SMT. R SUMALINI v. STATE BY SHO SRINIVASAPURA POLICE STATION

SMT. R SUMALINI W/O LATE A. VENUGOPAL, AGED ABOUT 64 YEARS, PRESENTLY R/AT NO.3488, 7TH MAIN ROAD, KUMARASWAMY LAYOUT, BENGALURU - 560078. (BY SRI NAGARJUNA A S, ADVOCATE) …PETITIONER AND:

#1. STATE BY SHO SRINIVASAPURA POLICE STATION SRINIVASAPURA, KOLAR DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING - 560001. NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:30437 CRL.P No. 2103 of 2024 C/W CRL.P No. 1671 of 2025 HC-KAR

#2. SMT. N. M. ASHWINI, W/O SRI HEMANTH KUMAR V AGED ABOUT 25 YEARS, R/AT NARAMAKALAHALLI VILLAGE, RONUR HOBLI, SRINIVASPURA TALUK KOLAR - 563135. (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI A C CHANDRASHEKAR, ADVOCATE) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.79/2023 (CR.NO.113/2022) REGISTERED BY THE SRINIVASAPURA P.S., KOLAR DISTRICT FOR THE OFEFNCE P/U/S 498A, 504, 506, 506(B) R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT AND ETC. IN CRL.P NO. 1671/2025 BETWEEN: HEMANTH KUMAR V S/O LATE A.VENUGOPAL, AGED ABOUT 30 YEARS, PRESENTLY R/AT NO.3488, 7TH MAIN ROAD, KUMARASWAMY LAYOUT, BENGALURU-560 078 (BY SRI NAGARJUNA A S, ADVOCATE) ...PETITIONER - 3 - NC: 2025:KHC:30437 CRL.P No. 2103 of 2024 C/W CRL.P No. 1671 of 2025 HC-KAR AND:

#1. STATE OF KARNATAKA BY SRINIVASAPURA POLICE STATION, SRINIVASAPURA, KOLAR DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING -560 001.

#2. SMT. N. M.ASHWINI, W/O.SRI HEMANTH KUMAR V, AGED ABOUT 25 YEARS, R/AT NARAMAKALAHALLI VILLAGE, RONUR HOBLI, SRINIVASPURA TALUK, KOLAR-563 135 ...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI A C CHANDRASHEKAR,ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.79/2023 (CR.NO.113/2022) REGISTERED BY THE SRINIVASAPURA P.S. KOLAR DISTRICT FOR THE OFFENCE P/U/S 498A, 506, 504, 506(B) R/W 34 OF IPC AND SEC.3 & 4 OF D.P ACT AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 4 - NC: 2025:KHC:30437 CRL.P No. 2103 of 2024 C/W CRL.P No. 1671 of 2025 HC-KAR ORAL ORDER Both these petitions arise out of a solitary crime registered in C.C. No.79/2023. Crl. P. No.2103/2024 is by the mother-in-law and Crl.P.No.1671/2025 is by the husband.

#2. During the subsistence of the proceedings, the parties to the lis were before they concerned Family Court in M.C.No.4722/2024. Before the concerned Court, the parties to the lis have settled the dispute amongst themselves. One of the clauses of the settlement of dispute is cooperation for closure of the present proceedings. Accordingly the petitioners have filed an application under Section 359 read with Section 528 of the BNSS, 2023 and a joint affidavit to that effect.

#3. The affidavit reads as follows: JOINT AFFIDAVIT We, Hemanth Kumar V, S/o. Late A. Venugopal, Aged about 30 years, Smt. R. SUMALINI, W/o. Late A. Venugopal, Aged about 64 years, all of us/Petitioners are R/at No.3488, 7th Main Road, Kumaraswamy Layout, Bengaluru-560078 AND Smt. N.M. Ashwini, w/o Sri Hemanth Kumar, Aged about 25 years, r/at Naramakalahalli Village, Ronur Hobll, Srinivaspura Taluk, Kolar-563 135, now at Bengaluru, do hereby solemnly affirm and state on oath as follows:

#1. We submit that, Hemanth Kumar V & Sumalini R are the Petitioners, respectively & Smt. N.M. Ashwini is - 5 - NC: 2025:KHC:30437 CRL.P No. 2103 of 2024 C/W CRL.P No. 1671 of 2025 HC-KAR the 2nd Respondent in the above case and we swear to this Joint Affidavit.

#2. We submit that, Kumar Hemanth Kumar V is the Husband/Petitioner/Accused Crl.P. No.1671/2025 and Smt. Sumalini R is the Mother-in- law/Petitioner/Accused No.2 in Crl.P No.2103/2024. That, the Respondent No.2/N.M Ashwini is the daughter-in-law/wife and is a common Respondent in both the Criminal Petitions. No.1

#3. We submit that, on 14/05/2022, the 2nd Respondent, Ν.Μ Ashwini appeared before the 1st Respondent Police & filed a Complaint against the Petitioners. Based on the above Complaint the 1st Respondent Police have registered a case their Crime No.113/2022 for the offences punishable u/S. 498(A), 504, 506, 506(B) I.P.C, r/w Sec.3 & 4 of D.P. Act.

#4. We submit that, 1st Respondent police after concluding the Investigation have filed the Charge- sheet in C.C. No.79/2023 for the offences punishable under u/S. 498-A, 506, 504, 506-(B) r/w S.34 of IPC and S.3 & 4 of D.P act, pending on the files of the Prl. Civil Judge (Jr. Div.) & JMFC Court, Srinivasapura, Kolar District, against the Petitioners.

#5. We submit that, the Petitioner No.1 & the 2nd Respondent have filed a Divorce Petition u/S.13(1)(a) & (b) of the HMA, 1955 in M.C No.4722/24, pending before the Hon'ble II Addl. Prl. Judge, Family Court, Bengaluru and in that proceedings, the Petitioner No.1 & 2nd Respondent have entered into a settlement. The 2nd Respondent has agreed to co- operate with the Petitioner to Quash the above proceedings before this Hon'ble Court.

#6. We submit that, the Petitioner No.1 & the 2nd Respondent have mutually agreed to the Settlement terms as enumerated the Memorandum of Settlement u/S. 89 of CPC r/w Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, during Mediation before the Bangalore Mediation Centre & the same has been accepted by the Hon'ble II Addl. Prl. Judge, Family Court, Bengaluru & Decree has been drawn as per Compromise/Settlement Deed & Hon'ble Family Judge has granted a decree of Divorce to the parties dt:17/12/2024. terms of resultantly - 6 - NC: 2025:KHC:30437 CRL.P No. 2103 of 2024 C/W CRL.P No. 1671 of 2025 HC-KAR

#7. We submit that, the Petitioner No.1/Husband has handed over one Neck Chain, one finger ring, one bracelet & a D.D for a sum of Rs.10 Lakhs bearing No.008611, drawn on Bank of Baroda & a sum of Rs.20,000/- in Cash to the 2 ^ (nd) Respondent/Wife like-wise the 2nd as Permanent Alimony. That, Respondent has handed over two bangles, one neck chain (Mangalaya Chain) & one gold ring to the Petitioner No.1/Husband before the Hon'ble II Addl. Prl. Judge, Family Court, Bengaluru.

#8. We submit that, the 2nd Respondent has agreed to withdraw all the cases filed against the Petitioners including the above case.

#9. We submit that, the 2nd Respondent had filed a Complaint against the Petitioners before the 1st Respondent police and after due deliberations and advises from well-wishers, relatives, friends, the 2nd Respondent has decided not to further prosecute the case. further, we both have decided to terminate all the allegations that have been made against each- others for our individual/personal peaceful and happy life to be led in future.

#10. We submit that, the 2nd Respondent is well educated and she is a major even during the Complaint made to the 1st respondent police. She has no compulsion, harassment, threat, coercion and undue influence from any direction or corner to close the case once for all.

#11. We submit that, this Joint Affidavit, is being filed on our own accord and free will, not at the behest of any persons, coercion, threat or any other extraordinary interest in seeking to close the case once for all. We have filed a Memorandum of Settlement before the II Addl. Prl. Judge, Family Court, Bengaluru & Decree of Divorce has been granted. That, WE have decided to lead an independent life. We both have already settled our claims, disputes or other issues ourselves in the Family Court in M.C No. 4722/24, before the Hon'ble II Adl. Prl. Family Court, Bengaluru and we have decided independently. peaceful happy

#12. We submit that, the 2nd Respondent has no objection for quashing the entire proceedings in C.C. No. 79/2023 (Crime No.113/2022) registered by the - 7 - NC: 2025:KHC:30437 CRL.P No. 2103 of 2024 C/W CRL.P No. 1671 of 2025 HC-KAR Srinivasapura P.S, Kolar District, for the offences punishable under u/S. 498-A, 506, 504, 506-(B) r/w S.34 of IPC and S.3 & 4 of D.P act, pending on the files of the Prl. Civil Judge (Jr. Div.) & JMFC Court, Srinivasapura, Kolar District.

#13. We submit that, herein-after we do not have any rights, claims, grievance against each other. We both have family members, relatives etc., and they have also agreed not to indulge in filing further cases, claims etc., against each-others in the above circumstance.

#14. If this application is not allowed, we will be put to great hardship, injury and mental agony that apart leading to multiplicity of proceedings which consume lot of judicial time. Whereas, no prejudice will be caused to the prosecution if the same is allowed. WHEREFORE, it is humbly prayed that, this Hon'ble Court be pleased to allow the accompanying application as prayed for, in the interest of justice. We, the deponents do hereby state that, what is stated above are true and correct to the best of our knowledge, information and belief.

#4. In the light of the offences being the one punishable under Section 498A or 323 of IPC and the dispute being a marital dispute and not being against the State, I deem it appropriate to accept the application seeking compounding of the offences and close the proceedings against the petitioners.

#5. For the aforesaid reasons, the following: - 8 - NC: 2025:KHC:30437 CRL.P No. 2103 of 2024 C/W CRL.P No. 1671 of 2025 HC-KAR ORDER a. The criminal petitions are allowed. b. The impugned proceedings in C.C.NO.79/2023, in both the petitions, stand quashed, qua the petitioners. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SN