Sri.Deepak S.R.K. Vs the State by Byatarayanapura Police Station

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE CHARGE SHEET IN CC NO.1719/2022 FILED BY THE BYATARAYANAPURA POLICE IN CR.NO.166/2021 WHICH IS PENDING BEFORE 31ST ACMM AT BANGALORE FOR THE O/P/U/S 498A, 307, 109, 149 OF IPC AND SEC. 3 AND 4

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HC-KAR

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OF D.P ACT AND ALL FURTHER PROCEEDINGS, IN THE

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INTEREST OF JUSTICE AND EQUITY.

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IN CRL.P NO. 3607/2022

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BETWEEN:

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SRI. GOPALA C G, AGED ABOUT 33 YEARS, S/O SRI. GOWDE GOWDA, R/AT CHEELANAHALLI, MAVINAHALLI, GUBBI TALUK, TUMKUR-572213.

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SRI. PATEL BHARADWAJ NATVARLAL, AGED ABOUT 32 YEARS, S/O SRI. PATEL NATVARLAL DAHYABHAI, R/AT ATPO, JESHPORE VANKDIFALIA, VIA UNTDIDUNGRI, SARODHI, VALSAD PARDI VALSAD, GUJARAT-396001. B.S.

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SRI. J. MURALI, AGED ABOUT 37 YEARS, C/O SRI. KAPSE JAGANATH, NO.13, FLAT NO.402, HERITAGE ENCLAVE, CANARA BANK COLONY ROAD, MARUTINAGAR, CHANDRA LAYOUT, BANGALORE-560072.

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SRI. L. MANU, AGED ABOUT 32 YEARS, S/O SRI. LAKSHME GOWDA, NO.3074, 2ND MAIN, WATER TANK ROAD, VBHCS LAYOUT, 4TH PHASE, GIRINAGAR, BANGALORE-560085.

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...PETITIONERS

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(BY SRI. M. PARTHA, ADVOCATE)

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AND:

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THE STATE - THROUGH THE POLICE INSPECTOR, BYATARAYANAPURA POLICE STATION, BANGALORE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001.

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SMT. HARSHITHA, AGED ABOUT 27 YEARS, W/O SRI. S.R.K. DEEPAK, NO.221, OPP BHEL, RANGANATHA COLONY, MYSORE ROAD, BANGALORE-560026.

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...RESPONDENTS

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(BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI. MAHESHWARA M, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH THE CHARGE SHEET IN C.C.NO.1719/2022 FILED BY THE BYATARAYANAPURA POLICE IN CR.NO.166/2021 WHICH IS PENDING BEFORE 31ST A.C.M.M., AT BENGALURU FOR THE OFFENCES P/U/S 498A, 307, 109, 149 OF IPC AND SEC.3 AND 4 OF D.P ACT AND ALL FURTHER PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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In Crl.P.No.14642/2025, the petitioners are before this

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Court seeking the following prayers:

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“WHEREFORE, it is prayed that this Hon'ble Court be pleased to quash the chargesheet in C.CNo.1719/2022 filed by Byatarayanapura Police in Crime No: 166/2021 which is pending before 31st Addl. Chief Metropolitan Magistrate at Bangalore for the offences punishable under Section 498A, 307, 109, 149 of IPC and Section 3 & 4 of Dowry Prohibition Act and all further proceedings in the interest of justice and equity.”

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In Crl.P.No.3607/2022, the petitioners are before

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this Court seeking the following prayers:

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“WHEREFORE, it is prayed that this Hon'ble Court be pleased to quash the charge sheet in C.CNo.1719/2022 filed by the Byatarayanapura Police in Crime No: 166/2021 which is pending before 31st Addl. Chief Metropolitan Magistrate at Bangalore for the offences punishable under Section 498A, 307, 109, 149 of IPC and Section 3 & 4 of Dowry Prohibition Act and all further proceedings in the interest of justice and equity.”

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Heard Sri.Partha, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.Maheshwara M, learned counsel appearing

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for respondent No.2 and have perused the material on record.

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During the pendency of the proceedings, the parties

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to the lis have settled the dispute among themselves and have filed their affidavits in that regard and have also produced the order in M.C.No.77/2025 passed by the Court of Addl. Senior Civil Judge & JMFC, Channapatna.

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5. The order passed in M.C.No.77/2025 by the Court of Addl. Senior Civil Judge & JMFC, Channapatna reads as follows:

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"The Petitioners have filed this petition U/sec.13(B) of Hindu Marriage Act 1955 for dissolution of their marriage dated 04.11.2019 by mutual consent.

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2. In brief, the case of the petitioner is as follows:- The Petitioners are legally weeded husband and wife. Their marriage was solemnized on 04.11.2019 at Thimmamma Dasegowda Kalyana Mantapa, B.M. Road, Kengal, Channapatna Taluk, as per their rituals in the presence of elders and well wishes. After marriage, the Petitioner No.1 & 2 have started to live at matrimonial house few months. Some mis-understandings arose between Petitioners. Thereafter, the Petitioners have living separate. There is no coercion, undue influence, or pressure in filing of this petition. Hence filed this petition. As per the advice of the well wishes and as per the compromise, 2^nd petitioner received Rs.15,00,000/- out of 13,00,000/- reaming Rs.15,00,000/- is pending to give to 2^nd petitioner. After the disposal of the criminal petition No.3607/2022 and 14642/2025 and CC 1719/2022 the 1^st petitioner agreed to give a DD to the 2^nd petitioner.

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3. Heard the arguments and perused the pleadings and evidence of the petitioners.

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4. The following points arise for my consideration.

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1. Whether the petitioners have made out sufficient grounds to grant decree of divorce between them?

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2. What order?

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5. The Petitioner No.2 himself examined as PW.1 and 2 documents got marked as Ex.P-1 and 2 Petitioner No.1 himself examined as PW.2 and 1 document got marked as Ex.P-3.

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6. My findings to the above points are as under:

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Point No. 1 : In the Affirmative Point No.2 : As per the final order, for the following

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:: REASONS ::

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7. POINT NO.1: The case of the petition is that The Petitioners are legally weeded husband and wife. Their marriage was solemnized on 04.11.2019 at Thimmamma Dasegowda Kalyana Mantapa, B.M. Road, Kengal, Channapatna Taluk, as per their rituals in the presence of elders and well wishes. After marriage, the Petitioner No.1 & 2 have started to live at matrimonial house. After few months, some misunderstandings arose between Petitioners. There is no possibility of re-union between both Petitioners. There is no compatibility between each other. All possible efforts have been closed under these circumstances. There is no coercion, undue influence, or pressure in filing of this petition.

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8. After filing of this petition, in view of directions issued by the Hon'ble Supreme Court of India in the decisions in K.Srinivas Rao Vs Deepa SLP(Civil) No.4782/2007 dated 22.02.2013 , this case is to be referred to the Mediator for resolution of the disputes since there is good chance of settlement and thereby Sri.C.L.S., Advocate was appointed as Mediator and after Mediation, he submitted his failure report. Thereafter this Court made several efforts to unite both petitioners in order to lead happy marital life. But the reconciliation was also failed. In order to prove

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their case, the petitioner No.1 herself examined as PW.2 and Petitioner No.2 himself examined as PW.1 and got marked Ex.P-1 to Ex.P-3. Both witnesses clearly submitted in their chief examinations that it is impossible to lead happy marital life. There was no coercion, threat or pressure to file divorce petition by mutual consent. After perusing the averments of petition and depositions made by the both the parties and documents placed on record, it clearly reveals that the petitioners are residing separately since from more than two years. Therefore, I hold that the petitioners are not in a position to lead marital obligations due to difference of opinion between them. Moreover, 2^nd petitioner has received Rs.15,00,000/- out of rs.30,00,000/- as a permanent alimony and 1^st petitioner agreed to pay the remaining Rs.15,00,000/after closing of other cases pending for before the court. Therefore, I am of the opinion that the petitioners are entitled relief as claimed in the petition. Hence, I answer point No.1 in the Affirmative.

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9. POINT NO.2 : In the result, I proceed to pass the

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following:-

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ORDER

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The petition filed by the petitioners U/sec.13(B) of Hindu Marriage Act 1955 is hereby allowed. The marriage solemnized on 04.11.2019 between the petitioner No.1 and 2 is hereby annulled by decree of divorce.

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No order as to cost.

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Draw decree accordingly."

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Counsel for the petitioners hands over a demand

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draft of Rs.15,00,000/- which is acknowledged by the counsel

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for the complainant and the complainant who is present before the Court.

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The parties to the lis are present before the Court

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and are identified by their respective counsels.

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In the light of filing of affidavits and also the order in M.C.No.77/2025 passed by the Court of Addl. Senior Civil Judge & JMFC, Channapatna and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioners in the subject petitions.

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For the aforesaid reasons, the following:

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ORDER

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[I] Criminal Petitions are disposed .

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[II] In Crl.P.No.14642/2025, proceedings in C.CNo.1719/2022 filed by Byatarayanapura Police in Crime No.166/2021 pending before 31st Addl. Chief Metropolitan Magistrate at Bangalore, stands quashed qua the petitioners.

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[III] In Crl.P.No.3607/2022, proceedings in C.CNo.1719/2022 filed by Byatarayanapura Police

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