Karnataka High Court
CRL.P/1693/2026 of SRI KANTHARAJU M Vs STATE OF KARNATAKA on 13 August 2026
CNR: KAHC010075722026 NC: 2026:KHC:43242 CRL.P No. 1693 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1693 OF 2026 BETWEEN: 1. SRI. KANTHARAJU M S/O. MAHALINGA, AGED ABOUT 45
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1693 OF 2026
BETWEEN:
1.
SRI. KANTHARAJU M
S/O. MAHALINGA,
AGED ABOUT 45 YEARS,
2.
SRI. MAHALINGA,
S/O. DODDAIAH,
AGED ABOUT 68 YEARS,
3.
SMT. RUKMINI,
W/O. MAHALINGA,
AGED ABOUT 64 YEARS,
ALL THE PETITIONERS ARE
R/O NO.1967, K BLOCK,
PACCHE ROAD, KUVEMPUNAGAR,
MYSORE - 570 023.
…PETITIONERS
(BY SRI. BALARAJ V.R, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY S.H.O. BASAVANAGUDI WOMEN P.S.,
REPRESENTED BY T
HE LEARNED STATE PUBLIC PROSECUTOR,
Digitally
signed by
PADMAVATHI
B K
Location: High
Court of
Karnataka
HC-KAR
HIGH COURT BUILDINGS,
BANGALORE - 560 001.
2.
SRI. PRATHIBA C B
W/O SRI. KANTHARAJU
AGED ABOUT 33 YEARS,
R/AT NO.33/1, 8TH CROSS,
MOOKAMBIKA NAGAR,
III STAGE BSK,
HOSAKEREHALLI
BENGALURU - 560 085.
…RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
SMT. CHETHANA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
C.C.NO.20351/2019 PENDING ON THE FILE OF LEARNED
XXXVII
ADDITIONAL
CHIEF
JUDICIAL
MAGISTRATE,
BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498-A, 506, 420 R/W. 34 OF IPC AND SECTIONS 3
AND 4 OF DOWRY PROHIBITION ACT, REGISTERED BY THE
BASAVANAGUDI WOMEN P. S. i.e, THE 1 RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioners are before this Court calling in question the proceedings in C.C.No.20351/2019 registered for an offences punishable under Sections 498A, 506, 420 read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard Sri. Balaraj V.R., learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1, Smt. Chethana, 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 the memorandum of settlement reads as follows: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005
HC-KAR
The parties above named beg to submit as follows:- The above criminal appeal is filed u/s.29 of the protection of women from Domestic Violence Act, 2005 by the appellant praying that this Hon'ble Court may be pleased to said aside the interim order of maintenance dated 05.08.2023 passed in Crl Misc No. 06/2020 by the learned Magistrate (MMTC-V), Bengaluru.
I. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. In the course of mediation, both the parties along with their advocates present and they have resolved their dispute and have agreed to the following terms and conditions:
1. The appellant has agreed to pay a sum of Rs. 2,50,000/-(Rupees Two Lakh Fifty Thousand Only) in full and final settlement of the total claim made by the respondent for which respondent has agreed. The said amount of Rs.2,50,000/- shall be deposited in any appropriate fixed deposit in the name of their minor son Devesh in any Nationalized bank by the appellant and the said fixed deposit bond shall be handed over to the respondent before the Hon'ble Court at the time of reporting settlement. Subject to the payment of said amount the respondent has agreed to not to make any further claim against the appellant and agreed not to further prosecute the Crl Misc No.06/2020.
2. In view of the said settlement arrived between the parties the appellant has agreed not to further prosecute MFA No.8635/2024 (FC) pending before Hon'ble High Court of Karnataka, Bengaluru filed by him challenging the divorce decree passed in M.C No.3195/2021. Thus, he has agreed for the divorce decree passed in said MC No.3195/2021. The appellant has stated
HC-KAR
that he will make arrangement and convince his parents to withdraw Crl Appeal No.1583/2023 filed by them challenging that they have been made as parties in Crl Misc No.06/2020, without any further prosecution.
3. The respondent has agreed to withdraw Crl. Misc No.06/2020, pending before MMTC-V, Bengaluru, without any further prosecution.
The respondent has agreed to withdraw Crl. Misc No.210/2023, pending before MMTC-V, Bengaluru, without any further prosecution.
The respondent has further agreed to cooperate with the appellant to ensure closure/quashment CC No.20351/2019 filed under Section 498-A, 506, 420 r/w 34 of IPC and 3 & 4 of D P Act, pending before 37th ACMM, Bengaluru.
4. The appellant is entitled to visit the child once in 15 days on Sunday between 10.00 am to 04.00 pm at either at the residence of the respondent or any common public place with one day prior intimation to the respondent and the respondent has agreed to cooperate for the same.
II. In view of the aforesaid agreement entered into between the parties and the appellant reporting the receipt of fixed deposit of a sum of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only) by way of FD bound as herein above agreed, the parties prays that this Hon'ble Court pass appropriate order and dispose of the above appeal in terms of the aforesaid agreement.
III. Parties will appear on 20.11.2025 before the Hon'ble Court for passing necessary orders in terms of the agreement."
HC-KAR
4. In light of the settlement arrived at between the parties as afore-quoted, I pass the following:
ORDER
(i) Criminal Petition is disposed.
(ii) Proceedings against the petitioners in C.C.No.20351/2019 pending before the XXXVII Additional Chief Judicial Magistrate, Bengaluru City, stands quashed.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 54