Karnataka High Court
Mohan Kumar K C vs State Of Karnataka on 14 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:6823
CRL.P No. 1954 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 1954 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
MOHAN KUMAR K. C.,
S/O CHANDRAPPA,
AGED ABOUT 34 YEARS,
R/AT KURKI VILLAGE,
KOLAR DISTRICT-560056.
WORKING AS PDO AT
DODDAHASAHALA GRAM PANCHAYATHA,
KOLAR KARNAAKA-560056
(AS PER CHARGESHEET)
...PETITIONER
(BY SRI. VISHNUMURTHY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY NAGAMANGALA TOWN P.S.,
REP. BY SPP, HIGH COURT OF KARNATKA,
Digitally
signed by BANGALORE-01
LEELAVATHI
SR
Location:
2. NAYANA V.,
High Court W/O MOHANKUMAR K. C.,
of Karnataka
AGED ABOUT 24 YEARS,
R/AT 5TH CROSS, KANAKANAGAR,
SATHANOOR ROAD,
CHANNAPATNA TOWN,
RAMANAGARA DISTRICT-562160
...RESPONDENTS
(BY SRI THEJESH, HCGP FOR R1
SRI. T.V.ANJANAPPA, ADV. FOR R2)
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NC: 2025:KHC:6823
CRL.P No. 1954 of 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.487/2023 FOR AN OFFENCE U/S 498(A),
323, 504, 506 OF IPC AND SECTION 3 AND 4 OF D.P. ACT WHICH IS
PENDING ON THE FILE OF CIVIL JUDGE (SR.DN) AND J..M.F.C.
NAGALAMANGALA AGAINST THE PETITIONER.
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:-
"Wherefore, the petitioner humbly prays that this
Hon'ble court may be pleased to quash the entire
proceedings in C.C.NO.487/2023 for an offence u/s 498(A),
323, 504, 506 of IPC and section 3 & 4 of D.P. Act, which is
pending on the file of C.J. (Sr. Dn.) and JMFC, Nelamangala,
against the petitioner."
2. Learned counsel for the petitioner - accused and learned
counsel for 2nd respondent - complainant have filed a Joint Memo
dated 14.02.2025 duly signed by the petitioner, 2nd respondent and
their respective counsel. The same is taken on record.
3. Petitioner - accused and respondent No.2- complainant
are physically present before the Court and they admit the contents
of the aforesaid Joint Memo, which reads as under:-
NC: 2025:KHC:6823
JOINT MEMO
The above named petitioner and Respondent No.2
begs to state as follows:
1. The petitioner humbly submits that Respondent
No.2 had lodged a complaint against him before Respondent
No.1 police which was registered in Cr.No.96/2023 and after
completing the investigation the respondent No.1 police had
filed a charge sheet in C.C.No.487/2023 against the
petitioner for an offence u/s 498A, 323, 504, 506 of I.P.C and
3 & 4 of D.P.Act, which is pending on the file of CJ(Sr.Dvn) &
JMFC, at Nagamangala.
2. Both the parties humbly submit that thereafter
petitioner had filed the M.C.No.3035/2023 against the
respondent No.2 seeking divorce, which was pending before
Hon'ble 6th Addl. Principal Family Judge, Bangalore.
3. Both the parties humbly submit that during the
course of mediation in M.C.No.3035/2023, both the parties
had compromised each othe,. wherein the petitioner had
agreed to pay Rs.19,00,000/- ( Rupees Nineteen Lakhs only)
towards the permanent alimony of the respondent No.2 and
the respondent No.2 had agreed for the same and out of
Rs.19,00,000/-, Rs.5,00,000/-( Rupess Five Lakhs only) is
already paid in favour of Respondent No.2 by way of
demand draft in M.C.No.3025/2023 during the time of
judgment and the respondent No.2 had already received the
same.
4. Both the parties further submits that as per the
terms of compromise the remaining balance of
NC: 2025:KHC:6823
Rs.14,00,000/- will be paid by way of demand draft, before
this Hon'ble court today. The Xerox copy of the same is
herewith enclosed for the kind perusal of this Hon'ble court.
5. The petitioner humbly submits that in view of the
aforesaid settlement between the parties, as they had
already compromised each other and since the matter is
settled, the Respondent No.2 is not interested in continuing
the case in C.C.No.487/2023 which was filed by her against
the petitioner.
6. Both the parties humbly submit that as per the
terms of compromise entered into between them in
M.C.No.3025/2023 the respondent No.2 herein has no
objection to allow the above Criminal Petition filed by the
petitioner by quashing the entire proceedings against him in
C.C.No.487/2023, for an offence u/s 498A, 323, 504, 506 of
I.P.C and 3 & 4 of D.P.Act, which is pending on the file of
CJ(Sr.Dvn) & JMFC, at Nagamangala. Hence this joint
memo.
PRAYER
Wherefore, the above named petitioner and
respondent No.2 humbly prays that this Hon'ble court may
be pleased to allow the above Criminal Petition by quashing
the entire proceedings C.C.No.487/2023, for an offence u/s
498(A),323,504,506 of I.P.C and 3 & 4 of D.P.Act, which is
pending on the file of CJ (Sr.Dvn) & JMFC, at Nagamangala,
in the interest of justice."
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4. In view of the aforesaid settlement entered into
between the petitioner and 2nd respondent, I pass the following:
ORDER
(i) Petition is disposed of in terms of the Joint Memo
dated 14.02.2025.
(ii) All further proceedings in C.C.No.487/2023 arising out
of Crime No.96/2023 registered by the 1st respondent - Police for
the offences punishable under Sections 498-A, 323, 504, 506 of
IPC and Sections 3 and 4 of the D.P.Act, pending on the file of Civil
Judge (Sr.Dn) & JMFC, Nagamangala, insofar as the petitioner is
concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
Srl.
