Smt Priyatha R Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2026)

Smt Priyatha R Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both criminal petitions disposed of on acceptance of the Joint Memorandum of Settlement: proceedings in FIR No.151/2025 (Section 5, Karnataka Protection of Right to Freedom of Religion Act, 2022) quashed qua the petitioner in Crl.P.No.5437/2026; proceedings in Crime No.0018/2026 (Sections 85, 352, 115(2), 351(2), 3(5) BNS 2023) quashed qua the petitioners in Crl.P.No.4038/2026.

Issue for consideration

Whether the FIR No.151/2025 registered by Paper Town Police Station against the petitioner Smt. Priyatha R for the offence punishable under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022 should be quashed (Crl.P No. 5437/2026). +2 more

Court's answer

In Crl.P.No.5437/2026, the proceedings in FIR No.151/2025 pending before the Prl. Civil Judge (Jr. Dn) & JMFC, Bhadravathi, Shimoga District stand quashed qua the petitioner.

Ratio / Principle

The Court accepted the Joint Memorandum of Settlement filed by the parties and terminated the proceedings against the petitioner(s) in the subject petitions, the offences not being against the State.

Key takeaways

In Crl.P.No.4038/2026, the proceedings in Crime No.0018/2026 pending before the 7th Addl. Civil Judge (Jr. Dn) and JMFC Court, Hassan District stand quashed qua the petitioners.ratio¶103

Detailed headnote1 paragraphs

Consolidated disposal of two cross-filed quashing petitions arising from a matrimonial dispute between Smt. Priyatha R and Sri. Vinay B (married 01-05-2011; separated since 11-07-2025). Crl.P No. 5437/2026 (wife) sought quashing of FIR No.151/2025 of Paper Town Police Station, Bhadravathi, registered under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022; Crl.P No. 4038/2026 (husband and his mother Smt. Vanaja) sought quashing of Crime No.0018/2026 of Hassan Women Police Station under Sections 85, 352, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During pendency, the mediated settlement in MC No. 34/2026 (mutual divorce under Section 13(b), Hindu Marriage Act, 1955) produced a Joint Memorandum of Settlement recording: dissolution of marriage by consent; the wife's unconditional waiver of all past, present and future maintenance/alimony claims; permanent custody of the two minor daughters with the father, the mother retaining holiday/vacation visitation; return of belongings and stridhan; a mutual bar on future proceedings; and mutual no-objection to quashing. Holding that the offences were not against the State, M. Nagaprasanna, J. accepted the memorandum, terminated the proceedings, and by order dated 23-06-2026 disposed of both petitions, quashing FIR No.151/2025 qua the petitioner and Crime No.0018/2026 qua the petitioners.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 5437 OF 2026

C/W

CRIMINAL PETITION NO. 4038 OF 2026

IN CRL.P No. 5437/2026

BETWEEN:

SMT. PRIYATHA R, AGED ABOUT 40 YEARS, W/O SRI. VINAY. B, R/AT VEERABHADRESHWARA NILAYA, SHANESHWARA TEMPLE ROAD OPP CHRIST SCHOOL RING ROAD, BUTLER KOPPALU, HASSAN 573202.

Digitally signed by PADMAVATHI B K

Location: High Court of Karnataka

(BY SMT. LAVANYA S, ADVOCATE)

AND:

STATE OF KARNATAKA

BY PAPER TOWN POLICE STATION, REP. BY LEARNED S.P.P, KARNATAKA HIGH COURT, BANGALORE - 560 001.

…PETITIONER

SHRI. VINAY. B, AGED ABOUT 41 YEARS, SON OF LATE BASAVARAJ M, R/AT NO.216/2, PUSPA GIRI NILAYA, VIVEKANANDA LAYOUT, BOMMANAKATTE,

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BADRAVATHI 577302.

…RESPONDENTS

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

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO QUASH THE FIR NO.151/2025 REGISTERED BY THE PAPER TOWN P.S, AS AGAINST THE PETITIONER/ACCUSED, FOR THE OFFENCE P/U/S 5 OF THE KARNATAKA PROTECTION OF RIGHT TO FREEDOM OF RELIGION ACT, 2022, ON THE FILE OF PRL. CIVIL JUDGE, (JR.DN) & JMFC, BHADRAVATHI, SHIMOGA DISTRICT WHICH IS GIVEN HEREIN AT ANNEXURE-A.

IN CRL.P NO. 4038/2026

BETWEEN:

SRI. VINAY B, S/O LATE BASAVARAJ M, AGED ABOUT 42 YEARS, MANAGER, ICICI LOMBARD, R/AT DOOR NO. 216/2, UMBLE BAIL ROAD, NEAR CHANNEL, BOMMANAKATTE, HIRIYUR, BHADRAVATHI, SHIVAMOGGA DISTRICT-577302.

SMT. VANAJA, AGED ABOUT 64 YEARS, W/O BASAVARAJU M, R/AT DOOR NO. 216/2, UMBLE BAIL ROAD, NEAR CHANNEL, BOMMANAKATTE, HIRIYUR, BHADRAVATHI, SHIVAMOGGA DISTRICT-577302

...PETITIONERS

(BY SRI. SURYANATH S BHAT, ADVOCATE)

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AND:

STATE OF KARNATAKA, HASSAN WOMEN POLICE STATION, B.M. ROAD HASSAN, HASSAN DISTIRCT-573201.

PRIYATHA R, MAJOR, W/O VINAY B, D/O RAMABHADRAIAH.Y.S, R/O VEERABHADRESHWARA NILAYA, SHANESWARA TEMPLE ROAD, NEAR THAANYA BADMINTON ACADEMY, GUNDEGOWDANA KOPPALU, HASSAN, HASSAN DISTRICT -573201.

...RESPONDENTS

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

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE FIR IN HASSAN WOMEN POLICE STATION IN THE CRIME NO. 0018/2026 (ANNEXURE-F AND F1) PENDING BEFORE THE HONOURABLE COURT OF 7TH ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, HASSAN DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 352, 115(2), 351(2), 3(5) OF THE BHARATIYA NYAYA (BNS)2023.

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

ORAL ORDER

In Crl.P.No.5437/2026, the petitioner is before this Court

seeking the following prayers:

"WHEREFORE, it is prayed that this Hon'ble Court be pleased to quash the F.I.R No 151/2025 registered by the Paper Town P.C. as against the Petitioner/Accused for offence punishable under Section 5 of The Karnataka Protection of Right to Freedom of Religion Act, 2022, on the file of Prl. Civil Judge (Jr. Dn) & JMFC, Bhadravathi, Shimoga district, which is given herein at ANNEXURE-'A' in the interest of justice."

2. In Crl.P.No.4038/2026, the petitioners are before

this Court seeking the following prayers:

"a) Quash the FIR in Hassan Women Police Station in the Crime No.0018/2026 (ANNEXURE-F and F1) pending before the Honourable Court of 7^th Addl. Civil Judge (Jr. DN) & JMFC Court, Hassan District for the offences punishable under section 85, 352, 115(2), 351(2), 3(5) of The Bharatiya Nyaya Sanhitha (BNS) 2023, in interest of justice.

b) Pass such other orders as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, to secure the ends of justice and prevent the abuse of the process of law."

In Crl.P.No.5437/2026, heard Smt.Lavanya S,

learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1,

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Sri.Suryanath S Bhat, learned counsel appearing for respondent No.2. In Crl.P.No.4038/2026, heard Sri.Suryanath S Bhat, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Smt.Lavanya S, learned counsel appearing for respondent No.2 and have perused the material on record.

During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Joint Memorandum of Settlement. The said Joint Memorandum of Settlement reads as follows:

“1) The matrimonial relationship between Petitioner No.1 (Sri. Vinay B) and Respondent No. 2 (Smt. Priyatha R) was solemnized on May 1, 2011, at Banashankari Kalyana Mantapa, Halebeedu, Beluru Taluk, Hassan District, in accordance with Hindu customs and traditions. Two children were born out of the wedlock, namely Kum. Yoghna V. and Kum. Manoghna V. Due to deep-seated matrimonial discord and irreconcilable ideological differences, the parties have been living separately since July 11, 2025.

2) The domestic disputes led to multiple crossproceedings between the parties and their respective family members, which are briefly listed as under:

A. Crime No. 0151/2025: Registered by Paper Town Police Station, Bhadravathi, against Smt. Priyatha R for the offence punishable under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022, currently pending before before Prl. Civil Judge (Jr.Dn) &

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JMFC Court, Bhadravathi shimoga District (subject matter of challenge in Crl.P. No. 5437/2026).

B. Crime No. 0018/2026: Registered by Hassan Women Police Station against Sri. Vinay B and Smt. Vanaja for offences punishable under Sections 85, 352, 115(2), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, currently pending before the Court of the VII Addl. Civil Judge (Jr. Dn.) & JMFC Court, Hassan District (subject matter of challenge in Crl.P. No. 4038/2026).

C. M.C. No. 85/2025: Filed by Sri. Vinay B under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage, pending before the Court of the Principal Senior Civil Judge at Bhadravathi.

D. Crl.MISC No. 45/2026 filed by Priyatha R against the Vinay B before the PRL. Judge Family Court Hassan district.

E. MC No. 34/2026 under section 13(b) of the hindu marriage act, 1955 seeking mutual divorce. where in both the parties have agreed for mutual divorce

With Respect the this petitions the This Hon'ble Court granted stay for the second petitioner in Crl.P: 4038/2026 on 27/04/2026 and in Crl.P 5437/2026 Hon'ble court has allowed to club the matter for mutual settlement with the matter stated above, as the parties are ready for amicably settle the matter. 4) During the pendency of the aforementioned litigations, the matrimonial dispute in M.C.No.34/2026 was referred to the Court Mediation Centre at Bhadravathi. In the course of the mediation proceedings, the parties voluntarily, on their own free will and volition, reached an absolute, comprehensive, and amicable settlement to dissolve their marriage and permanently dissolve all connected civil and criminal disputes.

Both Sri. Vinay B and Smt. Priyatha R have mutually consented to dissolve their marriage. They agree to abide by the mediation report Smt. Priyatha R explicitly states and declares that she has not requested, nor does she require, any cash, permanent alimony, or

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maintenance from her husband, Sri. Vinay B. Smt. Priyatha R has categorically admitted and accepted that there are no dues outstanding from the husband, and she has no claims of whatsoever nature to recover from him. She voluntarily and unconditionally waives all past, present, and future rights to maintenance against Sri. Vinay B.

That Both the minor daughters, Kum. Yoghna V. and Kum. Manoghna V., shall reside with and remain under the permanent care, custody, and guardianship of their father, Sri. Vinay B. Smt. Priyatha R has voluntarily relinquished custody rights in the absolute interest, welfare, and secure upbringing of the children and she have retained the right to visit her children during holidays and vacations.

That Both parties acknowledge and confirm that all items, including personal belongings, clothes, and gold ornaments, have been returned to their respective owners. Neither party has any outstanding claims regarding stridhan or monetary obligations.

In consideration of this total settlement, Smt. Priyatha R (Respondent No. 2 in Crl.P. 4038/2026) has no objection to the quashing of the criminal proceedings initiated by her in Crime No. 0018/2026 . Similarly, Sri. Vinay B (Respondent No. 2 in Crl.P. 5437/2026) has no objection to the quashing of the criminal case initiated against her in Crime No. 0151/2025.

Both parties solemnly undertake that they, along with their family members, will not initiate any further civil, criminal, or matrimonial proceedings against each other regarding their past marital bond. They declare that this settlement is entered into without any force, fraud, coercion, misrepresentation, or undue influence.

PRAYER

WHEREFORE , the parties respectfully pray that this Hon'ble Court be pleased to take this Joint Memorandum of Settlement on record, in the interest of justice and equity, and consequently:

ALLOW Criminal Petition No. 4038/2026 and quash the FIR and all consequential proceedings in Crime No.

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0018/2026, pending before the Court of the VII Addl. Civil Judge (Jr. Dn.) & JMFC Court, Hassan District, for offences punishable under Sections 85, 352, 115(2), 351(2), and 3(5) of the BNS, 2023, insofar as the Petitioners are concerned.

ALLOW Criminal Petition No. 5437/2026 and quash the FIR and all consequential proceedings in Crime No. 0151/2025, Pending before Prl. Civil Judge (Jr.Dn) & JMFC Court, Bhadravathi shimoga District for the offence punishable under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022, insofar as the Petitioner therein is concerned.”

The parties to the lis are present before the Court

and are identified by their respective counsels.

In the light of Joint Memorandum of Settlement

being filed by the parties to the lis and offences not being against the State, I deem it appropriate to accept the said Joint Memorandum of Settlement and terminate the proceedings against the petitioner(s) in the subject petitions.

For the aforesaid reasons, the following:

ORDER

[I] Criminal Petitions are disposed .

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[II] In Crl.P.No.5437/2026, proceedings in FIR No.151/2025 pending before the Prl. Civil Judge, (Jr. Dn) & JMFC Bhadravathi, Shimoga District, stands quashed qua the petitioner.

[III] In Crl.P.No.4038/2026, proceedings in Crime No.0018/2026 pending before the 7^th Addl. Civil Judge (Jr. Dn) and JMFC Court, Hassan District, stands quashed qua the petitioners.

Sd/(M.NAGAPRASANNA) JUDGE

CBC

List No.: 2 Sl No.: 69

Procedural history

How this case reached the court

AI extract

Order under challenge
Two FIRs under challenge: (i) FIR No.151/2025 registered by Paper Town Police Station against the petitioner Smt. Priyatha R for offence punishable under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022, on the file of the Prl. Civil Judge (Jr.Dn) & JMFC, Bhadravathi, Shimoga District; and (ii) Crime No.0018/2026 registered by Hassan Women Police Station against Sri. Vinay B and Smt. Vanaja for offences punishable under Sections 85, 352, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the 7th Addl. Civil Judge (Jr.Dn) & JMFC Court, Hassan District.¶28
Prl. Civil Judge (Jr.Dn) & JMFC, Bhadravathi, Shimoga District; 7th Addl. Civil Judge (Jr.Dn) & JMFC Court, Hassan District
Prior proceeding
Marriage of Sri. Vinay B and Smt. Priyatha R solemnized on May 1, 2011 at Banashankari Kalyana Mantapa, Halebeedu, Beluru Taluk, Hassan District; two children born (Kum. Yoghna V. and Kum. Manoghna V.); parties living separately since July 11, 2025 due to matrimonial discord.¶63
Prior proceeding
Crime No. 0151/2025 registered by Paper Town Police Station, Bhadravathi, against Smt. Priyatha R for offence punishable under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022; pending before Prl. Civil Judge (Jr.Dn) & JMFC Court, Bhadravathi, Shimoga District; subject matter of challenge in Crl.P. No. 5437/2026.¶65
Prior proceeding
Crime No. 0018/2026 registered by Hassan Women Police Station against Sri. Vinay B and Smt. Vanaja for offences punishable under Sections 85, 352, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023; pending before the VII Addl. Civil Judge (Jr. Dn.) & JMFC Court, Hassan District; subject matter of challenge in Crl.P. No. 4038/2026.¶70
Prior proceeding
M.C. No. 85/2025 filed by Sri. Vinay B under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 seeking dissolution of marriage; pending before the Principal Senior Civil Judge at Bhadravathi.¶71
Prior proceeding
Crl.MISC No. 45/2026 filed by Priyatha R against Vinay B before the Prl. Judge, Family Court, Hassan district.¶72
Prior proceeding
MC No. 34/2026 under Section 13(b) of the Hindu Marriage Act, 1955 seeking mutual divorce, with both parties having agreed for mutual divorce.¶73
Prior proceeding
Matrimonial dispute in M.C.No.34/2026 referred to the Court Mediation Centre at Bhadravathi; parties voluntarily reached an absolute, comprehensive and amicable settlement to dissolve their marriage and permanently dissolve all connected civil and criminal disputes.¶74
Prior proceeding
Stay granted for the second petitioner in Crl.P No. 4038/2026 on 27/04/2026; in Crl.P 5437/2026 the Court permitted clubbing of the matter for mutual settlement.¶74
Prior proceeding
During the pendency of the proceedings, the parties settled the dispute among themselves and filed a Joint Memorandum of Settlement recording the full settlement terms.¶62
Prior proceeding
Settlement term: Smt. Priyatha R declared she has not requested nor requires any cash, permanent alimony or maintenance, admitted no dues outstanding, and voluntarily and unconditionally waived all past, present and future rights to maintenance against Sri. Vinay B.¶79
Prior proceeding
Settlement term: both minor daughters, Kum. Yoghna V. and Kum. Manoghna V., to reside under the permanent care, custody and guardianship of their father Sri. Vinay B; Smt. Priyatha R relinquished custody rights but retained the right to visit the children during holidays and vacations.¶80
Prior proceeding
Settlement term: mutual no-objection to quashing - Smt. Priyatha R had no objection to quashing of proceedings in Crime No. 0018/2026 initiated by her; Sri. Vinay B had no objection to quashing of the case in Crime No. 0151/2025; both parties undertook not to initiate further civil, criminal or matrimonial proceedings regarding the past marital bond.¶82