Karnataka High Court
CRL.P/4477/2025 of SMT. G K SARASWATHI Vs SMT. RAJESHWARI on 11 August 2026
CNR: KAHC010216172025 NC: 2026:KHC:42726 CRL.P No. 4477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4477 OF 2025 BETWEEN: SMT.G.K.SARASWATHI, W/O LATE KRISHNAMURTHY, AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4477 OF 2025
BETWEEN:
SMT.G.K.SARASWATHI,
W/O LATE KRISHNAMURTHY,
AGED ABOUT 66 YEARS,
R/AT NO.1142, GOVT. SCHOOL ROAD,
MARUTHI BLOCK, SRINAGARA,
BENGALURU - 560 050.
…PETITIONER
(BY SRI. R.V.SHIVANANDA REDDY., ADVOCATE)
AND:
SMT. RAJESHWARI,
D/O LATE VENKATESH,
AGED ABOUT 56 YEARS,
R/AT NO.79/E, 3RD CROSS,
2ND BLOCK, JAYANAGAR,
KANAKANAPALYA,
BENGALURU - 560 011.
…RESPONDENT
(RESPONDENT IS SERVED AND UNREPRESENTED)
THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS
AGAINST THE PETITIONER IN PCR NO.10669/2024 PENDING
ON THE FILE OF THE 2ND ADDL.C.J.M AT BENGALURU FOR THE
Digitally
signed by
PADMAVATHI
B K
Location:
High Court of
Karnataka
HC-KAR
OFFENCE P/U/S 308(1)(2), 318, 319, 340, 351, 352 OF BNS
2023.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
Heard the learned counsel for the petitioner.
2. Though notice was served on the respondent, she did not choose to appear either in person or through counsel.
3. The parties to the case were before the Bench in RSA No.951/2014, wherein, the parties have entered into a settlement. The settlement also records the closure of the present proceedings. In that the settlement reads as follows: The present Regular First Appeal has been filed under Section 96 of the Code of Civil Procedure, 1908, impugning the judgment and decree dated 04.06.2014 passed in O.S No.5418/2011, filed by the plaintiffs / respondents.
2. The parties have settled their dispute outside the Court. The appellants wants to withdraw the appeal for which memo of even date has been filed. The memo is taken on record. The memo reads as under:- “MEMO FOR WITHDRAWAL
HC-KAR
The Appellant humbly submits that, the Respondent No.1(b)'s Grandmother instituted a suit in O.S. No. 5814 of 2011 on the file of the City Civil Court at Bengaluru (CCH-05), against the Appellant and her husband, which was decreed in-favour of Respondent No. 1(b)'s grandmother. Thereafter, the Appellant and her late husband filed the above Regular First Appeal challenging the said judgment and decree dated 04/06/2014.
The Appellant submits that, on the advice of well- wishers, considering her old age and other reasons, and also pursuant to the suggestions of this Hon'ble Court to arrive at an amicable settlement, she has agreed to settle the matter. Respondent No. 1(b) has solely agreed to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) on behalf of all other Respondents.
The Respondent No.1(b) has agreed to withdraw private complaint 10669/24 and Both parties have agreed to live peacefully without filing frivolous cases against each other.
Respondent No. 1(b) has already paid Rs. 18,00,000/-(Rupees Eighteen Lakhs only) by Demand Draft No. 152604 dated 25/02/2026 drawn on Karnataka Bank, Jayanagar IV Block Branch, Bengaluru, and the balance Rs. 2,00,000/-(Rupees Two Lakhs only) by cash. Thus, the Appellant has received the full settlement amount of Rs. 20,00,000/- from Respondent No. 1(b). The Appellant has handed over the keys to the schedule premises to Respondent No. 1(b) before this Hon'ble Court.
Both Appellant and Respondent has no further claims whatsoever against each other.
Wherefore the Appellant humbly prayed that this Hon'ble Court may be pleased to permit the Appellant to withdraw the above appeal and dismiss the same as withdrawn, in the interests of justice and equity.”
3. The amount agreed by the respondent No.1(b) for payment of Rs.20,00,000/- (Rupees Twenty Lakhs only) in favour of the appellants, has been paid, as per the averments in the memo.
HC-KAR
4. Accordingly, we dismiss the appeal as withdrawn. In view of the disposal of the appeal, pending applications do not survive for consideration and they are also disposed of."
4. In view of the above, the following:
ORDER
(i) Criminal Petition is disposed.
(ii) Proceedings in PCR No.10669/2024 pending before the 2nd Additional Chief Judicial Magistrate at Bengaluru, stands quashed qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
HR List No.: 2 Sl No.: 105