Criminal Petition No. 1277 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:22093 CRL.P No. 1277 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1277 OF 2024 BETWEEN: 1. PRAVEEN KUMAR S, SON OF SANKARANARAYANA ACHANEYACHETTY, AGED ABOUT 35 YEARS, 2. SHANKARANARAYANAN ACHANEYACHETTY CARE OF LATE ACHANEYACHETTY, AGED 61 YEARS, Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka 3. SHANTHA SANKARANARAYANAN CARE OF SANKARANARAYANAN, AGED 54 YEARS, 4. MANJUNATH SANKARANARAYANAN CARE OF SANKARANARAYANAN, AGED 30 YEARS,
Legal Reasoning
ALL RESIDING AT NO.38, SRI LAKSHMI VENKATESHWARA, YELLAMMA NILAYAM, KURINJI NAGAR, BAGALUR ROAD, NGGOS COLONY, HOSUR, KRISHNAGIRI, TAMUL NADU - 635 109. (BY SRI. MADHUSUDHANA REDDY, ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:22093 CRL.P No. 1277 of 2024 HC-KAR AND: 1. STATE OF KARNATAKA BY MANDYA EAST POLICE STATION, MANDYA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. PALLAVI D/O SHREE KANTAMURTHY M.L. AGED ABOUT 29 YEARS, RESIDING AT 34, 3RD CROSS, 2ND STAGE, CAUVERY NAGARA, MANDYA - 571 401. …RESPONDENTS (BY SRI. NAGESHWARAPPA K, HCGP FOR R1; SRI. K. VIJAYA KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR BEARING CR.NO.116/2023 ANNEXURE A REGISTERED BY THE MANDYA EAST POLICE FOR THE OFFENCE P/US/143, 147, 498-A, 504, 323, 506 R/W SEC.149 OF IPC 1860 AS THE SAME IS ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:22093 CRL.P No. 1277 of 2024 HC-KAR CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "a) Call for the records in Crime No.0116 of 2023 registered by the Mandya East Police for the offences punishable under Sections 143, 147, 498A, 504, 323, 506 read with Section 149 of the Indian Penal Code, 1860 pending on the file of II Additional Civil Judge and JMFC at Mandya; b) Quash the First Information Report (FIR) bearing Crime No.0116/2023, ANNEXURE-A, registered by the Mandya East Police for the offences punishable under Sections 143, 147, 498A, 504, 323, 506 read with Section 149 of the Indian Penal Code, 1860 as the same is abuse of process of law; c) Pass any such orders, as this Hon'ble Court deems fit, in the interest of Justice." 2. Heard learned counsel for the petitioners, learned counsel for respondent No.2 and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-defacto complainant is the wife of petitioner - 4 - NC: 2025:KHC:22093 CRL.P No. 1277 of 2024 HC-KAR No.1/accused No.1 while petitioner Nos.2 and 3/accused Nos.2 and 3 are his parents and petitioner No.4 is his brother. The matrimonial dispute between petitioner No.1 and respondent No.2 culminated in settlement. The Memorandum of Settlement reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. The instant Criminal Petition is filed by Sri. Praveen Kumar, the husband of one Smt.Pallavi thereby challenging the proceedings initiated before the II Additional Civil Judge and JMFC, Mandya in FIR Crime No.0116/2023. II. The Hon'ble Court was pleased to refer the matter for mediation so as to enable the parties to resolve their dispute amicably. 1. During the course of mediation, it is learnt that Smt. Pallavi, the wife of the petitioner herein had filed a petition in M.C.692023, before the learned Principal Senior Civil Judge and CJM, Mandya seeking for divorce. 2. Further, it is learnt that the present petitioner had filed a petition in M.C.34/2023, before the learned Principal Senior Civil Judge and CJM, - 5 - NC: 2025:KHC:22093 CRL.P No. 1277 of 2024 HC-KAR Mandya seeking for restitution of conjugal rights which is at the stage of evidence. 3. Further, it is learnt that Smt. Pallavi had filed Crl.Misc.213/2023, seeking for maintenance form the present petitioner. Against the exparte order granted in the said Criminal Petition, the present petitioner had filed Crl.Misc.212/2023, before the learned II Additional Civil Judge and JMFC, Mandya. 4. Having participated in the process of mediation, the parties have agreed to resolve their disputes by filing a joint petition under section 130B of The Hindu Marriage Act, 1955. Accordingly, the joint petition was filed before the learned Principal Senior Civil Judge and CJM, Mandya on 27th March 2025 and the said petition was decreed by judgment and decree dated:23.04.2025. In view of the said judgment and decree, both parties have agreed to file a memo before the Hon'ble court seeking permission to withdraw the cases filed in M.C.69/2023, M.C.34/2023, Crl.Misc.213/2023 and also Crl.Misc.212/2023 as not pressed. 5. In view of the settlement arrived between the parties Smt. Pallavgi the respondent has no objection for the Hon'ble High Court to allow the instant petition filed in Crl.P.No.1277/2024 to put - 6 - NC: 2025:KHC:22093 CRL.P No. 1277 of 2024 HC-KAR a quietus to the litigation, so as to lead a peaceful life. 6. In view of this agreement entered into between the parties, the parties hereby withdraw the allegations leveled against each other unconditionally. 7. Both parties agree that they shall have no other claims whatsoever against each other. 8. The parties further state that there has been no collusion or force, fraud or any undue influence while and entering into this settlement in the aforesaid manner. III. In view of the aforesaid agreement entered into between the parties, the parties pay that this Hon'ble Court be pleased to pass appropriate order, in terms of the aforesaid settlement agreement. IV. Parties will appear before the Hon'ble Court on 11.06.2025 for passing necessary orders in terms of the agreement." 4. A perusal of Clause 5 of the aforesaid Memorandum of Settlement will indicate that respondent No.2 and petitioner No.1 have undertaken to close the present proceedings. - 7 - NC: 2025:KHC:22093 CRL.P No. 1277 of 2024 HC-KAR 5.
Decision
In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in Crime No.0116/2023 registered by Mandya East Police, pending on the file of II Additional Civil Judge and JMFC, Mandya, qua the petitioners, are hereby quashed,. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 3 Sl No.: 74 CT: BHK