Karnataka High Court
CRL.P/9179/2026 of MR. KAILASH Vs THE STATE OF KARNATAKA on 20 July 2026
CNR: KAHC010431902026 NC: 2026:KHC:37228 CRL.P No. 9179 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9179 OF 2026 BETWEEN: 1. MR. KAILASH S/O LATE MANGILAL AGED ABOUT 27 YEARS
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9179 OF 2026
BETWEEN:
1.
MR. KAILASH
S/O LATE MANGILAL
AGED ABOUT 27 YEARS
RESIDING AT NO.76
THANAK KI GALI
BORNARI, PALI
RAJASTHAN 306103.
2.
MR B AMRARAM CHOUDHARY
S/O. LATE BOMARAMJI
AGED ABOUT 50 YEARS
R/ AT NO.09
2ND CROSS, PS LANE
COTTONPETE
BANGALORE - 560 052
3.
MRS. A TARA KUMARI
W/O. AMRARAM CHOUDHARY
AGED ABOUT 45 YEARS
R/ AT NO.09
2ND CROSS PS LANE
COTONPETE
BENGALURU 560 053.
4.
MRS. BUNDI DEVI
W/O. LATE MAGILAL
AGED ABOUT 51 YEARS
Digitally
signed by
PADMAVATHI
B K
Location:
High Court of
Karnataka
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R/ AT NO.76
THANAK KI GALI
BORNARI, PALI
RAJASTHAN 306103.
…PETITIONERS
(BY SRI: HITESH GOWDA B.J.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY WEST WOMEN POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUT
HIGH COURT OF KARNATAKA
BANGALORE-560 001.
2.
MRS. SUNITHA N
W/O MR. KAILASH
AGED ABOUT 27 YEARS
NO.57, 12TH MAIN ROAD
4TH CROSS, RAYAPURAM MAIN ROAD
JJR NAGAR, CHAMARAJPET
BENGALURU - 560018
…RESPONDENTS
(BY SMT: RASHMI PATEL, HCGP FOR R1;
SMT: M R PRIYANKA, ADV FOR R2)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED
UNDER SECTION 528 BNNS) BY THE PETITIONER PRAYING TO
QUASH THE FIR AGAINST THE PETITIONERS IN CR.NO.56/2026
REGISTERED BY WEST WOMEN POLICE PENDING ON THE FILE
OF THE HONBLE XXIV A.C.J.M COURT AT BENGALURU FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 85, 115(2), 351(2),
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352 READ WITH SECTION 3(5) OF BNS 2023 READ WITH 3
AND 4 OF D.P ACT 1961.
THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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 Crime No.56 of 2026 registered by West Women Police Station for the offences punishable under Sections 85, 115(2), 351(2), 352 and Sections 3(5) of BNS, 2023 read with Sections 3 and 4 of DP Act, 1961.
2. Heard Sri B J Hitesh Gowda, learned counsel appearing for the petitioners, Smt Rashmi Patel, learned High Court Government Pleader appearing for respondent No.1, Smt M R Priyanka, 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 Crl.Misc.No.303 of 2026 and have settled the dispute amongst themselves before the Family Court by terms of joint
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memo. One of the term of the joint memo is, closure of the present proceedings. The joint memo reads as follows: "JOINT MEMO"
Undersigned Counsel for the parties respectfully submits as follows that:
1. The Petitioner has filed the above- captioned petition against the respondent seeking monthly maintenance for herself and their daughters.
2. The parties have now mutually agreed to settle the existing dispute. Pursuant to this settlement, the respondent will take back the petitioner along with their daughters, Kumari Dhiya K. and Kumari Pihu K., to Rajasthan, where they will resume their matrimonial life. Further, the Respondent undertakes that he will take care of all the needs of the petitioner and their daughters, including the daughters' school fees.
3. The respondent unequivocally undertakes that within two months of their return to Rajasthan, he will set up a residential house in Sojat Road, Pali District, Rajasthan, where the respondent, the petitioner, and their daughters will reside together. The respondent further undertakes not to cause any harassment or physical abuse to the petitioner and their daughters.
4. The petitioner had filed a Criminal Complaint before the West Women Police Station, registered as Crime No.56/2026. Now, on account of this settlement, the petitioner will withdraw the said criminal complaint and will not pursue the same further.
5. The respondent has handed over all the gold and jewelry belonging to the petitioner to her. The petitioner hereby acknowledges receipt of the same.
6. In the event of any failure on the part of the respondent to perform the conditions set out in this compromise, the petitioner shall be at liberty to revive the present case and pursue all available legal remedies
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against the respondent in accordance with applicable laws.
7. Both the petitioner and the respondent, having fully understood the terms and conditions of this Joint Memo of Compromise, have executed the same voluntarily, of their own free will, and without any coercion, in the presence of their respective legal counsel.
PRAYER
8. The petitioner and the respondent respectfully pray that this Hon'ble Court be pleased to accept this Joint Memo of Compromise and pass necessary Orders/Judgment in terms thereof, thereby putting a quietus to the present proceedings, in the interest of justice."
4. Therefore, in light of the settlement arrived at between the parties quoted supra, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petition.
5. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is disposed.
(ii) Proceedings in Crime No.56 of 2026 registered by West Women Police Station, pending on the file of the XXIV Additional CJM Court,
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Bengaluru, stands quashed, qua the petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
BGN List No.: 2 Sl No.: 102