Allowed¶92

Sri Sunil Kumar v. State of Karnataka

Karnataka HC20 Jul 2026CRL.P/8704/2018

Case brief

AI extract

What is this about?

Quashing of S.498A r/w S.34 IPC proceedings (C.C.No.54423/2017, X ACMM Bangalore; Crime No.493/2016, Ramamurthy Nagar PS) on account of matrimonial settlement and compounding; inherent jurisdiction S.482 Cr.P.C.; compounding S.320 Cr.P.C.; parties: Sunil Kumar and K M Kalappa v. State of Karnataka and Sandhya; settlement recorded in MFA No.8368/2019 c/w MFA No.8230/2019, judgment dated 25.06.2026; Rs.60,00,000/- permanent alimony; Bengaluru Mediation Centre; decided 20-07-2026 by Ravi V Hosmani J.; NC: 2026:KHC:37094; CNR: KAHC010209382018.

What did the court decide?

Both criminal petitions (CRL.P No.8691/2018 and CRL.P No.8704/2018) allowed; the complaint, FIR and entire proceedings in C.C.No.54423/2017 for offences punishable under Section 498A r/w Section 34 IPC, pending before the X Additional Chief Metropolitan Magistrate, Bangalore, quashed.

Sri Sunil Kumar Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶92

Issue for consideration

Whether the complaint, FIR and entire proceedings in C.C.No.54423/2017 for offences punishable under Section 498A r/w Section 34 IPC, pending before the 10th/X Additional Chief Metropolitan Magistrate, Bangalore, should be quashed in view of the settlement between the parties and the application for compounding of offences.

¶26

Court's answer

The dispute arose out of marital discord and matrimonial issues; the allegations are purely inter parte and do not have any societal impact.

¶90

Ratio / Principle

Taking note of the judgment passed in the matrimonial proceedings, the settlement recorded therein and the application for compounding of offences filed in these petitions, continuation of the proceedings against the accused would be futile if not an abuse of the process.

¶91

Key takeaways

Accused no.1 and the complainant, present in Court, affirmed that they understood the terms of the settlement and accepted it out of their free will and volition, without any threat, coercion or undue influence.ratio¶60
Both criminal petitions are allowed and the proceedings in CC no.54423/2017 on the file of the X Additional Chief Metropolitan Magistrate, Bangalore, for offences punishable under Section 498(A) read with Section 34 IPC, stand quashed.ratio¶92

Detailed headnote1 paragraphs

High Court of Karnataka (Ravi V Hosmani J., 20-07-2026) allowed CRL.P No.8691/2018 (by K M Kalappa, accused no.2) and CRL.P No.8704/2018 (by Sunil Kumar, accused no.1), filed under S.482 Cr.P.C., seeking quashing of proceedings in C.C.No.54423/2017 before the X Additional Chief Metropolitan Magistrate, Bangalore, for offences punishable under Section 498A r/w Section 34 IPC, arising out of Crime No.493/2016 of Ramamurthy Nagar Police Station on the complaint of respondent no.2 (the wife). During pendency, the matrimonial disputes were settled through the Bengaluru Mediation Centre in MFA No.8368/2019 c/w MFA No.8230/2019 (judgment dated 25.06.2026); Rs.60,00,000/- was paid as full and final permanent alimony, the marriage stood dissolved, and the complainant agreed not to pursue the criminal proceedings and to concede their quashing. A joint application under S.320 Cr.P.C. r/w S.482 Cr.P.C. for compounding was filed, and the parties affirmed the settlement in Court out of their free will. Holding that the allegations were purely inter parte with no societal impact, the Court found continuation of the proceedings futile if not abusive of the process and quashed the proceedings in C.C.No.54423/2017.

¶1

¶2

HC-KAR

¶3

NC: 2026:KHC:37094 CRL.P No. 8691 of 2018 C/W CRL.P No. 8704 of 2018

¶4

CNR: KAHC010209382018

¶5

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶6

DATED THIS THE 20^TH DAY OF JULY, 2026 BEFORE

¶7

THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO.8691 OF 2018

¶8

C/W

¶9

CRIMINAL PETITION NO.8704 OF 2018

¶10

IN CRL.P No.8691/2018

¶11

BETWEEN:

¶12

SRI K M KALAPPA S/O K S MUNIHANUMAIAH AGED ABOUT 62 YEARS R/AT C/O SRIPATHI, PETE KRIHSNAPPA LAYOUT, DODDAMMA TEMPLE, K CHANNASANDRA VILLAGE, KALKERE, K R PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 043.

¶13

…PETITIONER

¶14

Digitally signed by ANUSHA V Location: High Court of Karnataka

¶15

(BY SRI MADHU R., ADVOCATE)

¶16

AND:

¶17

STATE OF KARNATAKA REP BY SUB INSPECTOR OF POLICE, RAMAMURTHY NAGAR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001.

¶18

SMT. SANDHYA W/O SUNILKUMAR AGED ABOUT 29 YEARS R/O CHIKKAGOWDARA SRI K S MUNIHANUMAIAH

¶19

¶20

HC-KAR

¶21

NC: 2026:KHC:37094 CRL.P No. 8691 of 2018 C/W CRL.P No. 8704 of 2018

¶22

CNR: KAHC010209382018

¶23

COMPOUND, KALKERE, HORAMAVU, K R PURAM HOBLI BENGALURU - 560 043.

¶24

…RESPONDENTS

¶25

(BY SMT. SOWMYA R., HCGP FOR R1; SRI M.R. NANJUNDA GOWDA, ADVOCATE FOR R2)

¶26

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT, FIRST INFORMATION REPORT AND ENTIRE PROCEEDINGS IN C.C.NO.54423/2017 OFFENCES PUNISHABLE UNDER SECTION 498A R/W SECTION 34 OF IPC, WHICH IS PENDING BEFORE THE 10th ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BANGALORE.

¶27

IN CRL.P NO. 8704/2018

¶28

BETWEEN:

¶29

SRI SUNIL KUMAR S/O K M KALAPPA AGED ABOUT 32 YEARS R/AT C/O SRIPATHI PETE KRISHNAPPA LAYOUT DODDAMMA TEMPLE K. CHANNASANDRA KALKERE, K R PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 043.

¶30

...PETITIONER

¶31

(BY SRI MADHU R., ADVOCATE)

¶32

AND:

¶33

STATE OF KARNATAKA SUB-INSPECTOR OF POLICE RAMAMURTHY NAGAR POLICE STATION

¶34

¶35

HC-KAR

¶36

NC: 2026:KHC:37094 CRL.P No. 8691 of 2018 C/W CRL.P No. 8704 of 2018

¶37

CNR: KAHC010209382018

¶38

REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

¶39

SMT. SANDHYA W/O SUNIL KUMAR AGED ABOUT 29 YEARS R/O CHIKKAGOWDARA SRI K S MUNIHANUMAIAH COMPOUND, KALKERE, HORAMAVU, K R PURAM HOBLI BENGALURU - 560 043.

¶40

...RESPONDENTS

¶41

(BY SMT. SOWMYA R., HCGP FOR R1; SRI M.R. NANJUNDA GOWDA, ADVOCATE FOR R2)

¶42

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 04.08.2018 FIR NO.493/2016 AND ENTIRE PROCEEDINGS IN C.C.NO.54423/2017 OFFENCE P/U/S 498A R/W 34 OF IPC WHICH IS PENDING BEFORE THE X A.C.M.M., BANGALORE.

¶43

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

¶44

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

¶45

ORAL ORDER

¶46

Challenging proceedings in CC no.54423/2017 on file of X Additional Chief Metropolitan Magistrate, Bangalore for offences punishable under Section 498 (A) read with Section 34 of Indian Penal Code, 1860 ( IPC ), these petitions are filed.

¶47

¶48

HC-KAR

¶49

NC: 2026:KHC:37094 CRL.P No. 8691 of 2018 C/W CRL.P No. 8704 of 2018

¶50

CNR: KAHC010209382018

¶51

Sri Madhu R., learned counsel for petitioners

¶52

submitted that Crl.P. no.8704/2018 was by accused no.1 while Crl.P. no.8691/2018 was by accused no.2 in complaint filed by respondent no.2 (complainant) alleging that marriage of complainant and accused no.1 was solemnized on 31.10.2011 at Bangalore. From wedlock, a child was born to them on 30.08.2012. Due to later matrimonial discord, complainant filed MC no.3720/2014 before Principal Judge, Family Court, Bangalore and also filed OS no.328/2015 before City Civil Court at Bangalore in order to exert pressure on accused and with intention to illegally wrest possession of residence. She further, alleged that at midnight accused used to create ferocious noise to scare her, disconnected water supply and abused her in foul language and wrongfully confined etc., sought appropriate action. Based on complaint, FIR in Crime no.493/2016 was registered and after investigation charge sheet was filed in CC no.54423/2017. Challenging said proceedings, these petitions were filed.

¶53

But during pendency of above matters, parties had entered into settlement in MFA no.8368/2019 connected with

¶54

¶55

HC-KAR

¶56

NC: 2026:KHC:37094 CRL.P No. 8691 of 2018 C/W CRL.P No. 8704 of 2018

¶57

CNR: KAHC010209382018

¶58

MFA no.8230/2019. As per which, complainant had agreed not to pursue above proceedings against accused and to concede for their quashing. A copy of judgement passed in MFA no.8368/2019 connected with MFA no.8230/2019 dated 25.06.2026 along with settlement agreement signed by parties are produced.

¶59

Accused no.1 and complainant are present in Court and identified by their respective counsel.

¶60

On interaction, stated that they have been explained terms and conditions of settlement and after understanding same, they have affirmed same out of their free will and volition without there being any threat, coercion or undue influence from anybody.

¶61

Smt.Sowmya R., learned HCGP for respondent no.1 - State would fairly submits that allegations in complaint are

¶62

purely inter parte and in view of settlement, continuation of proceedings may be futile and sought for passing appropriate orders.

¶63

¶64

HC-KAR

¶65

NC: 2026:KHC:37094 CRL.P No. 8691 of 2018 C/W CRL.P No. 8704 of 2018

¶66

CNR: KAHC010209382018

¶67

Sri M.R. Nanjunda Gowda, learned counsel for respondent no.2 (complainant) would support submission.

¶68

An application is also filed for compounding of

¶69

offences which read as follows:

¶70

"APPLICATION UNDER SECTION 320 OF THE CODE OF CRIMINAL PROCEEDURE, 1973 READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE.

¶71

1. We submit that the above Criminal Petitions are pending before this Hon'ble Court seeking quashing of the criminal proceedings initiated against the petitioners in C.C. No.54423/2017 arising out of Crime No.493/2016 of Ramamurthy Nagar Police Station.

¶72

2. The petitioner in Criminal Petition No.8704/2018 has filed divorce petition against the respondent No.2 before the Hon'ble principal family court at Bengaluru in M.C.No.5163/2016 and for same was decreed and the respondent No.2 has filed the petition conjugal rights of in restitution M.C.No.3720/2014 and same was dismissed. Against which the respondent No.2 has preferred two appeals before the Hon'ble High court of Karnataka at Bengaluru in MFA No.8368/2019 and MFA No.8230/2019.

¶73

3. We submit that during the pendency of MFA No.8368/2019 and MFA No.8230/2019 before this Hon'ble Court, the parties were referred to the Bengaluru Mediation Centre, where the disputes were amicably settled by executing a Mediation Settlement Agreement.

¶74

4. In terms of the settlement, the entire matrimonial dispute has been resolved once for all. The Petitioner in Criminal Petition No.8704/2018 has paid a sum of Rs.60,00,000/- (Rupees Sixty Lakhs only) towards full and final permanent alimony to Respondent No.2, who has acknowledged receipt of the same.

¶75

5. Pursuant to the settlement, the marriage between the parties has already been dissolved and all disputes,

¶76

¶77

HC-KAR

¶78

NC: 2026:KHC:37094 CRL.P No. 8691 of 2018 C/W CRL.P No. 8704 of 2018

¶79

CNR: KAHC010209382018

¶80

claims and counter-claims have been settled finally. Respondent No.2 has no surviving grievance whatsoever against the petitioners and has voluntarily agreed to withdraw all allegations and has no objection for quashing the criminal proceedings pending against the petitioners.

¶81

6. The present compromise has been entered into voluntarily, out of free will, without any force, coercion, undue influence or misrepresentation from any quarter.

¶82

7. We respectfully submit that in view of the complete settlement between the parties, continuance of the criminal proceedings would serve no useful purpose and would only amount to abuse of the process of law and In exercise of its inherent jurisdiction under Section 482 Cr.P.C., is empowered to quash the proceedings to secure the ends of justice in view of the amicable settlement arrived at between the parties.

¶83

8. We therefore jointly pray that this Hon'ble Court may be pleased to record the compromise arrived at between the parties and be pleased to quash all further proceedings in C.C. No.54423/2017 and all consequential proceedings pending against the petitioners, in the interest of justice and equity."

¶84

Heard learned counsel and perused application.

¶85

These petitions are by accused no.1 and 2 challenging proceedings in CC no.54423/2017 registered on complaint filed by respondent no.2 (complainant).

¶86

Perusal of complaint and charge sheet would indicate that dispute arose out of marital discord and matrimonial issues. As per judgment dated 25.06.2026 passed

¶87

8 - NC: 2026:KHC:37094 CRL.P No. 8691 of 2018 C/W CRL.P No. 8704 of 2018

¶88

HC-KAR

¶89

CNR: KAHC010209382018

¶90

in MFA no.8368/2019 and MFA no.8230/2019, matrimonial dispute between parties is recorded as settled. One of terms of settlement therein is for giving up criminal proceedings. It is seen that allegations are purely inter parte and do not have any societal impact.

¶91

Taking note of above, judgment passed in matrimonial proceedings, settlement recorded therein and application for compounding offences filed herein, continuation of proceedings against accused would be futile if not abuse of proceedings.

¶92

Hence, petitions are allowed , proceedings in CC no.54423/2017 on file of X Additional Chief Metropolitan Magistrate, Bangalore for offences punishable under Section 498 (A) read with Section 34 of IPC stands quashed .

¶93

Sd/(RAVI V HOSMANI) JUDGE

¶94

GRD List No.: 1 Sl No.: 10

Procedural history

How this case reached the court

AI extract

Order under challenge
Criminal proceedings in C.C.No.54423/2017 (arising out of Crime/FIR No.493/2016, Ramamurthy Nagar Police Station) for offences punishable under Section 498A read with Section 34 IPC, pending before the X Additional Chief Metropolitan Magistrate, Bangalore; challenged by way of these petitions under S.482 Cr.P.C.¶46
X Additional Chief Metropolitan Magistrate, Bangalore
Prior proceeding
On the complaint of respondent no.2 alleging matrimonial cruelty (marriage solemnized 31.10.2011; child born 30.08.2012), FIR registered in Crime no.493/2016; after investigation, charge sheet filed in CC no.54423/2017.¶52
Prior proceeding
During the matrimonial discord, the complainant filed MC no.3720/2014 before the Principal Judge, Family Court, Bangalore and also OS no.328/2015 before the City Civil Court, Bangalore.¶52
Prior proceeding
The petitioner in Crl.P No.8704/2018 filed a divorce petition against respondent no.2 before the Principal Family Court, Bengaluru in M.C.No.5163/2016, which was decreed.¶72
Prior proceeding
Respondent no.2's petition for restitution of conjugal rights, M.C.No.3720/2014, was dismissed.¶72
Prior proceeding
Respondent no.2 preferred two appeals before the High Court of Karnataka at Bengaluru: MFA No.8368/2019 and MFA No.8230/2019.¶72
Prior proceeding
During pendency of the appeals, the parties were referred to the Bengaluru Mediation Centre and amicably settled the disputes by executing a Mediation Settlement Agreement.¶73
Prior proceeding
Judgment dated 25.06.2026 passed in MFA no.8368/2019 connected with MFA no.8230/2019 records the matrimonial dispute as settled; one term of settlement was giving up the criminal proceedings, and the complainant agreed not to pursue them and to concede quashing.¶90
Prior proceeding
In terms of the settlement, the petitioner in Crl.P No.8704/2018 paid Rs.60,00,000/- towards full and final permanent alimony to respondent no.2, who acknowledged receipt.¶74
Prior proceeding
Pursuant to the settlement, the marriage between the parties has already been dissolved and all claims and counter-claims stand finally settled.¶75

Sri Sunil Kumar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Sunil Kumar v. State of Karnataka

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

Coram

Case details

Similar cases

M Devarajaiah Vs State of Karnataka

Sri Supreeth S Vs State of Karnataka

Adrian Joseph D'Souza Vs the State

Sri Manjunath R Vs the Deputy Commissioner

Jadeesha Vs the State by

Sri Beguraiah @ Ramesha Vs State of Karnataka