O CHETAN v. SHARMA AGED ABOUT
Case Details
- 1 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13601 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 9044 OF 2023(482(Cr.PC) / 528(BNSS) IN CRL.P.No.13601/2024 BETWEEN: MRS. POORNA PRABHU D/O ANNAPPA PRABHU W/O CHETAN V. SHARMA AGED ABOUT 33 YEARS R/AT NO.2164, 16TH FLOOR, PRESTIGE LAKE RIDGE UTTARAHALLI MAIN ROAD, BENGALURU – 560 061. …PETITIONER (BY SRI. BHAT RAMACHANDRA GANAPATI, ADVOCATE) AND: Digitally signed by CHANDANA B M Location: High Court of Karnataka 1. THE STATE OF KARNATAKA THROUGH THE POLICE SUB-INSPECTOR, YELAHANKA NEW TOWN POLICE STATION, BENGALURU – 560 064. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560 001. 2. MR CHETAN V SHARMA S/O VISHWANATH AGED ABOUT 33 YEARS, R/AT NO.2423, 3RD PHASE, NEAR YELAHANKA NEW TOWN, BENGALURU – 560 064. (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; SRI. HITESH GOWDA, B.J, ADVOCATE FOR R-2) …RESPONDENTS - 2 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 12.09.2024 OF TAKING COGNIZANCE AND BE PLEASED TO QUASH THE CRIMINAL PROCEEDINGS INSTITUTED IN C.C.NO.29938/2024 PENDING ON THE FILE OF LEARNED VII ADDL. CJM BENGALURU, INSOFAR AS IT RELATES TO THE PETITIONER ACCUSED NO.2. IN CRL.P.NO.9044/2023: BETWEEN: 1. CHETHAN V SHARMA S/O. VISHWANATH, AGED ABOUT 29 YEARS 2. 3. VASANTHA KUMARI W/O. VISHWANATH H. AGED ABOUT 65 YEARS VISHWANATH S/O HANUMANTHA BATTARU H, AGED ABOUT 68 YEARS PETITIONER NOS.1, 2 & 3 RESIDING AT NO.2423, 3RD PHASE, YELAHANKA NEW TOWN P.O, BENGALURU – 560 064.
Legal Reasoning
7. We state that, we agree that we shall close all pending cases in relation to this case and mutually agree that we shall not take any legal - 7 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR action against each other in connection with the instant case anytime in future and undertake not to initiate any further actions against each other in this regard. 8. We state that, this Joint Affidavit shall be binding upon and enure to the benefit of both of us and our respective heirs, successors, assigns and personal representatives in the instant case only. 9. We state that, we have agreed to the terms and conditions on our own free will and volition signed this Joint affidavit, in the presence of our respective counsels. 10. We state that there is no coercion, undue influence or force from any source upon us to file this affidavit and the Respondent No.2 / Informant Wife has given consent not initiate any further proceedings against the Petitioners in Crime No.0137/2023 for the offence punishable under Sections 498A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 pending before the Hon'ble Court of VI Addl. Chief Metropolitan Magistrate at Bengaluru (6th ACMM) which was lodged by the Respondent No.2 / Informant Wife, which is the subject matter of this Criminal Petition. We hereby, humbly pray that this Hon'ble Court may be pleased to accept the joint affidavit and - 8 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR to allow the above Application to compound the offences and allow the above-mentioned Criminal Petition to quash the further proceedings against the Petitioner No.1 / Husband, Petitioner No.2 / Mother-in-law and Petitioner No.3 / Father-in-law in FIR and Complaint arising out of Crime No.0137/2023 for the offence punishable under Sections 498A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 pending before the Hon'ble Court of VI Addl. Chief Metropolitan Magistrate at (6th ACMM), in the interest of Justice and Equity. Whatever is stated in Para Nos.1 to 10 of the affidavit is true to the best of our knowledge, belief and information.” 4. In Crl.P.No.9044/2023, learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for 2nd respondent – complainant have filed an Affidavit duly signed by the 1st petitioner, 2nd respondent and their respective counsel and the same is taken on record. 2nd and 3rd petitioners are represented by 1st petitioner. 5. In Crl.P.No.9044/2023, petitioner No.1 – accused No.1 and his counsel and respondent No.2 and her counsel are - 9 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR physically present before the Court and they admit the contents of the Affidavit, which reads as under:- “AFFIDAVIT We, 1.Chetan V Sharma, S/o. Vishwanath, Aged about 29 years, residing at No: 2423, 3rd Phase, Yelahanka New Town P.O, Yelahanka New Town, Bengaluru 560 064 and 2. Poorna Prabhu, D/o Annappa Prabhu, Aged about 32 years, Residing at: Flat No.2164, Prestige Lake Ridge, Subramanyapura Road, Uttarahalli, Bengaluru-560 061, do hereby solemnly affirm and state on oath as follows; 1. We are the Petitioner No.1 / Husband and Respondent No.2 / Wife, respectively, in the above said case and we are well aware of the facts and circumstances of the case and competent to file this petition. The Petitioner No.1 is also competent to swear on behalf of his father & mother i.e. petitioner Nos.2 & 3 herein. 2. We state that the averments made in the memorandum of the petition may be treated as part and parcel of this affidavit in order to avoid brevity and circumlocution. 3. We state that, the Petitioner No.1 and the Respondent No.2 upon the mediation agreement drawn under Sec.89 of CPC R/W Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 before the II Addl. Prl. - 10 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR Judge, Family Court, Bengaluru in MC No.6566/2023 have agreed to settle all the pending disputes across all forums including the present Criminal Petition. The Ld. Family Court accepted the said agreement and the decree was drawn. 4. We state that, as per Clause No.7 of the settlement agreement, the Respondent No.2 has agreed to co-operate to seek for quashing of the FIR and Complaint in Crime No.0137/2023 for the offence punishable under Sections 498A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 pending before the Hon'ble Court of VI Addl. Chief Metropolitan Magistrate at Bengaluru (6th ACMM) in Criminal Petition No.9044/2023 against the Petitioner No.1 and his parents i.e. Petitioner Nos.2 & 3 who are arraigned as Accused Nos.1 to 3. 5. We submit that, the Petitioner No.1 has also agreed to co-operate with the Respondent No.2 and seek for quashing of CC No.29938/2024 pending before the VII ACJM, Bengaluru wherein the Respondent No.2 is ranked as Accused No.2 for offences u/Sec. 504, 506, 170 of IPC in Criminal Petition No.13601/2024 against the Respondent No.2 who is the Accused No.2. - 11 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR 6. We mutually agree that we have no claims left whatsoever either from the past, present or future against each other with respect to the proceedings in Crime No.0137/2023 and CC No.29938/2024 as mentioned above and withdraw all the allegations made against the Petitioners herein. 7. We state that, we both have settled all our disputes as on date and the Respondent No.2 / Wife has decided to withdraw the entire case against the Petitioner No.1 / Husband and Petitioner Nos.2 & 3 i.e. the Mother-in-law and Father-in-law herein. 8. We state that, we agree that we shall close all pending cases in relation to this case and mutually agree that we shall not take any legal action against each other in connection with the instant case anytime in future and undertake not to initiate any further actions against each other in this regard. 9. We state that, this Joint Affidavit shall be binding upon and inure to the benefit of both of us and our respective heirs, successors, assigns and personal representatives in the instant case only. 10. We state that, we have agreed to the terms and conditions on our own free will and volition - 12 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR signed this Joint Memo, in the presence of our respective counsels. 11. We state that there is no coercion, undue influence or force from any source upon us to file this affidavit and the Respondent No.2 / Informant Wife has given consent not to initiate any further proceedings against the Petitioners in Crime No.0137/2023 for the offences punishable under Sections 498A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 pending before the Hon'ble Court of VI Addl. Chief Metropolitan Magistrate at Bengaluru (6th ACMM) which was lodged by the Respondent No.2 / Informant Wife, which is the subject matter of this Criminal Petition. We hereby, humbly pray that this Hon'ble Court may be pleased to accept the joint affidavit and to allow the above Application to compound the offences and allow the above-mentioned Criminal Petition to quash the further proceedings against the Petitioner No.1 / Husband, Petitioner No.2 / Mother-in-law and Petitioner No.3 / Father-in-law in FIR and Complaint arising out of Crime No.0137/2023 for the offence punishable under Sections 498A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 pending before the Hon'ble Court of VI Addl. Chief Metropolitan - 13 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR Magistrate At Bengaluru (6th ACMM), in the interest of Justice and Equity. Whatever is stated in Para Nos.1 to 11 of the affidavit is true to the best of our knowledge, belief and information.” 6. In view of the aforesaid settlement entered into between the petitioner/s and 2nd respondent in both the petitions, I pass the following:
Arguments
(BY SRI. HITESH GOWDA B.J., ADVOCATE) AND: 1. 2. THE STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. POORNA PRABHU D/O K. ANNAPPA PRABHU W/O CHETAN V SHARMA AGED ABOUT 32 YEARS RESIDING AT #G-3, SHIVASHANKARI ENCLAVE 1ST CROSS, UTTARAHALLI MAIN ROAD UDAY NAGAR, CHIKKALSANDRA ...PETITIONERS - 3 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR SUBRAMANYAPURA , BENGALURU SOUTH BENGALURU – 560 061. ...RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. RAMACHANDRA G. BHAT, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLIANT IN EAST ZONE WOMEN P.S., AGAINST THE PETITIONER IN CR.NO.137/2023 PENDING BEFORE THE HON’BLE COURT OF VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU (6TH ACMM) FOR THE OFFENCES P/U/S 498-A, 34 OF IPC R/W SEC.4 OF DP ACT 1961. THESE PETITIONS COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In Crl.P.No.13601/2024, petitioner seeks the following reliefs:- “For the reasons stated above the petitioner most respectfully prays that this Hon’ble Court may kindly be pleased to set aside the order dated 12.09.2024 of taking cognizance and be pleased to quash the criminal proceedings instituted in CC No.29938/2024 pending on the file of learned VII Addl. CJM, Bengaluru, insofar as it relates to the petitioner – accused No.2 for the offence u/s 506 and 504 of IPC and to pass such other appropriate order or direction which the petitioner is entitled to in the circumstances of the case and in the ends of justice.” In Crl.P.No.9044/2023, petitioners seek the following reliefs:- - 4 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR “Wherefore, the Hon’ble is respectfully prayed to quash the FIR and Complaint in East Zone Women P.S., against the Petitioners in Crime No.0137/2023 pending before the Hon’ble Court of VI Addl. Chief Metropolitan Magistrate at Bengaluru (6th ACMM) the offence for punishable under Sections 498A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 in the interest of justice.” 2. In Crl.P.No.13601/2024, learned counsel for the petitioner – accused No.2 and learned counsel for 2nd respondent – complainant have filed an Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. In Crl.P.No.13601/2024, petitioner – accused No.2 and her counsel and respondent No.2 and his counsel are physically present before the Court and they admit the contents of the Affidavit, which reads as under:- “AFFIDAVIT We, 1. Poorna Prabhu D/o AnnappaPrabhu W/o Chetan V Sharma, Aged about 33 years, R/at No.2164, 16th floor, Prestige Lake Ridge, Uttarahalli Main Road, Bengaluru – 560 064, 2. Chetan V Sharma, S/o. Vishwanath, Aged about 29 years, residing at No.2423, 3rd Phase, Yelahanka New Town - 5 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR P.O, Yelahanka New Town, Bengaluru 560 064, do hereby solemnly affirm and state on oath as follows; 1. The Petitioner No.1 and Respondent No.2 herein are the Wife and the husband respectively, in the above said case and we are well aware of the facts and circumstances of the case and competent to file this petition. 2. We state that, the Petitioner No.1 and the Respondent No.2 upon the mediation agreement drawn under Sec.89 of CPC R/W Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 before the II Addl. Prl. Judge, Family Court, Bengaluru in MC No.6566/2023 have agreed to settle all the pending disputes across all forums including the present Criminal Petition. The Ld. Family Court accepted the said agreement and the decree was drawn. 3. We state that, as per Clause No.7 of the settlement agreement, the Respondent No.2 has agreed to co-operate to seek for quashing of the FIR and Complaint in 0235/2024 for the offence punishable under Sections 170, 504, 506, 509 r/w Section 34 of IPC and to quash the proceedings in CC No.29938/2024 on the file of the learned VII Addl. Chief Judicial Metropolitan Magistrate at Bengaluru against the petitioner herein. - 6 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR 4. We submit that, the petitioner has also agreed to co-operate with the Respondent No.2 and seek for quashing of the FIR and Complaint in Crime No.0137/2023 for the offence punishable under Sections 498A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 pending before the Hon'ble Court of VI Addl. Chief Judicial Metropolitan Magistrate At Bengaluru (6th ACMM) in Criminal Petition No.9044/2023 against the Petitioner No.2 and his parents i.e., Petitioner Nos.2 and 3 who are arraigned as accused Nos.1 to 3. 5. We mutually agree that we have no claims left whatsoever either from the past, present or future against each other with respect to the proceedings in Crime No.0137/2023 and CC No.29938/2024 as mentioned above and withdraw all the allegations made against each other. 6. We state that, we both have settled all our disputes as on date and the petitioner and Respondent No.2 have decided to withdraw the entire case against the Petitioner No.1 / Husband and Petitioner Nos.2 & 3 i.e. the Mother-in-law and Father-in-law herein.
Decision
ORDER (i) Crl.P.No.13601/2024 is disposed of in terms of Affidavit dated 28.04.2025. (ii) The proceedings in C.C.No.29938/2024 registered for the offences punishable under Sections 504 and 506 of IPC pending on the file of VII Addl. Chief Judicial Magistrate, Bengaluru are hereby quashed. (iii) Crl.P.No.9044/2023 is disposed of in terms of Affidavit dated 28.04.2025. (iv) The Complaint / FIR in Crime No.137/2023 dated 29.07.2023 of East Zone Women Police Station registered for the offences punishable under Sections 498A and 34 of IPC and - 14 - NC: 2025:KHC:19321 CRL.P No. 13601 of 2024 C/W CRL.P No. 9044 of 2023 HC-KAR Section 4 of the Dowry Prohibition Act, 1961, pending on the file of the VI Addl. Chief Metropolitan Magistrate, Bengaluru, are hereby quashed. SV List No.: 3 Sl No.: 8 Sd/- (S.R.KRISHNA KUMAR) JUDGE