Allowed¶86

Chethankumar R v. Smt Chaitra J

Criminal Procedure – Quashing – Section 482 Cr.P.C – Matrimonial dispute

Karnataka HC2 Sept 2025CRL.P/11765/2023

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Case brief

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What is this about?

Karnataka HC Bengaluru; CRL.P No.11765/2023; decided 02-09-2025; J.M.Khazi J; quashing under s.482 CrPC on mediation settlement; 498A 323 504 506 r/w 34 IPC; ss.3 & 4 Dowry Prohibition Act; Crime No.321/2022 Byadarahalli PS; C.C.No.128/2023 CJM Bengaluru Rural District; M.C.No.8053/2023 divorce decree Family Court; s.89 CPC settlement; Rs.12,00,000 minor son welfare; 40gms gold chain; withdrawal of s.144 BNSS maintenance case; compromise between husband and wife.

What did the court decide?

Petition under Section 482 Cr.P.C allowed; entire criminal proceedings in C.C.No.128/2023 (Crime No.321/2022 of Byadarahalli PS) on the file of CJM Bengaluru Rural District quashed; Registry directed to send copy of the order to the trial Court forthwith. ¶86

Chethankumar R Vs Smt Chaitra J — Maintenance and Alimony | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings in C.C.No.128/2023 (Crime No.321/2022 of Byadarahalli PS) against accused Nos.1 to 3 for offences under Sections 498A, 323, 504, 506 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act ought to be quashed under Section 482 Cr.P.C in view of the settlement arrived at between the parties.

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Court's answer

As per Sl.No.10 of the memorandum of settlement, respondent No.1 agreed to settle the matter in C.C.No.128/2023 in respect of which the present petition was filed, and learned counsel for respondent No.1 admitted the said facts.

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Ratio / Principle

Since the parties had settled their dispute and learned counsel for respondent No.1 submitted no objections, the petition deserved to be allowed and the criminal proceedings pending against accused Nos.1 to 3 were required to be quashed.

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Key takeaways

The entire criminal proceedings in C.C.No.128/2023 (Crime No.321/2022 of Byadarahalli PS) on the file of the Chief Judicial Magistrate, Bengaluru Rural District, are quashed.ratio¶87

Detailed headnote1 paragraphs

Criminal Procedure - Quashing - Section 482 Cr.P.C - Matrimonial dispute - Proceedings in C.C.No.128/2023 (FIR Crime No.321/2022, Byadarahalli PS) against husband and in-laws for offences under Sections 498A, 323, 504, 506 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act - Parties settled all disputes before Mediation in M.C.No.8053/2023 under Section 89 CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005; divorce decree passed by V Additional Principal Judge, Family Court, Bengaluru - Settlement term 10: respondent No.1 (wife) agreed to assist in closing/quashing C.C.No.128/2023 and her counsel raised no objection; husband paid Rs.12,00,000/- by demand draft towards education and welfare of minor son and agreed to hand over 40gms gold chain; wife retained custody and undertook to withdraw Crl.Misc No.783/2024 under Section 144 BNSS - Held: petition allowed; entire criminal proceedings in C.C.No.128/2023 on the file of CJM Bengaluru Rural District quashed; Registry directed to send copy of the order to the trial Court.

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 11765 OF 2023

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(482(Cr.PC) / 528(BNSS))

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BETWEEN:

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CHETHANKUMAR R S/O C S RAJANNA, AGED ABOUT 32 YEARS

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C S RAJANNA S/O SIDDAPPA, AGED ABOUT 62 YEARS

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H LAKSHMIKANTHA @ KANTHAMMA AGED ABOUT 56 YEARS

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Digitally signed by REKHA R

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Location: High Court of Karnataka

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ALL ARE RESIDING AT NO 331, PRASHANTHNAGARA, CHIKKABALLAPURA TOWN, CHIKKABALLAPURA DISTRICT-562101

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(BY SRI. V LAKSHMI KANTHA RAO, ADVOCATE)

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…PETITIONERS

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AND:

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SMT CHAITRA J W/O CHETHANKUMAR R, AGED ABOUT 28 YEARS, RESIDING AT NO 177/164, 2ND MAIN, TUNGANAGARA, MAGADI MAIN ROAD,

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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HEROHALLI, BANGALORE-560091

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STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA COURT COMPLEX, BANGALORE-560001

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…RESPONDENTS

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(BY SRI.ANIL KUMAR.J, ADVOCATE FOR R1; SMT.N.ANITHA GIRISH, HCGP FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.321/2022 AND THE CHARGE SHEET IN C.C.NO.128/2023 OF BYADARAHALLI POLICE STATION, FOR THE OFFENCE P/U/S 498A, 323, 504, 506 R/W 34 OF IPC AND 3 AND 4 OF D.P. ACT, PENDING ON THE FILE OF CJM RURAL COURT AT BANGALORE RURAL DISTRICT AS AGAINST PETITIONER NO.1 TO 3.

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THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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Petitioner/Accused No.1 and both learned counsel are

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present.

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This petition is filed by accused Nos.1 to 3

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under Section 482 of Cr.P.C, to quash the criminal proceedings initiated against them in C.C.No.128/2023,

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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(arising out of crime No.321/2022 of Byadarahalli PS) for the offences punishable under Sections 498A, 323, 504 and 506 r/w Section 34 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act.

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It is submitted by the both learned counsel for the petitioners and respondent No.1 that the dispute between the parties has been settled before the Mediation and memorandum of settlement under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is filed in M.C.No.8053/2023. A memo along with certified copy of the order sheet, Mediation settlement agreement, decree in M.C.No.8053/2023 passed on by V Additional Principal Judge, Family Court, Bengaluru are produced.

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As per the Sl.No.10 of the said settlement, respondent No.1 has agreed settle the matter in CC No.128/2023 in respect of which the present petition is filed. Learned counsel for respondent No.1 herein also admit the said facts.

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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The terms and conditions of settlement arrived

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at between the parties reads as under:

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" MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE

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KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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1. The Petitioner has filed this petition against the Respondent under Section 13 (1) of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent/wife.

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II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the parties along with their respective advocates were present and they have resolved their dispute and have agreed to the following terms and conditions:

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1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 02.12.2018 at Parvathamma Ramaiah Mangala Bhavana, No.1051/153, 7th Block, 60 Feet Road, Next to Mallathahalli R.T.O Office, Muddinapalya, Bengaluru as per Hindu rites and customs.

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2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately since

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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15.02.2020. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce.

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3. Both the parties state that they have a male child by name Shivin Sai, born on 03.08.2020 who is presently under the care and custody of the respondent/mother and shall continue to be so in future and the respondent/mother shall be sole authority for submitting applications for VISA, Passport, School-College admissions in future for which the petitioner/father has no objection. The petitioner/father has voluntarily given up his visitation rights over the minor son and he has no objection to his son to move abroad.

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4. The petitioner has agreed to pay a sum of Rs.12,00,000/-(Rupees Twelve Lakhs Only) to the respondent towards education and welfare of the minor child by way of demand draft

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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bearing No.049204 dated 03.07.2025 drawn on State Bank of India, Chikkaballapura Branch in favour of the minor son Shivin Sai (Aaadhar No.590009641776) and the same will be handover to the respondent before the Hon'ble Court at the time of reporting settlement.

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5. The respondent/mother undertakes to bear entire expenses including education, medical and day to day upbringing expenses of the minor son in future.

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6. Both parties state and agree that they have no claims of maintenance/permanent alimony against each other either past, present or in future, as both of them are capable of maintaining themselves independently.

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7. The parties herein state that they have no claims over movable or immovable properties belonging to each other either existing or to be acquired or inherited at a later stage.

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8. The petitioner has agreed to give 40gms of gold chain to the respondent before this Hon'ble Court as such they have no further claims in this regard.

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9. The parties admit and agree that they have no further claims of whatsoever manner

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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against each other either past, present or future to assist.

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10. In view of the settlement arrived to between the parties that the respondent has agreed to assist in closing/quashing C.C.No.128/2023 filed under section 498A, 323, 504, 506 R/w Section 34 of IPC and section 3 & 4 of D.P.Act against the petitioner and his family members pending before Chief Judicial Magistrate, Bengaluru Rural District. Both parties have agreed to co-operate in allowing the Crl.P.No.11765/2023 filed by the petitioner seeking for quashing of the proceedings in C.C.No.128/2023 pending before the Hon'ble High Court of Karnataka, Bengaluru.

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11. The respondent has also agreed to withdraw Crl.Misc No.783/2024 filed under section 144 of BNSS for maintenance against the respondent pending on the file of V-Addl. Family Court, Bengaluru.

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12. Both the parties state that without pressing on the allegations levelled against each other either orally or expressly arrived at this agreement.

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13. The parties admit and agree that there is no collusion or force, fraud or any undue

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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influence in filing the above petition and entering into this compromise in the aforesaid manner.

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14. Both the parties admit that they shall not interfere in the lives of each other in future.

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III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 02.12.2018 at Parvathamma Ramaiah Mangala Bhavana, No.1051/153, 7th Block, 60 Feet Road, Next to Mallathahalli R.T.O Office, Muddinapalya, Bengaluru by granting a decree of divorce in terms of this agreement.

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IV. Parties will appear on 14.07.2025 before the Hon'ble Court for passing of orders in terms of the agreement.

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Having regard to the fact that the parties have settled their dispute and learned counsel for respondent No.1 also submitted no objections to allow the petition, the petition deserves to be allowed and criminal proceedings pending against them are required to be quashed and accordingly the following:

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NC: 2025:KHC:34415 CRL.P No. 11765 of 2023

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HC-KAR

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ORDER

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(i) The petition filed by petitioners/accused Nos.1 to 3 under Section 482 Cr.P.C, is allowed.

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(ii) The entire criminal proceedings in C.C.No.128/2023 (Crime No.321/2022 of Byadarahalli PS) on the file of Chief Judicial Magistrate (CJM) Bengaluru Rural District, Bengaluru, is hereby quashed.

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(iii) The Registry is directed to send copy of this order to the trial Court forthwith.

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Sd/(J.M.KHAZI) JUDGE

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ASN List No.: 1 Sl No.: 39

Chethankumar R v. Smt Chaitra J

Case brief

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Chethankumar R v. Smt Chaitra J

Case brief

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