Disposed¶72

Sri Somant Sadananda Pathak v. State by South East Women Police Station

Karnataka HC8 Jun 2026CRL.P/15364/2025

Case brief

AI extract

What is this about?

Quashing of FIR in matrimonial cruelty case on settlement; S.85 and S.118(1) BNS 2023; Ss.3 & 4 Dowry Prohibition Act; S.482 CrPC / S.528 BNSS inherent powers; memorandum of settlement S.89 CPC with Karnataka Civil Procedure (Mediation) Rules 24 & 25; M.C.No.7750/2024 Family Court settlement; mutual consent divorce; Rs.45,00,000 alimony; Release Deed; Crime No.93/2024; South East Women Police Station Bengaluru; 39th ACMM Bengaluru; C.C.No.13524/2025 s.498(A) D.P.Act; High Court of Karnataka; M.Nagaprasanna J.

What did the court decide?

Proceedings against the petitioner terminated; Crime No.93/2024 pending before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, quashed pursuant to the memorandum of settlement between the parties. ¶72

Sri Somant Sadananda Pathak Vs State by South East Women… — Dowry and Cruelty | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR/proceedings in Crime No.93/2024 registered by South East Women Police Station against the petitioner for offences under Sections 85 and 118(1) of the BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act ought to be quashed, in view of the memorandum of settlement arrived at between the parties.

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Court's answer

Since the offence alleged against the petitioner is under Section 85 of the BNS in a matrimonial dispute and the allegations are not against the State, the Court deemed it appropriate to accept the terms and conditions of the memorandum of settlement and terminate the proceedings against the petitioner.

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Ratio / Principle

Crime No.93/2024, pending before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 85 and 118(1) of the BNS, 2023, stands quashed.

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Detailed headnote1 paragraphs

Criminal Petition under S.482 Cr.PC (filed under S.528 BNSS) by accused No.1 seeking quashing of the FIR in Crime No.93/2024 registered by South East Women Police Station for offences under Sections 85 and 118(1) of the BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, pending before the 39th Additional Chief Metropolitan Magistrate, Bengaluru. The parties to the matrimonial dispute had settled their differences before the Family Court in M.C.No.7750/2024 and placed on record a memorandum of settlement under Section 89 of the CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, providing for divorce by mutual consent, payment of Rs.45,00,000/- towards alimony and property claims (Rs.20,00,000/- by DD paid on 05.03.2026; Rs.25,00,000/- by DD on registration of the Release Deed on or before 20.03.2026), and cooperation in closing/quashing the related criminal cases (C.C.No.13524/2025 under s.498(A) r/w 3&4 D.P.Act). Holding that the case was a matrimonial dispute with allegations not against the State, the Court accepted the terms of settlement and terminated the proceedings against the petitioner; Crime No.93/2024 stands quashed and the petition is disposed.

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NC: 2026:KHC:27285 CRL.P No. 15364 of 2025

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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 8^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 15364 OF 2025

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BETWEEN:

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SRI SOMANT SADANANDA PATHAK, S/O SADANAND PATAK, AGED ABOUT 40 YEAERS, NO.4223, 22^ND FLOOR , TOWER 4, PRESTIGE SONG OF THE SOUTH, BEGUR MAIN ROAD, YELANAHALLI, BANGALORE 560 068.

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…PETITIONER

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(BY SMT. K SHEELA ANISH, ADVOCATE)

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AND:

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Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

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STATE BY SOUTH EAST WOMEN POLICE STATION, REPRESENTED BY SPP, KARNATAKA HIGH COURT, BANGALORE-5001.

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SMT. ROOPALATA PATHAK, W/O SUMANTH PATAK, AGED ABOUT 40 YEARS, NO.4223, 22ND FLOOR, TOWER-4, PRESTIGE SONG OF THE SOUTH, BEGURU MAIN ROAD, YELENAHALLI,

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NC: 2026:KHC:27285 CRL.P No. 15364 of 2025

HC-KAR

BANGALORE-560 068.

…RESPONDENTS

(BY SRI K NAGAESHWARAPPA, HCGP FOR R-1)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) TO QUASH THE FIR REGISTERED BY SOUTH EAST WOMEN POLICE STATION (RESPONDENT NO.1) AGAINST THE PETITIONER AND THE PETITION IN CRIME NO.0093/2024 FOR THE OFFENCES U/S 85, 118(1) OF BNS 2018 ALONGWITH SECTION 3 AND 4 OF DP ACT, PENDING ON THE FILE OF THE 39TH ADDL.CMM, BANGALORE.

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THIS PETITION, 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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Petitioner – accused No.1 is before this Court calling in question registration of a crime in Crime No.93/2024, pending before the 39^th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 85 and 118(1) of the BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act.

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NC: 2026:KHC:27285 CRL.P No. 15364 of 2025

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HC-KAR

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2. Heard Smt. K. Sheela Anish, learned counsel for petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1.

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3. Learned counsel for petitioner submits that the parties to the lis were before the concerned family Court in M.C.No.7750/2024, where they have drawn certain terms and conditions of settlement and the terms are agreed upon by

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them. The parties have agreed to separate on obtaining divorce on mutual consent. The petitioner has also filed a copy of the memorandum of settlement under Section 89 of the CPC

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r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 and an affidavit along with a memo before this Court.

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4. The terms of settlement reads as follows:

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“ MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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Xxxxxx

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The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 17.01.2012 at Chinthamani Kalyana Mantap, Nashik as per Hindu rites and customs. Subsequently, their marriage was registered on 15.02.2013, before Registrar of Marriages,

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NC: 2026:KHC:27285 CRL.P No. 15364 of 2025

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HC-KAR

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Ahmedabad Corporation vide certificate No.073911/2013.

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The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from 24.10.2024. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. 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 their marriage dissolved by a decree of divorce.

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Both the parties state that they have no children born to them from their wedlock.

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A) The petitioner has agreed to pay a sum of Rs.45,00,000/-(Rupees Forty Five Lakhs Only) to the respondent towards all her claims of permanent alimony/maintenance, release of her rights in the property as full and final settlement, Out of which Rs.20,00,000/-(Rupees Twenty Lakhs Only) will be paid by way of Demand Draft Drawn on State Bank of India, Sahakar Nagar Branch dated 05.03.2026 bearing No.487984 for an amount of Rs.20,00,000/- favouring the respondent shall be paid today i.e, on 05.03.2026 before the Hon'ble court at the time of reporting this settlement agreement.

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B) The remaining amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) by way of Demand Draft drawn on SBI Sahakar Nagar Branch bearing No.487983 dated 05.03.2026 favouring the respondent shall be paid at the time of registration of the Release Deed and that has been accepted by the respondent.

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Both the parties state that they have jointly purchased property i.e., petitioner schedule property bearing Flat No.4223, Level 22, Tower-4, 20th Floor, Building No.2 in the residential building known as "Prestige Song of the South", measuring: 962 Sq. Fts., Carpet area situated at Begur Main Road, Bengaluru560068. In view of the settlement agreement, the respondent undertakes to release all her rights, title, right and interest over the property to the name of

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NC: 2026:KHC:27285 CRL.P No. 15364 of 2025

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HC-KAR

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petitioner by executing a Registered Release Deed on or before 20.03.2026.

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Both the parties state that they have already exchanged their gold jewellery, silver items and other household belongings.

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Further, the respondent shall hand over the following documents to the petitioner at the time of reporting settlement before the Hon'ble Family Court:

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a. Passport

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b. Graduation degree certificate

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c. Senior Management certificate

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d. SSC marksheet

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e. HSC marksheet

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f. Birth certificate

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g. Marksheet of academics from Engineering Management certification.

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Apart from the above, both the parties herein state that they have no further claims over movable or immovable properties belonging to each other either existing or to be acquired or inherited at a later stage/date.

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The respondent has filed a criminal case under section 498 (A) r/w 3&4 of D.P.Act in C.C.No.13524/2025, pending on file of ACJM, Bengaluru. The respondent undertakes to co-operate and assist in closing/quashing in the above criminal case.

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The petitioner has filed a Criminal Petition. 15314/2025, under article 482, pending before Hon'ble High Court of Karnataka, Bengaluru filed for quashing of the FIR and the respondent undertakes to co-operate in allowing the said case.

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Both the parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner.

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

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NC: 2026:KHC:27285 CRL.P No. 15364 of 2025

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HC-KAR

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In the light of the afore-quoted memorandum of settlement and the submissions of the learned counsel appearing for the petitioner, t hough the offence alleged against the petitioner in the case at hand inter alia is the one punishable under Section 85 of the BNS, as it is a matrimonial dispute and the allegations are not against the State, I deem it appropriate to accept the terms and conditions of the memorandum of settlement and terminate the proceedings against the petitioner.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petition is disposed.

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(ii) The impugned Crime No.93/2024, pending before the 39^th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 85 and 118(1) of the BNS, 2023, stands quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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NVJ

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List No.: 1 Sl No.: 39

Sri Somant Sadananda Pathak v. State by South East Women Police Station

Case brief

What is this about?

What did the court decide?

Sri Somant Sadananda Pathak v. State by South East Women Police Station

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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