Sri. S Kushal Raj Vs Smt Shwetharani S B

SRI. S KUSHAL RAJ AGED ABOUT 40 YEARS S/O SRI. SHANTARAJ, R/A NO.384, GROUND FLOOR, 8TH MAIN, II STAGE, A BLOCK, MALLESHWARAM WEST, BENGALURU - 560 055

¶10

Digitally signed by NAGAVENI Location: High Court of Karnataka

¶11

SMT. MANJULA (ACTUALLY, KNOWN AS SMT. M.S. RAJARAJESHWARI) AGED ABOUT 62 YEARS W/OF SRI. SHANTARAJ, R/AT NO.384, GROUND FLOOR, 8TH MAIN, II STAGE, 'A' BLOCK, MALLESHWARAM WEST, BENGALURU - 560 055.

¶12

SRI. M.S. VIJAYASARATHY AGED ABOUT 55 YEARS, S/O LATE SRI. M.V. SIVANANJAPPA, R/A GIRIAMMA, NO. 405, GROUND FLOOR, 7TH MAIN, II STAGE, 'A' BLOCK, MALLESHWARAM WEST, BENGALURU - 560 055

¶13

SMT. M.S. SHANTHALA AGED ABOUT 53 YEARS, W/O. SRI. A. DEVABHANU,

¶14

2 -

¶15

NC: 2026:KHC:3625 WP No. 1538 of 2026

¶16

HC-KAR

¶17

R/A NO.316(16), ABHISTA NILAYA, 9TH MAIN, IL STAGE, 'A' BLOCK, MALLESHWARAM WEST, BENGALURU - 560 055.

¶18

…PETITIONERS

¶19

(BY SRI. SATYANARAYAN CHALKE., ADVOCATE)

¶20

AND:

¶21

SMT SHWETHARANI S B AGED ABOUT 38 YEARS, (W/O. MR. KUSHAL RAJ) DAUGHTER OF SRI. BETTEGOWDA, R/AT 'ANUGRAHA NILAYA', 2A CROSS, SIDDARUDA NAGARA, BHADRAVATHI, SHIVAMOGGA - 577 301.

¶22

…RESPONDENT

¶23

(BY SMT.ANURADHA S. K., ADVOCATE)

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUITON OF INDIA PRAYING TOA) QUASH THE ENTIRE PROCEEDINGS IN CRIMINAL MISCELLANEOUS NO. 175/2022 PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, AT BHADRAVATHI, SHIVAMOGGA REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, IN SO FAR AS THE PETITIONERS ARE CONCERNED ANNEXURE-B.

¶25

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

¶26

3 -

¶27

NC: 2026:KHC:3625 WP No. 1538 of 2026

¶28

HC-KAR

¶29

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

¶30

ORAL ORDER

¶31

The petitioners are before this Court calling in question the proceedings in Crl.Misc.No.175/2022 registered for the offence punishable under Sections 12 of the Protection of Women from Domestic Violence Act, 1961.

¶32

Heard Sri. Satyanarayan Chalke, learned counsel appearing for the petitioners and Smt. Anuradha S.K., learned counsel appearing for the respondent and have perused the material on record.

¶33

The parties to the lis were also before the Family

¶34

Court in M.C.No.1559/2022 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:

¶35

"COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE.

¶36

The Petitioner has filed the above petition seeking annulment of marriage with Respondent performed on 25.11.2020 as per Hindu customs at Sree

¶37

4 -

¶38

NC: 2026:KHC:3625 WP No. 1538 of 2026

¶39

HC-KAR

¶40

Thirumala Venkateshawara Swamy Temple, JP Nagar, Bengaluru as null and void and to pass appropriate orders those are necessary in the circumstances of the case under Section 12 (1) (c) of the Hindu Marriage Act. Upon notice, the Respondent appeared and filed her Statement of Objection.

¶41

Other than this petition, there are certain other cases initiated by the Respondent and her mother against the Petitioner and his family members and likewise the Petitioner has Initiated cases against the Respondent and her mother before various courts. The following are the details of such proceedings:

¶42

a. CC No.2257/2022 pending on the file of XXXII ACMM, Bengaluru, commenced based on the complaint given by the petitioner against the respondent and her mother Smt. Shanthamma.

¶43

b. Crime No.38/2022, pending investigation in Bhadravathi Rural Police Station, on the file of Add! Civil Judge (Jr Dvn) and JMFC II, Bhadravathi, Shimogga District, registered based on the complaint given by Respondent against the Petitioner and others.

¶44

c. Crime No. 179/2023, pending investigation in Bhadravathi Old Town Police Station, on the file of Addi Civil Judge (Jr Dvn) and JMFC II, Bhadravathi, Shimogga District, registered based on the complaint given by Smt. Shanthamma, the mother of the Respondent against the one Sri Gururaj, Petitioner and others.

¶45

d. Cri Misc No. 175/2022 pending on the file of II Additional Civil Judge and JMFC, Bhadravathi, seeking maintenance under DV Act, Initiated by Respondent against the petitioner and others.

¶46

5 -

¶47

NC: 2026:KHC:3625 WP No. 1538 of 2026

¶48

HC-KAR

¶49

e. Crl Misc No. 180/2024, pending on the file of II Addl Civil Judge and JMFC, Bhadravathi, seeking maintenance under DV Act, Initiated by Respondent against the petitioner and others.

¶50

It is submitted that the parties have been duly advised by their common friends and relatives to settle the matter amicably. Accordingly, the parties have agreed to settle all the lis between them. Accordingly, they have settled their differences and have filed this Compromise Petition.

¶51

The Respondent had honestly believed that her mother had Informed the Petitioner and his parents about her previous engagement with other person which broke and other litigation which she had filed prior to getting engaged and married with the Petitioner herein. It is submitted that post marriage between treated the petitioner and respondent, respondent as his wife, nor the respondent has treated the petitioner as her husband and the marriage is not consummated. As such, the respondent does not have any objection to annul the marriage between the petitioner and the respondent as prayed for in this petition.

¶52

The petitioner has voluntarily come forward to pay in all a sum of Rs.22,00,000/- (Rupees Twenty-Two Lakhs only) to the Respondent on account of the expenditure Incurred for the performance of the marriage from her side, which is paid this day by way of demand draft drawn in the name of the respondent bearing No.929534, dated 11/12/2025, drawn on DCB Bank Limited, Rajajinagar Branch, Bengaluru. It is specifically understood by the Respondent that she is not entitled to any alimony from the Petitioner and she has given up all her claims against the petitioner in this regard.

¶53

The parties would co-operate with each other in getting the other proceedings detailed above as withdrawn/quashed/compounded as the case may be as settled out of court within a month from this day.

¶54

6 -

¶55

NC: 2026:KHC:3625 WP No. 1538 of 2026

¶56

HC-KAR

¶57

Both the parties submit that other cases pending before the respective courts as detailed above and the complaints which are being Investigated, there are no other cases, complaints filed against each other and pending consideration before any courts or investigating agencies. The parties have agreed that upon closure of the aforesaid cases, the petitioner would be undertaking to return back all the belongings of the respondent kept in the house of the petitioner. Similarly, the respondent would undertake to return back all the belongings of the petitioner currently with the custody of the respondent. Both the parties further undertake that they would not Indulge any such on a later date.

¶58

The parties have entered into this compromise petition voluntarily by understanding the consequences and terms and conditions of this compromise petition without there being any kind of coercion or threat of any nature.

¶59

WHEREFORE, the parties most humbly prays that this Hon'ble Court may be pleased to allow the above petition by annulling the marriage between the parties under Section 12 (1) (c) of the Hindu Marriage Act in the interest of justice and equity.

¶60

Dated this the 15th day of December, year 2025, at Bengaluru."

¶61

Therefore, in light of the settlement arrived at

¶62

between the parties quoted supra, I deem it appropriate to

¶63

terminate the proceedings pending against these petitioners in the subject petition.

¶64

For the aforesaid reasons, the following:

¶65

7 -

¶66

NC: 2026:KHC:3625 WP No. 1538 of 2026

¶67

HC-KAR

¶68

ORDER

¶69

(i) Criminal Petition is disposed .

¶70

(ii) Proceedings in Crl.Misc.No.175/2022 pending on the file of the Principal Civil Judge and JMFC at Bhadravathi, Shivamogga stands quashed, qua the petitioners.

¶71

Sd/(M.NAGAPRASANNA)

¶72

JUDGE

¶73

JY List No.: 1 Sl No.: 78

Sri. S Kushal Raj v. Smt Shwetharani S B

Case brief

What is this about?

What did the court decide?

Sri. S Kushal Raj v. Smt Shwetharani S B

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/S Nitesh Housing Developers Pvt. Ltd. Vs M/S Yes Bank Ltd.

Sri H C Prakash Vs Sri M Boraiah

BJP4 Karnataka (Twitter Acc) Vs State of Karnataka

Chinnappaiayan Vs State by

Sathish Kumar M Vs State of Karnataka

Sri Nasir Vs State of Karnataka