Sri Ajay R Vs State of Karnataka

SRI AJAY R, S/O RAMU A, AGED ABOUT 39 YEARS, R/AT NO. 51, OPP. THYAGARAJA CO- OPERATIVE BANK, VIVEKANANDA NAGAR, BANASHANKARI 3RD STAGE, BENGALURU 560 085.

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Digitally signed by PADMAVATHI B K

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Location: High Court of Karnataka

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SRI RAMU A, AGED ABOUT 39 YEARS, R/AT NO. 51, OPP. THYAGARAJA CO- OPERATIVE BANK, VIVEKANANDA NAGAR, BANASHANKARI 3RD STAGE, BENGALURU 560 085.

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SMT. JAYAMMA, W/O RAMU A, AGED ABOUT 39 YEARS, R/AT NO. 51, OPP. THYAGARAJA CO- OPERATIVE BANK, VIVEKANANDA NAGAR, BANASHANKARI 3RD STAGE, BENGALURU 560 085.

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…PETITIONERS

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(BY SRI N GOWTHAM RAGHUNATH, ADVOCATE)

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HC-KAR

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NC: 2026:KHC:36917 WP No. 36540 of 2024

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CNR: KAHC010757022024

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AND:

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STATE OF KARNATAKA, BY KUMBALAGODU POLICE STATION, BENGALURU RURAL, BENGALURU. REP. BY THE PUBLIC PROSECUTOR.

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SMT. SWAPNA, W/O AJAY R, AGED ABOUT 31 YEARS, R/AT NO RAMOHALLI VILLAGE, KENGIRI HOBLI, BENGALURU -560060.

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…RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP FOR R-1)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE CHARGESHEET AND PROCEEDINGS IN C.C.NO.16447/2021 PENDING ADJUDICATION BEFORE THE 2ND ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 354A R/W 34 OF IPC AND UNDER SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, AGAINST THE PETITIONERS (ANNEXURE-A AND B).

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

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HC-KAR

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NC: 2026:KHC:36917 WP No. 36540 of 2024

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CNR: KAHC010757022024

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Petitioners – accused Nos.1 to 3 are before this Court calling in question proceedings in C.C.No.16447/2021, pending before the 2^nd Additional Chief Judicial Magistrate, Bengaluru, for offences punishable under Sections 498A, 354A r/w. 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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Learned counsel for the petitioners – accused and respondent No.2 – complainant in unison would submit that the parties to the lis have settled their matrimonial dispute amicably by drawing up certain terms and conditions before the concerned family Court in M.C.No.3984/2021 and have parted their ways. They are before this Court seeking permission to compound the offences and have appended a certified copy of the memorandum of settlement under Section 89 of the CPC r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.

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HC-KAR

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NC: 2026:KHC:36917 WP No. 36540 of 2024

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CNR: KAHC010757022024

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The memorandum of settlement reads as follows:

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“I. The Petitioner has filed this petition against the Respondent under Section 13 (1) (i-a) of the Hindu Marriage Act 1955 for dissolution of his marriage with the respondent.

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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 parties have resolved their dispute and have agreed to the following terms and conditions:

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The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 27.06.2019 at SLN Kalyana Mantapa, Ramohalli, as per Hindu rites and customs.

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The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from 2020. The efforts made by the elder friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between them. 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 the 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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The petitioner has agreed to pay a sum Rs.3,00,000/(Rupees Three Lakhs Only) to the respondent towards all her claims of maintenance /permanent alimony as full and final settlement, by way of Demand Draft bearing No. 000031 dated 11.12.2023 drawn on Central Bank of India, Jayanagar, Bengaluru and the same will be handed. over to the respondent before the Hon'ble Family Court at the time of reporting settlement for which the respondent has agreed.

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HC-KAR

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NC: 2026:KHC:36917 WP No. 36540 of 2024

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CNR: KAHC010757022024

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In view of this settlement the respondent has agreed to co-operate in closing / quashing the proceedings in C.C. No. 16447/2021 pending before ACJM-II, Bengaluru filed against the petitioner, for the offence punishable under Section 498-A, 354 R/W 34 of IPC and Section 3 & 4 of D.P. Act.

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The respondent has agreed to withdraw M.C. No. 530/2021 pending before V Addl. Pri. Judge, Family Court, Bengaluru and Cri. Misc. No. 104/2021 pending before ACJM-II, Bengaluru filed under Section 12 D.V. Act.

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The respondent has agreed to withdraw PCR No. 439/2021 filed under Section 499, 500 of IPC against the petitioner pending before ACJM-II, Bengaluru.

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The parties herein state that they have no claims over movable or immovable properties belonging to each other either existing or to be acquired or inherited at a later stage.

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The parties state that they have already exchanged their articles such as gold, silver and other valuables and as such there are no dues in this regard.

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The parties admit and agree that they have no further claims of whatsoever manner against each other either in past, present or future.

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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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Both parties agree to withdraw all the allegations made against each other in all other proceedings.

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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

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HC-KAR

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NC: 2026:KHC:36917 WP No. 36540 of 2024

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CNR: KAHC010757022024

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27.06.2019 at SLN Kalyana Mantapa, Ramohalli, by granting a decree of divorce in terms of this agreement.

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IV. Parties will appear on 20.12.2023 before the Hon'ble Court for passing of orders in terms of the agreement.”

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Though the offence alleged against the petitioners in the case at hand inter alia is one punishable under Section 498A of the IPC, since it is a matrimonial dispute and the parties have arrived at settlement, and the allegations are not against the State, I deem it appropriate to accept the certified copy of the memorandum of settlement of the parties and terminate the proceedings against the petitioners.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The writ petition is disposed.

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(ii) The proceedings in C.C.No.16447/2021, pending before the 2^nd Additional Chief Judicial Magistrate, Bengaluru Rural, qua the petitioners, stand quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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NVJ List No.: 2 Sl No.: 53

Sri Ajay R v. State of Karnataka

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Sri Ajay R v. State of Karnataka

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