Disposed¶69

Venkata Krishna Rao P v. State by

Karnataka HC7 Jan 2026CRL.P/17291/2025

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on matrimonial settlement; C.C.No.37123/2025; BNS Sections 115(2), 118(1), 351(2), 351(3), 352, 3(5); Section 482 Cr.PC; Section 528 BNSS; M.C.No.6006/2025 Family Court settlement; memorandum of settlement under Section 89 CPC; Rules 24 and 25 Karnataka Civil Procedure (Mediation) Rules, 2005; offences not against the State; IX Addl. CJM Bengaluru; Crl.P. No.9052/2025; M. Nagaprasanna J.; criminal petition disposed.

What did the court decide?

The criminal petition is disposed of, and the proceedings in C.C.No.37123/2025 pending before the IX Addl. Chief Judicial Magistrate, Bengaluru, qua the petitioners, stand quashed. ¶69

Venkata Krishna Rao P Vs State by — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The criminal petition is disposed of, and the proceedings in C.C.No.37123/2025 pending before the IX Addl. Chief Judicial Magistrate, Bengaluru, qua the petitioners, stand quashed.

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Issue for consideration

Whether the further proceedings against the petitioners in C.C.No.37123/2025 (offences punishable under Sections 115(2), 118(1), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita Act, 2023) pending before the IX Addl. CJM, Bengaluru, ought to be quashed in view of the settlement between the parties.

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Court's answer

In light of the settlement arrived at between the parties (quoted supra) and the offences not being against the State, the Court deemed it appropriate to terminate the proceedings pending against the petitioners in the subject petition.

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Ratio / Principle

The proceedings in C.C.No.37123/2025 pending before the IX Addl. Chief Judicial Magistrate, Bengaluru, qua the petitioners, stand quashed; the criminal petition is disposed of.

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Detailed headnote1 paragraphs

Criminal petition under Section 482 Cr.PC (filed under Section 528 BNSS) by two accused to quash further proceedings in C.C.No.37123/2025 (offences punishable under Sections 115(2), 118(1), 351(2), 351(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita Act, 2023) pending before the IX Addl. CJM, Bengaluru. The parties had settled their matrimonial dispute before the Family Court in M.C.No.6006/2025 by a memorandum of settlement under Section 89 CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, one term whereof was withdrawal/closure/quashing of the present proceedings and of Crl.P. No.9052/2025. Holding that the offences were not against the State, the Court terminated the proceedings, quashed C.C.No.37123/2025 qua the petitioners and disposed of the criminal petition. Settlement terms included Rs.27,00,000/- received by the wife towards permanent alimony, retention of jewellery worth Rs.55,00,000/- (total Rs.82,00,000/-), custody of the minor daughter with the mother with visitation rights to the father, and transfer of a Raichur property to the minor daughter by registered gift deed dated 21.11.2025.

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NC: 2026:KHC:946 CRL.P No. 17291 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 7^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 17291 OF 2025

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BETWEEN:

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VENKATA KRISHNA RAO P., S/O LATE P.RAMA SATYANARAYANA, AGED ABOUT 66 YEARS,

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NIKITHA POTLURI, D/O VENKATA KRISHNA RAO P., AGED ABOUT 32 YEARS,

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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BOTH THE PETITIONERS ARE R/AT FLAT NO.103, VIVO SJR FIESTA HOMES, DODDANAGAMANGALA, ELECTRONIC CITY, BENGALURU – 560 100.

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PRESENT ADDRESS OF PETITIONERS R/AT G-13, B-BLOCK, PARAMOUNT RAGHAVENDRA AKASH, NO. 33, GOVINDA SHETTY PALYA ROAD, KAMADENU LAYOUT, KONAPPAN AGRAHARA, ELECTRONIC CITY, BENGALURU – 560 100.

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…PETITIONERS

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(BY SRI. ASHWATH C. M., ADVOCATE)

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NC: 2026:KHC:946 CRL.P No. 17291 of 2025

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HC-KAR

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AND:

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STATE BY PARAPPANA AGRAHARA P. S., BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

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DHANUNJAY KALVAKURI, S/O K.BRAMHAIAH, AGED ABOUT 35 YEARS, R/AT FLAT NO. 103, VIVO SJR FIESTA HOMES, DODDANAGAMANGALA, ELECTRONIC CITY, BENGALURU – 560 100.

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…RESPONDENTS

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(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI. JAYSHAM JAYSIMHA RAO, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FURTHER PROCEEDINGS AGAINST THE PETITIONERS IN CC.NO.37123/2025 PENDING ON THE FILE OF HON’BLE IX ADDL. CJM AT BANGALURU THE OFFENCE P/U/S. 115(2), 118(1), 351(2), 351(3), 352, 3(5) BNS.

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

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NC: 2026:KHC:946 CRL.P No. 17291 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court calling in question the proceedings in C.C.No.37123/2025 registered for the offences punishable under Sections 115(2), 118(1), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita Act, 2023.

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Heard Sri.Ashwath C.M, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl.SPP appearing for respondent No.1, Sri. Jaysham Jayasimha Rao, learned counsel appearing for respondent No.2 and have perused the material on record.

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The parties to the lis were also before the Family Court in M.C.No.6006/2025 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 term in the settlement reads as follows:

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NC: 2026:KHC:946 CRL.P No. 17291 of 2025

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HC-KAR

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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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The parties above named submit as follows:-

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I. The petitioners have filed this petition under Section 13-B of the Hindu Marriage Act for dissolution of their marriage. The statutory period of six months has been waived by the Hon'ble Court vide its order dated 25.09.2025.

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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 petitioners along with their advocate were present, the parties have identified each other and have resolved their dispute on the following terms and conditions:

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The petitioners state they are Hindus by religion and their marriage was solemnized on 21.08.2022 at Hotel Shubham Celebration, Doctor's Colony, Nallagondla, Serilingampalli, Hyderabad, as per Hindu rites and customs. Subsequently, the said marriage was registered on 06.04.2023 before the Officer of Registrar of Hindu Marriages and Joint Sub-Registrar 1, Khammam District, Telangana State vide certificate No.SMG-287/HM/2023 in Vol No.131.

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Both the petitioners state that, due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately since November 2023. 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 reunion amongst them since they admit that their marriage is irretrievably broken down. Hence, the petitioners have decided to get the marriage between them be dissolved by a decree of divorce mutually.

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NC: 2026:KHC:946 CRL.P No. 17291 of 2025

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HC-KAR

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The petitioners state that they have a daughter by name Diya Kalvakuri, born on 11.09.2023, presently under the care and custody of the 1^st petitioner/mother and shall continue to be so in future for which the 2^nd petitioner/father has no objection. The 2^nd petitioner/father is at liberty to visit the child for three hours in every 15 days with prior intimation to the 1^st petitioner/mother keeping the best interest of the child welfare.

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Towards permanent alimony/maintenance of Wife and upbringing of minor daughter: The 1^st petitioner agrees to have received a sum of Rs.27,00,000/- (Rupees Twenty Seven Lakhs Only) given to her by the 2^nd petitioner. That apart the 2^nd petitioner has agreed to allow the 1^st petitioner to retain all the gold and other jewelry which is to a tune of a sum of Rs.55,00,000/(Rupees Fifty Five Lakhs Only) given to her at the time of marriage. In total the 1^st petitioner acknowledges the receipt of Rs.82,00,000/(Rupees Eighty Two Lakhs Only), as full and final settlement of all her claims.

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In addition, towards the wellbeing of the child, the 2^nd petitioner has got the below stated property transferred through his father Sri. K Brahmaiah @ Kalwakuri Brahmaiah to the minor daughter Diya Kalvakuri, rep by 1^st petitioner/mother by way of Registered Gift Deed dated 21.11.2025 before the Sub-Registrar, Raichur vide document No.RCR-108804-2025-26 in Book-1, bearing Plot No.2 Municipal No. 1-4-90/2, Ward No.3, PID No.3-6670-688 measuring East to West 13+10/2 meters and North to South 18 meters, admeasuring a total of 206.987884 sq meters situated in the approved layout of N.A Land, Survey No.1246/A, Raichur Village, Taluk and District, Raichur. The said layout is commonly known and called as Radhakrishan Nagar, Raichur within the Municipal limits of Raichur.

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Both the petitioners state and agree that they have no other claims of whatsoever nature against

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NC: 2026:KHC:946 CRL.P No. 17291 of 2025

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HC-KAR

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each other either past, present or in future in addition to what has been agreed herein.

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Both petitioners herein state that they have no claims over movable or immovable properties belonging to each other or to be acquired in future.

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In view of the above settlement arrived between the parties, both the parties have agreed to cooperate in withdrawing/closing/quashing C C No.37123/2025 filed under Section 115 (2), 118 (1), 351 (2), 351 (3), 352 r/w 3 (5) of BNS, which is pending before 39^th ACMM, Bengaluru, and another Criminal Petition vide Crl.P. No.9052/2025 filed under Section 482 pending before the Hon'ble High Court of Karnataka, Bengaluru.

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Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this agreement in the aforesaid manner.

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Both Petitioners shall abstain from disseminating any personal information or media on social platforms that could defame or adversely affect each other or their family members.

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Both the parties admit that they shall not interfere in the personal/profession 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 21.08.2022 at Hotel Shubham Celebration, Doctor's Colony, Nallagondla, Serilingampalli, Hyderabad and cancel the marriage certificate registered on 06.04.2023 before the Officer of Registrar of Hindu Marriages and Joint Sub-Registrar 1, Khammam District, Telangana State vide certificate No.SMG-287/HM/2023 in Vol No.131, by granting a decree of divorce in terms of the aforesaid agreement.

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NC: 2026:KHC:946 CRL.P No. 17291 of 2025

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HC-KAR

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IV. The petitioners will appear on 25.11.2025 before the Hon'ble Court for passing appropriate orders in terms of the agreement.”

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Therefore, in light of the settlement arrived at

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between the parties quoted supra and offences not being against the State , I deem it appropriate to terminate the proceedings pending against the petitioners in the subject petition.

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