Writ Petition No. 3101 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23147 WP No. 3101 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3101 OF 2025 (GM-RES) BETWEEN: 1. 2. 3. 4. SANTHOSH KUMAR S., S/O SHANMUGAM, AGED ABOUT 31 YEARS, R/AT NO. 220, 4TH CROSS, NEAR RAMA TEMPLE, KAMMAGONDANAHALLI, JALAHALLI WEST, BANGALORE – 560 015 SELVI P., W/O SHANMUGAM, AGED ABOUT 52 YEARS, R/AT NO. 220, 4TH CROSS, NEAR RAMA TEMPLE, KAMMAGONDANAHALLI, JALAHALLI WEST, BANGALORE – 560 015 SHANMUGAM M., S/O LATE MUTHUCHARI, AGED ABOUT 63 YEARS, R/AT NO. 220, 4TH CROSS, NEAR RAMA TEMPLE, KAMMAGONDANAHALLI, JALAHALLI WEST, BANGALORE – 560 015 VEERAMANI S., S/O SHANMUGAM, AGED ABOUT 35 YEARS, R/AT NO. 220, 4TH CROSS, NEAR RAMA TEMPLE, KAMMAGONDANAHALLI, JALAHALLI WEST, BANGALORE – 560 015
Legal Reasoning
Digitally signed by CHANDANA B M Location: High Court of Karnataka
Legal Reasoning
(BY SRI. ARAVIND M. NEGLUR, ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:23147 WP No. 3101 of 2025 HC-KAR AND: 1. 2. STATE OF KARNATAKA REPRESENTED HEREIN BY NORTH BANGALORE WOMAN POLICE STATION, 165-166, 165, DR. RAJGOPAL ROAD, CIL LAYOUT A BLOCK, JUDICIAL COLONY, RAJ MAHAL VILAS, 2ND STAGE, SANJAYNAGAR, BENGALURU - 560 094. SMT. INDUJA E., W/O SANTOSH KUMAR, AGED ABOUT 26 YEARS, R/AT NO. 220, 4TH CROSS, NEAR RAMA TEMPLE, JALAHALLI WEST, BANGALORE – 560 015 (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SMT. SEEMA L. C., ADVOCATE FOR R2) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 582 UNDER BHARATIYA NYAYA SURAKSHA SANHITA, 2024 PRAYING TO QUASH THE FIRST INFORMATION DATED 18.07.2024 REGISTERED BY RESPONDENT NO. 1 AND FILED IN CRIME NO.63/2024 IN THE COURT OF XXXII ADDL. CHIEF METROPOLITAN MAGISTRATE, NRUPTUNGA ROAD, BANGALORE CITY, WHICH IS AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “ a) Quash the First Information dated 18.07.2024 registered by Respondent No.1 and filed in Crime No.63/2024 in the Court of XXXII Additional Chief - 3 - NC: 2025:KHC:23147 WP No. 3101 of 2025 HC-KAR Metropolitan Magistrate, Nrupatunga Road, Bangalore City, which is at Annexure-B. b) Pass any other orders that this Court deems fit, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1 to 4 has filed a Memo along with Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, duly signed by the petitioner- accused No.1, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Memo along with Memorandum of Settlement, which reads as under:- “MEMO The petitioners submits as follows; 1. The petition was filed on 25/01/2025 challenging proceedings in Crime No.63/2024. This Hon'ble Court passed interim order on 05/02/2025. When the interim order was in force the respondent police filed charge sheet which - 4 - NC: 2025:KHC:23147 WP No. 3101 of 2025 HC-KAR came to be numbered C.C. No. 101/2025. A Certified Copy of is produced herewith. 2. It is submitted that the 2nd respondent filed Crl. Misc. No.980/2024 on file of the 6th Addl. Prl. Judge Family Court, Bengaluru seeking maintenance under section 144 BNSS against the husband of 2nd respondent herein. It was referred to Bengaluru Mediation Center. The parties namely husband and wife compromised. They are residing together. In view of this development the petitioners pray this Hon'ble Court quashing in crime no. 66/2024 as well of charge sheet in C.C. No.101/2025 pending on the 32nd ACJM, Bengaluru. 3. A Certified Copy of the Memorandum of the settlement under section 89 of CPC read with rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2025 is produce herewith. MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. 1. The aforesaid petition which was filed under Section 144 of BNSS 2023 for seeking maintenance was referred to mediation for resolving the dispute between the parties. In the course of mediation, after a thorough discussion among themselves and with a able assistance and advice of their respective Advocates, the parties have resolved their dispute and have agreed to the following terms and conditions: - 5 - NC: 2025:KHC:23147 WP No. 3101 of 2025 HC-KAR 1. The petitioner and the respondent are Hindus by religion and their marriage was solemnized on 10.03.2021 at Shri Gangadhraiah Kalyana Bhavana, Kereguddadahalli, Chikkabanavara, Bangalore-560090 as per Hindu rites and customs and the same was registered on 02.07.2021 in the office of the Marriage Officer, Peenya, Bengaluru vide Marriage Certificate Number: PNY-HM59-2021-22 and stored in CD Number: PNYM14. After the marriage they started living as husband and wife at Bengaluru. 2. Both the parties state that out of the wedlock they have no children. On account of difference of opinion and incompatibility they were living separately. 3. The petitioner states that she had filed a complaint with North Women Police Station against the respondent for FAMILY offences punishable u/s 498A, 323, 504, 506 r/w section 34 of IPC and Sections 3 & 4 of the DP Act in Crime No. 63/2024. The respondent along with others had filed in W.P.No.3101/2025 which is pending consideration. The complaint has culminated in the police filing a charge sheet in C.C.No.101/2025 pending before the 32nd ACJM., Bengaluru and slated for hearing on 21.04.2025. 4. In the course of mediation, the parties taking into consideration the welfare and interest of each other, which is paramount have reconciled their differences and have decided to reunite and lead a happy married life. In this regard they decided to live together from 21.03.2025 and have come before the Mediation Centre today to report that - 6 - NC: 2025:KHC:23147 WP No. 3101 of 2025 HC-KAR they are comfortable to live together and as such reunion can be recorded. Accordingly the parties have agreed for reunion and to lead a happy matrimonial life 5. Both the parties states that they will be faithful to each other, have trust and confidence on each other and further developing a good understandings, undertake to lead a happy married undisturbed und free life. Both the parties undertake to discharge their duties and obligations cast upon them effectively as dutiful wife and husband. 6. Both the parties undertake that both of them will co- operate with each other and extend the maximum care. 7. Both the parties hereby agree and undertake that they shall reciprocate all the good gestures by being kind and tolerant to each other. 8. The parties have agreed that they shall live with love and harmony in future. 9. In view of the settlement, the petitioner has agreed to withdraw the complaint filed by her in C.C.No.101/2025 and seek for closure of the case before the Hon'ble Court. However if the same is not accepted she will co-operate for closure of the same before the Hon'ble High Court in W.P.No.3101/2025 by reporting settlement. 10. Both the parties agree to withdraw the allegations made against each other expressly or verbally in the past. - 7 - NC: 2025:KHC:23147 WP No. 3101 of 2025 HC-KAR 11. Both the parties state that in the event of any untoward incident in future, the parties are at liberty to proceed against the other in accordance with law. II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dispose of the petition as settled in the interest of justice and equity. III. Parties will appear on 11.04.2025 before the Court for passing orders in terms of the agreement of REUNION.” 4. In view of the aforesaid settlement entered into between the petitioner No.1 and respondent No.2, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of Memo along with Memorandum of Settlement dated 30.06.2025. (ii) The proceedings in C.C.No.101/2025 (arising out of Crime No.63/2024 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 323, 504, 506 and 34 of IPC and Sections 3 and 4 of Dowry Prohibition - 8 - NC: 2025:KHC:23147 WP No. 3101 of 2025 HC-KAR Act, 1961, pending on the file of 32nd Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 161