH CROSS, ASHOKA PILLAR BENGALURU - 560 011. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1; SRI. RAGHAVENDRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH COMPLAINT DATED 03.11.2025 AND FIR NO.70/2025 REGISTERED AT NORTH EAST WOMEN P.S. BENGALURU CITY UNDER SEC.85, 352, 351(3) R/W 3(5) OF BNS 2023 AND SECTION 3 AND 4 OF D.P ACT 1961 AGAINST THE PETITIONERS/ACCUSED WHICH IS PENDING ON THE FILE OF 41ST A.C.J.M BENGALURU AND ETC., THIS PETITION, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18869 CRL.P No. 16728 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – accused Nos.1 to 5 are before this Court calling in question registration of a crime in Crime No.70/2025, pending before the 41st Additional Chief Judicial Magistrate, Bengaluru, for offences punishable under Sections 85, 352, 351(3) r/w. 3(5) of the BNS and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners – accused and respondent No.2 – complainant in unison submit the parties to the lis were before the concerned family Court in M.C.No.5206/2025 and have settled their matrimonial dispute amicably by drawing up certain terms and conditions before the mediation center. A joint memo of the parties and a verifying affidavit are filed before this Court seeking permission to compound the offences. 3. The joint memo reads as follows: “1. The 1st Petitioner was the husband of the 2nd Respondent prior to the dissolution of their marriage by way of a decree of divorce. - 4 - HC-KAR NC: 2026:KHC:18869 CRL.P No. 16728 of 2025 2. The 1st Petitioner submits that the marriage between the 1st Petitioner and the 2nd Respondent was solemnized on 11.08.2024 at Sri Radhakrishna Convention Hall, Basavanagudi, Bengaluru, in the presence of family members and friends. Following the marriage, both parties resided together in the matrimonial home; however, due to incompatibility issues arising between them, they eventually began living separately. 3. The 1st Petitioner further submits that he initiated divorce proceedings on 16.08.2025 by filing MC No. 5206/2025 under Section 13(1)(ia) of the Hindu Marriage Act. 4. On 03.11.2025, during the pendency of the aforementioned cases, the 2nd Respondent lodged a complaint with the North-East Women Police Station against the petitioners alleging offences punishable under Sections 85, 352, 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Based on this complaint, a case was registered as Crime No. 0070/2025, and an FIR was filed before the Hon'ble 41st Additional Chief Judicial Magistrate Court, Nrupatunga Road, Bengaluru City. 5. It is submitted that these matrimonial disputes were referred to the Bengaluru Mediation Center with the consent of both parties for the purpose of reaching a settlement. 6. During mediation, both the 1st Petitioner and the 2nd Respondent agreed to amicably resolve all their disputes. Consequently, a Memorandum of Settlement under Section 89 of the Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, was signed by both parties, containing mutually agreed terms and conditions. The parties agreed to dissolve their marriage dated 11.08.2024, thereby settling their dispute. 7. In the said settlement, the 2nd Respondent agreed to cooperate with the 1st Petitioner in seeking quashing of the criminal complaint registered as Crime No. 70/2025, pending before the Hon'ble 41st ACJM, Bengaluru City, by - 5 - HC-KAR NC: 2026:KHC:18869 CRL.P No. 16728 of 2025 submitting the necessary petition before the Hon'ble High Court of Karnataka. This Joint Affidavit is executed in furtherance of that agreement. 8. Pursuant to the Memorandum of Settlement dated 06.02.2026 in MC No. 5206/2025, the 2nd Respondent agreed to withdraw Crl. Misc. No. 174/2025 filed under Section 12 of the Domestic Violence Act relating to maintenance and protection against the 1st Petitioner, pending before the Hon'ble VI Additional Chief Judicial Magistrate (Traffic Court-VI), Bengaluru. 9. Both the 1st Petitioner and the 2nd Respondent submit that in accordance with the Memorandum of Settlement signed by them, the parties have amicably resolved their grievances. Accordingly, the Respondent has executed this Joint Affidavit giving her unconditional consent for the quashing of the FIR registered as Crime No. 70/2025 before the Hon'ble 41st Additional Chief Judicial Magistrate Court, Bengaluru City. 10. Petitioners No. 3 and 4 have lodged separate complaints against the 2nd Respondent and others, including the father of the 2nd Respondent, at Amruthahalli Police Station, Bengaluru. However, FIRS have not yet been registered. Petitioners No. 3 and 4 have agreed not to pursue those complaints and to withdraw them, as the entire dispute between the parties has been amicably resolved. 11. Similarly, the 2nd Respondent had lodged a complaint before the Human Rights Commission, which she agrees to withdraw forthwith. 12. The petitioners and the 2nd Respondent mutually agree to cooperate fully in withdrawing any other cases or complaints arising out of the wedlock between the 1st Petitioner and the 2nd Respondent, if any exist. WHEREFORE, both the parties prays that this Hon'ble Court may be pleased to accept the joint memo filed by the parties and quash the investigation pending on the file of Hon'ble 41st Addl. CJM Court, Bangalore City in Cr. No. 70/2025, in the interest of equity and justice.” - 6 - HC-KAR NC: 2026:KHC:18869 CRL.P No. 16728 of 2025 In the light of the afore-quoted joint memo, I deem it appropriate to terminate the proceedings against the petitioners as it is a matrimonial dispute and the allegations are not against the State. 4. For the aforesaid reasons, the following: O R D E R (a) The criminal petition is disposed. (b) The impugned crime in Crime No.70/2025, pending before the 41st Additional Chief Judicial Magistrate, Bengaluru, qua the petitioners, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 92