CRL.P/15499/2025 of MR RAJAKOTTY P Vs STATE OF KARNATAKA on 30 July 2026

ORAL ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.32309/2025, registered for the offences under Sections 85, 351(2), 352 read with Section 3(5) of the BNS, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard Smt.Sonia Rajesh, learned counsel appearing for the petitioners, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri. Anirudh Chamunda, learned counsel appearing for respondent No.2 and have perused the material on record.

3. The parties to the lis were also before the Family Court in G & W.C.No.311/2025 and have settled the dispute amongst themselves before the Family Court by terms of settlement. One of the term of the settlement is, closure of the present proceedings. The said Memorandum of Settlement reads as follows:

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"MEMORANDUM OF SETTLEMENT UNDER SECTION

READ WITH RULES

AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

The parties above named beg to submit as follows:-

I. The aforesaid petition is filed by the petitioner seeking custody of two children namely, Master. Shaurya, aged about 4 years 8 months and Jashan P, aged about 2 years 9 months and the case is referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:

1. Both the children are presently under the care and custody of the respondent/mother, being looked after by her parents. Such arrangement shall be continued for which the petitioner has no objection, as both the parties are employed and it would be convenient to both as the children are under the care of the parents of respondent/mother.

2. Both the parties have mutually agreed to reconcile their differences and resume cohabitation under the same roof in the interest of maintaining their marital life and also in the interest of their children. Therefore, both the parties have agreed to live together in a newly identified house mutually agreed to upon or in the previously shared residence based on mutual discussion and availability of such residence.

3. Both the parties do agree that the welfare of their children is of paramount important to support their emotionally, physically and psychologically. The children shall not be expose to conflicts, negative discussions or disputes between the parents and their extended family.

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4. Both the parties hereby covenant that the interaction of the children with their extended family members is acceptable to both of them and there shall be no negative communication, taunting, manipulation, interpolation or involvement of children in adult issues.

5. Any outstation traveling of the children including visits to the places where the petitioner's parents shall be undertaken only with mutual discussion and consent of both the parties, especially during the initial phase of reconciliation or till the children attain certain age of understanding wordly knowledge.

6. Both the parties hereby undertake to take primary responsibility for maintaining day-to- day and ongoing expenses of the children including education, medical and extra- curricular activities.

7. The children shall not be either deny or deprived of the love and affection from both the members of the extended family. Major decision concerning children change of residence and other important issues shall be taken by both the parties on mutually agreed terms.

8. Both the parties hereby agree to maintain mutual respect towards each others space and agree to maintain open communication and resolve issues mutually in order to avoid misunderstanding between them in order to avoid third party interference.

9. The petitioner hereby agrees, undertakes and ensures that no forum of physical, emotional or verbal abuses occur in future. On the assurance the respondent has agreed co-operate with the petitioner for quashing the criminal case in C.C.No.32309/2025 registered against the petitioner and his parents u/s 498A of IPC in Criminal Petition No.15499/2025 pending before the Hon'ble High Court of Karnataka.

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10. In case of any serious breach of trust, safety or violation of terms of this agreement either of the party shall have the liberty to seek appropriate legal remedies.

II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to dispose of the petition in terms of the aforesaid agreement.

III. Parties will appear on 27.04.2026 before the Court for passing decree / orders in terms of the agreement."

4. The parties to the lis are present before the Court and are identified by their respective counsel.

5. Therefore, in light of the settlement arrived at between the parties quoted supra and the offences not being against the State, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petition.

6. For the aforesaid reasons, the following:

ORDER

i. Criminal Petition is disposed.

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ii. Proceedings in Crime No.56/2025, C.C.No.32309/2025 pending before the 32nd Additional Chief Judicial Magistrate, Nrupatunga Road, Bengaluru, stands quashed qua the petitioners.

iii.

Order

dated 01.09.2025 passed in C.C.No.32309/2025 pending before the 32nd Additional Chief Judicial Magistrate, Nrupatunga Road, Bengaluru, is set-aside qua the petitioners.

Sd/- (M.NAGAPRASANNA) JUDGE

CBC List No.: 1 Sl No.: 76