PREMKUMAR T v. STATE OF KARNATAKA

(BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; SRI BIPIN HEGDE, ADVOCATE FOR R-2) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO i) QUASH THE FIR IN (ANNEXURE -A FIR) CRIME NO. 263/2023 DATED 05/08/2023 OF BASAVESHWARANAGAR POLICE STATION ON THE FILE OF V ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A OF THE INDIAN PENAL CODE AND FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, IN SO FAR AS THE PETITIONER IS CONCERNED. IN WP NO. 20989/2023 BETWEEN:

1. SHRUTHI T., AGED ABOUT 33 YEARS, W/O ARUN BHONSLE, R/A NO.19, 21ST BLOCK, 4TH CROSS, SHAKTHI NAGAR, MYSURU, KARNATAKA – 570 019. - 3 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR

2. N.THUKARAM, AGED ABOUT 59 YEARS, S/O K. NANJUNDA RAO, R/AT NO. 678, 5TH CROSS, HANUMANTHA NAGAR, BENGALURU – 560 050.

3. K.S. ARUN BHONSLE, AGED ABOUT 41 YEARS, S/O M.N. SADHASHIVA RAO,

4. PADMA BAI, AGED ABOUT 61 YEARS, W/O M.N. SADHASHIVA RAO, BOTH RESIDING AT: NO.19, 21ST BLOCK, 4TH CROSS, SHAKTHI NAGAR, MYSURU, KARNATAKA – 570 019. ...PETITIONERS (BY SRI. MAYUR D.BHANU, ADVOCATE) AND:

STATE OF KARNATAKA, REPRESENTED BY THE SHO, BASAVESHWARANAGAR POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU – 560 001.

KAVANA M. JADHAV, AGED ABOUT 26 YEARS, W/O PREMAKUMAR T, R/A NO.36, 10TH CROSS, - 4 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR PARIMALANAGAR, NANDINI LAYOUT, BENGALURU – 560 079. ...RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R-1; SRI. BIPIN HEGDE, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN (ANNEXURE-A FIR) CRIME NO.263/2023 DATED 05/08/2023 OF BASAVESHWARANAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 498A OF THE INDIAN PENAL CODE AND FOR THE OFFENCES PUNISHABLE U/S 3 AND 4 OF THE DOWRY PROHIBITION ACT, IN SO FAR AS THE PETITIONERS ARE CONCERNED. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the registration of a crime in Crime No.263/2023 for offences punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. - 5 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR

2. Heard Sri. Mayur D. Bhanu, learned counsel appearing for the petitioners, Sri. Channappa Erappa, learned HCGP appearing for respondent No.1, Sri. Bipin Hegde, learned counsel appearing for respondent No.2, in both the cases and have perused the materials on record.

The parties to the lis were also before the Family Court in M.C.No.1986/2024 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 Memorandum of settlement reads as follows: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF PROCEDURE (MEDIATION) RULES, 2005. KARNATAKA CIVIL THE I. The Petitioner has filed this petition against the Respondent under Section 13 (1) (i-a) of the Hindu Marriage Act 1956 for dissolution of his marriage with the respondent. II. The aforesaid petition was referred mediation for resolving the dispute between the parties. During the course of mediation the petitioner and Respondent along with their counsels were present and have resolved their dispute and have agreed to the following terms and conditions:

1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized - 6 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR

on 31.10.2022 at KKMP Convention Hall, Vasanth Nagar, Bengaluru as per Hindu rites and customs. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from June 2023. The efforts made by the elders, 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. Both the parties state that they have one son by name Devacharith, born on 17.01.2024, aged about 1 1/2 years, presently under the care and custody of the respondent/mother and continued to be so in future for which petitioner/father has no objection for the same. The petitioner/father has voluntarily given up his visitation rights of minor son. The petitioner has agreed to bear educational and medical expenses of the minor son till completes age of 18 years here under as follows: the house of a. The petitioner shall get minor child admitted/enrolled at Kendriya Vidyalaya School, nearest child/mother. In case if it is not possible to admit the child in the above school, then the child shall be admitted in any other school by the petitioner. For that purpose both parties shared i.e., Id [email protected], [email protected] communication between relation to the admission of the child. the parties HC-KAR

- 7 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 Draft Draft bearing The petitioner has agreed to pay a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs Only) to the respondent towards all her claims of permanent alimony/maintenance as full and final settlement by way of total Three Demand Drafts. (1) Rs.10,00,000/- (Rupees Ten Lakhs Only) will be paid by way of No.650913, Demand Dated:01.08.2025, Drawn on Canara Bank, Bengaluru and (2) Rs.10,00,000/- (Rupees Ten Lakhs Only) will be paid by way of Demand No.650931, Dated:09.09.2025, Drawn on Canara Bank, Bengaluru and the remaining balance of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) will be paid by way of Demand Draft bearing No.650926, Dated:09.09.2025, Drawn on Canara Bank, Bengaluru. The above said three Demand Drafts shall be handed over to the respondent at the time of reporting the settlement before the Hon'ble Court. The respondent shall not claim whatsoever either for herself or on behalf of the minor child other than medical and educational expenses as mentioned above. bearing

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. Both the parties state that the respondent has agreed to return a pair of gold earrings which belongs to the petitioner's mother which shall be returned to the petitioner today before the Hon'ble Court at the time of reporting settlement. The respondent has agreed to withdraw M.C.No.7113/2023, filed under section 9 of restitution of conjugal rights, pending before IV Additional Principal Judge Family Court, Bengaluru filed against the petitioner.

The respondent has agreed to withdraw filed under section Crl. Misc. No.343/2025, - 8 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR 125 of Criminal Procedure Code, pending before IV Additional Principal Judge Family Court, Bengaluru filed against the petitioner and the passed the order of Rs.20,000/- per month dated 02.04.2025 and for the above decree Crl. Misc.528/2025, before IV Additional Principal Judge Family Court, Bangalore as not pressed by the next date of hearing. respondent The respondent filed a case on behalf of the minor son Devacharith and she has agreed to withdraw/close O.S.25438/2024 filed under order 7 rule 1 of CPC for partition, pending before 13th Additional City Civil and Sessions Judge (CCH-22), Mayohall Unit, Bengaluru filed against family the petitioner and members by the next date of hearing. The respondent has agreed to co-operate for quashing/closing of Crime No.263/2023, filed under section 498A, pending before V ACJM, Bengaluru filed against the petitioner. The petitioner has filed a W.P.No.22300/2023, and his filed a family members have W.P.No.20989/2023, before the Hon'ble High Court of Karnataka for quashing the above cases. The parties admit and agree that they have no further claims on whatsoever manner against each other either in past, present or future. The parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering aforesaid manner. this compromise

Both parties agree to withdraw all the allegations made against each other in all other proceedings by expressly or orally.

Both the parties admit that they shall not interfere in the lives of each other in future. - 9 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Honb'le Court be pleased to dissolve the marriage solemnized on 31.10.2022 at KKMP Convention Hall, Vasanth Nagar, Bengaluru by granting a decree of divorce in terms of this agreement. Parties will appear on 15.09.2025 before the IV. Hon'ble Court for passing of orders in terms of the agreement. "

4. In W.P.No.22300/2023, learned counsel for the petitioner has filed a Memo who reads as follows: "The Petitioner above named respectfully states as under:

1. The Petitioner respectfully states that the present memo may be read as part and parcel of the main petition, to avoid repetition of facts.

2. The Petitioner respectfully states that the Petitioner and the Respondent No.2, due intervention of elders and well-wishers from both the families, have entered into a settlement and accordingly have filed a Compromise Petition before the Learned IV Addl. Family Judge, at Bengaluru, in M.C.No.1986/2024. The terms of the compromise petition filed before the Learned Family Judge, are herewith extracted for the purpose of brevity.

2. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 31.10.2022 at KKMP Convention Hall, Vasanth Nagar, Bengaluru as per Hindu rites and customs. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from June 2023. The efforts made by the elders, friends and well wishers differences between the parties did not yield any fruits. There is absolutely no chance of a reunion resolve - 10 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR them. The petitioner and between respondent know 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. their marriage

3. Both the parties state that they have one son by name Devacharith, born on 17.01.2024, aged about 1 1/2 years, presently under the care and custody of the respondent/mother and continued to be so in future for which petitioner/father has no objection for the same. The petitioner/father has voluntarily given up his visitation rights of minor son.

4. The petitioner has agreed to bear educational and medical expenses of the minor son till completes age of 18 years here under as follows: shall get minor a. The petitioner admitted/enrolled at Kendriya Vidyalaya School, nearest to the house of the child/mother. In case if it is not possible to admit the child in the above school, then the child shall be admitted in any other school by the petitioner. For that purpose both parties shared i.e., [email protected], [email protected] for communication between the parties in relation to the admission of the child. their email Id

5. The petitioner has agreed to pay a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs Only) to the respondent towards all her claims of permanent alimony/maintenance as full and final settlement by way of total Three Demand Drafts. (1) Rs.10,00,000/- (Rupees Ten Lakhs Only) will be paid by way of Demand Draft bearing No.650913, Dated:01.08.2025, Drawn on Canara Bank, Bengaluru and (2) Rs.10,00,000/- (Rupees Ten Lakhs Only) will be paid by way of Demand Draft bearing No.650931, Dated:09.09.2025, Drawn on Canara Bank, Bengaluru and the remaining balance of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) will be paid by way of Demand No.650926, Dated:09.09.2025, Drawn on Canara Bank, Bengaluru. The above said three Demand Drafts bearing Draft - 11 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR shall be handed over to the respondent at the time of reporting the settlement before the Hon'ble Court.

The respondent shall not claim whatsoever either for herself or on behalf of the minor child other than medical and educational expenses as mentioned above. 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. Both the parties state that the respondent has agreed to return a pair of gold earrings which belongs to the petitioner's mother which shall be returned to the petitioner today before the reporting Hon'ble Court at settlement. time of respondent has agreed The to withdraw M.C.No.7113/2023, filed under section 9 of restitution of conjugal rights, pending before IV Additional Family Court, Bengaluru filed against the petitioner. Principal Judge Judge Principal respondent has agreed to withdraw The Crl. Misc. No.343/2025, filed under section 125 of Criminal Procedure Code, pending before IV Additional Family Court, Bengaluru filed against the petitioner and the passed the order of Rs.20,000/- per month dated 02.04.2025 and for the above decree the respondent filed Crl.

Misc.528/2025, before IV Family Court, Additional Bangalore as not pressed by the next date of hearing. Principal Judge The respondent filed a case on behalf of the minor son Devacharith and she has agreed to withdraw/close O.S.25438/2024 filed under order 7 rule 1 of CPC for partition, pending before 13th Additional City Civil and Sessions Judge (CCH-22), Mayohall Unit, Bengaluru filed against the petitioner and family members by the next date of hearing. quashing/closing The respondent has agreed to co-operate Crime No.263/2023, filed under section 498A, pending before V ACJM, Bengaluru filed against the petitioner. The petitioner has

- 12 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR filed a W.P.No.22300/2023, and his family members have filed a W.P.No.20989/2023, before the Hon'ble High Court of Karnataka for quashing the above cases.

14. The parties admit and agree that they have no further claims of whatsoever manner against each other either in past, present or future. 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. Both parties agree to withdraw all the allegations made against each other in all other proceedings by expressly or orally.

15. Both the parties admit that they shall not interfere in the lives of each other in future. respectfully states

3. The Petitioner Respondent No.2, despite filing a compromise petition before the Learned Family Judge, agreeing to settle all the proceedings pending between the Petitioner, his family members and the Respondent No.2 including the present proceedings, is not assisting/co- operating to close the present proceedings. the Respondent No.2

4. The Petitioner respectfully states that he has honoured all the terms and conditions mentioned in the compromise petition filed before the Learned Family Judge. However, the Respondent No.2 is not co-operating to close the present proceedings. WHEREFORE, the Petitioner humbly prays that this Hon'ble Court be pleased to quash the impugned proceedings in view of the settlement entered into by the Petitioner and the Respondent No.2 in M.C.No.1986/2024 before the Learned IV Addl. Family Judge, at Bengaluru, in the interest of Justice. "

5. Learned counsel, Sri. Mayur D. Bhanu, appearing for the petitioners on instructions would undertake the payment of the school/educational fees and medical expenses, if any, projected by the mother. - 13 - NC: 2026:KHC:23074 WP No. 22300 of 2023 C/W WP No. 20989 of 2023 HC-KAR

Therefore, in light of the settlement arrived at between the parties quoted supra, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petitions.

For the aforesaid reasons, the following: ORDER i. Writ Petitions are disposed. ii. In W.P.No.22300/2023, proceedings in Crime No.263/2023 pending before the V Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed, qua the petitioner. iii. In W.P.No.20989/2023, proceedings in Crime No.263/2023 pending before the V Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed, qua these petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 242