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2026 DAILYLAW 9753 (KAR)

SRI TRIDEV N S v. STATE OF KARNATAKA

CRL.P/13608/2024 · 2026-02-20

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:10746 CRL.P No. 13608 of 2024 C/W WP No. 29353 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13608 OF 2024 C/W WRIT PETITION NO. 29353 OF 2024 (GM-RES) IN CRL.P No. 13608/2024 BETWEEN: SRI TRIDEV N. S., S/O SOMASHEKAR N. S., AGED ABOUT 34 YEARS NO.98, 11TH CROSS 4TH MAIN ROAD MUNESHWARA NAGARA ULLAL MAIN ROAD MALLATHAHALLI POST BENGALURU CITY – 560 056. …PETITIONER (BY SRI C.V.SRINIVASA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER CHANDRA LAYOUT POLICE STATION BENGALURU CITY REPRESENTED BY LEARNED SPECIAL PUBLIC PROSECUTOR Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10746 CRL.P No. 13608 of 2024 C/W WP No. 29353 of 2024 HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SMT. KAVYASHREE W/O TRIDEV N. S., AGED ABOUT 30 YEARS R/AT NO B6-201 JANAPRIYA 1ST AVENUE APARTMENT, B.H.ROAD NELAMANAGALA NEW TOWN BENGALURU – 561 123. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1; SRI ANIL R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 31.07.2024 PASSED BY HON’BLE XLVITH ADDL. CJM, BANGALORE ENTIRE PROCEEDINGS IN C.C.NO.24547/2024 FOR OFFENCE P/U/S 498A, 342, 323, 504, 506 R/W SEC. 34 OF IPC AND U/S 3 AND 4 OF D.P. ACT, ARISING OUT OF COMPLAINT REGISTERED IN CR.NO.155/2024 BY RESPONDENT NO.1 POLICE STATION UPON A COMPLAINT FILED BY RESPONDENT NO.2. IN WP NO. 29353/2024 BETWEEN: 1. SRI SOMASHEKHAR S/O BASAVALINGEGOWDA AGED ABOUT 65 YEARS R/AT 45, BEHIND ST. MARAY'S SCHOOL KHB COLONY, ARASIKERE TOWN HASSAN DIST. KARNATAKA – 573 103 RESIDING AT JAVAGAL HOBLI NARASIPURA GRAMA KOLAGUNDA - 3 - HC-KAR NC: 2026:KHC:10746 CRL.P No. 13608 of 2024 C/W WP No. 29353 of 2024 HASSAN, KARNATAKA – 573 125. 2. SAVITA @ H.KAMALAMMA W/O SOMASHEKHAR AGED ABOUT 58 YEARS R/AT 45, BEHIND ST. MARAY'S SCHOOL KHB COLONY, ARASIKERE TOWN HASSAN DIST. KARNATAKA – 573 103. RESIDING AT JAVAGAL HOBLI NARASIPURA GRAMA KOLAGUNDA HASSAN, KARNATAKA – 573 125. ...PETITIONERS (BY SRI C.V.SRINIVASA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER CHANDRA LAYOUT POLICE STATION BANGALORE CITY REPRESENTED BY LEARNED SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SMT. KAVYASHREE W/O TRIDEV N. S., AGED ABOUT 30 YEARS R/AT NO.B6-201 JANAPRIYA 1ST AVENUE APARTMENT B.H.ROAD, NELAMAGALA NEW TOWN - 4 - HC-KAR NC: 2026:KHC:10746 CRL.P No. 13608 of 2024 C/W WP No. 29353 of 2024 BENGALURU, KARNATAKA. ...RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1; SRI ANIL R., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, PRAYING TO QUASH IMPUGNED ORDER DATED 31/07/2024 PASSED BY HON’BLE XLVI ADDL. CHIEF JUDICIAL MAGISTRATE, BANGALORE AND QUASH THE ENTIRE PROCEEDINGS IN RELATION TO PETITIONER NO.15 AND 16 ANNEXURE-A, C.C. NO 24547/2024 FOR OFFENCES UNDER SECTIONS 498A, 342, 323, 504, 506 READ WITH SECTION 34 OF THE INDIAN PENAL CODE AND UNDER SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT ARISING OUT OF COMPLAINT REGISTERED IN CRIME NO. 155/2024 BY R-1 POLICE STATION UPON A COMPLAINT FILED BY R-2. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners – husband and his family members are before this Court calling in question proceedings in C.C.No.24547/2024, pending before the XLVI Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 498A, 342, 323, 504, 506 r/w. 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. - 5 - HC-KAR NC: 2026:KHC:10746 CRL.P No. 13608 of 2024 C/W WP No. 29353 of 2024 2. Learned counsel for the petitioners and respondent No.2 in unison submit that the parties to the lis were before the family court in M.C.No.726/2026 and have settled their matrimonial dispute amicably by drawing up certain terms and conditions before the mediation center. The couple have parted their ways. They are before this Court seeking permission to compound the offences by filing an application under Section 320(6) of the Cr.P.C., a joint memo and joint affidavit to that effect. A photocopy of the memorandum of settlement entered into before the mediation center is also filed. 3. Learned counsel for petitioners has handed over a demand draft of Rs.10/- lakhs to respondent No.2 – complainant, who is present before the Court and acknowledges the same. 4. The joint application reads as follows: “ It is submitted that, the said dispute arose due to disturbance in our marital life. It is submitted that, I (petitioner) have filed a petition under section 13-B of the Hindu Marriage Act – 1955, seeking divorce in M.C.No.726/2026 before the III Addl. Appeared in the said suit. During the pendency of the above cases, we were referred for mediation before the Bangalore - 6 - HC-KAR NC: 2026:KHC:10746 CRL.P No. 13608 of 2024 C/W WP No. 29353 of 2024 Mediation Centre. In the mediation, the matter is settled amicably, and we both are mutually entered into Memorandum of Settlement on certain terms and conditions dated 10/02/2026. 6. Since the matter is amicably settled between us, this Hon’ble court may be pleased to quash the proceedings in CC No.24547/2024 which is now pending on the file of the XLVI Addl. Chief Judicial Magistrate, Bangalore. Hence this Joint Affidavit.” The joint memo reads as follows: “1. It is submitted that petitioner herein had filed a petition under section 13-B of the Hindu Marriage Act- 1955, seeking decree of divorce in M.C. No. 726/2026 before the III Addl. Principal Judge, Family Court, Bengaluru. On 10/02/2026 first petitioner and second respondent entered into an agreement under section 89 of Civil Procedure Code. In the mediation, the matter is settled amicably, and we both are mutually entered into Memorandum of Settlement on certain terms and conditions dated 10/02/2026. 2. Further, as per the above mentioned Memorandum of Settlement, one of the conditions is that the 2nd Respondent shall appear before this Hon'ble court in the above case and give her consent for quashing of the proceedings in C C. No. 24547/2024. 3. Since the matter is amicably settled between the parties, 2nd Respondent herein has no objection to quash the proceedings initiated against the Petitioners in C.C No. 24547/2024 arising out of crime No. 155/2026 registered at the first respondent police station which is now pending on the file of the Hon'ble XLVIth Addl. Chief Judicial Magistrate, Bangalore.” - 7 - HC-KAR NC: 2026:KHC:10746 CRL.P No. 13608 of 2024 C/W WP No. 29353 of 2024 In the light of the fact that the parties have arrived at settlement by parting their ways on certain terms and since it is a marital dispute, I deem it appropriate to accept the application, joint memo and joint affidavit and terminate the proceedings against the petitioners, as the allegations are not against the State. 5. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition and the writ petition are disposed. (ii) The proceedings in C.C.No.24547/2024, pending before the XLVI Additional Chief Judicial Magistrate, Bengaluru, impugned in both the petitions, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 119 CT:SS