Karnataka High Court
Sri B Bharath vs State Of Karnataka on 25 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:3445
CRL.P No. 13809 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 13809 OF 2024 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI B. BHARATH,
S/O B SANGAMESHWAR RAO,
AGED ABOUT 31 YEARS,
R/AT NO.127, FLT NO F2,
PRECISE KRISHNA APRTMENTS,
3RD MAIN, MAHALAKSHMIPURA,
OPP ISKON TEMPLE, MAHALASKHMIPURA,
BENGALURU 560086
...PETITIONER
(BY SRI. YATHISHA K. J., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY MAHALAKSHMIPURA POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU 560001
Digitally signed by 2. SMT NAMRATA K.,
LEELAVATHI S R W/O B. BHARATH,
Location: High AGED ABOUT 30 YEARS,
Court of R/AT NO 127, F 2, 1ST FLOOR,
Karnataka
PRECISE KRISHNA APARTMENT,
3RD MAIN ROAD, MAHALAKSHMPURAM,
BENGALURU 560086
...RESPONDENTS
(BY SMT. M.M.WAHEEDA, HCGP FOR R1
SMT. NAMRATHA K., PARTY-IN-PERSON FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE
SHEET IN C.C.NO.19369/2024 AGAINST THE ACCUSED NO.1 THE
PETITIONER HEREIN, IN CR.NO.247/2023 OF
MAHALAKSHMIPURAM POLICE STATION, FOR THE OFFENCES
-2-
NC: 2025:KHC:3445
CRL.P No. 13809 of 2024
PUNISHABLE UNDER SECTION 34, 498A, 504, 323 OF IPC, ON THE
FILE OF XXXII ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU
CITY.
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, it is prayed that this Hon'ble Court
may kindly be pleased to quash the
C.C.No.19369/2024 against accused No.1 the
petitioner herein, in Crime No.247/2023 of
Mahalakshmipuram Police Station, for the offences
punishable under Section 34, 498A, 504, 323 of
Indian Penal Code, on the file of XXXII Addl. Chief
Judicial Magistrate, Bengaluru City, in the interest of
justice and equity"
2. Learned counsel for the petitioner - accused No.1 and
learned counsel for 2nd respondent- complainant have filed a Joint
compromise petition duly signed by the petitioner, 2nd respondent
and their respective counsel and the same is taken on record.
3. Petitioner - accused No.1 and his counsel and counsel
for respondent No.2 are physically present before the Court and
NC: 2025:KHC:3445
they admit the contents of the Joint compromise petition, which
reads as under:-
"MEMORANDUM OF COMPROMISE PETITION UNDER
SECTION 320 (2) READ WITH 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973
The above named accused No.2 the petitioner herein
respectfully submits as follows:
1. The address of the Petitioner for the purpose of service of
the summons and notice of this Hon'ble court is as shown in
the cause title.
2. That the address of the respondents for similar purpose
is as shown in the Cause title is correct and sufficient.
3. It is submitted that, the petitioner has filed the present
petition for seeking to quash the FIR in Crime No. 247/2023
of Mahalakshmipuram Police Station, for the offences
punishable under Sections 498(A), 504, 323 and R/w 34 of
Indian Penal Code, 1860, pending on the file of Chief
Judicial Magistrate at Bengaluru. After completion of the
investigation, the respondent No.1 Police have filed the
charge sheet against this petitioner for aforementioned
offences and same was registered as C.C.No.19369/2024
pending on the file of XXXII Addl. Chief Judicial Magistrate,
Bengaluru City.
4. On the basis of the complaint dated 10.10.2023 lodged
by the respondent No.2 Smt. Namratha. K in turn the
respondent No.1 police have registered a case in Crime
No.247/2023 against her husband Bharath. B and her
father-in-law and this petitioner is husband of the de-facto
complainant. Hence, he arrayed as Accused No.1 in the
said crime.
5. It is submitted that, in meanwhile the petitioner herein has
filed the petition under section 13 (1) (i-a) of the Hindu
Marriage Act-1955 seeking dissolution of the marriage with
the respondent No.2 solemnized on 07.02.2021 at Sri.
Lakshmi Srinivasa Kalyana Mantapa, Nagawara, Bengaluru
as per the Hindu rites and customs. Same was registered
NC: 2025:KHC:3445
as MC No.6342/2023, on the file of Hon'ble II Addi Prl
Judge Family Court, at Bengaluru.
6. It is submitted that, due to irreconcilable differences and
incompatibility of temperaments, the petitioner's son and the
respondent No.2 have been living separately since
September 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 reunion amongst them. Hence, the petitioner
herein and the respondent No.2 have decided to get the
marriage between themselves dissolved by a decree of
divorce.
7. It is submitted that, both the parties state that they have a
son by name Trayaksh Badanapuram who is aged about 2
/2 years presently under the care and custody of the
respondent No.2/mother and that will continue, for that
petitioner has no objection. The petitioner/father is at liberty
to visit the minor child with prior Intimation to the respondent
No.2 on any Govt. holidays or any Sundays without
affecting the academics of the minor child and under the
supervision of the respondent No.2.
8. It is submitted that, The petitioner's son has agreed to
pay a sum of Rs.38,00,000/- (Rupees Thirty Eight Lakhs
Only) to the respondent No.2 towards claims of
maintenance/permanent alimony including the maintenance
of the minor child. Out of the said amount a sum of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) kept in the
fixed deposit in the name of the minor child. However the
respondent No.2 is at liberty to operate the account as a
guardian and she can utilize the periodical interest accrued
for the maintenance of the minor child and the respondent
No.2 has agreed not to withdraw the said fixed deposit
amount till the minor child attains majority.
9. It is submitted that, the petitioner herein has already paid
said sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) by
way of demand draft bearing No.009940 dated: 11.09.2024
drawn on HDFC Bank, World Trade Centere Branch. The
balance amount of Rs.23,00,000/- (Rupees Twenty Three
Lakhs Only) had already paid to the respondent No.2 by
way of demand draft bearing No.009939 dated: 11.09.2024
NC: 2025:KHC:3445
drawn on HDFC Bank, World Trade Centere Branch. The
above said demand drafts already handed over to the
respondent No.2 by the petitioner herein on 12.09.2024
before the Hon'ble II Additional Principal Judge Family
Court at Bengaluru.
10. It is submitted that, as per the memorandum of
settlement dated 12.09.2024 both the parties agreed that
they have no claims against each other of whatsoever
nature either past, present or future, including movable and
immovable properties belonging to each other and both the
parties states that they withdraw the allegations made
against each other.
11. It is submitted that, the respondent No.2 has agreed to
co- operate, for quashing/closing of the Crl.Pet.
No.12842/2023 and Crl. Pet. No.11268/2023 in Crime
No.247/2023 of Mahalakshmipuram Police Station filed
against the petitioner herein and his father.
12. It is submitted that, as per the memorandum of
settlement dated 12.09.2024 the Hon'ble II Additional
Principal Judge Family Court, Bengaluru was granted the
decree of divorce dissolving their marriage by its Judgment
and decree dated 12.09.2024 in M.C.No.6342/2023.
Wherefore the Petitioner and Respondent No.2 jointly pray
that this Hon'ble Court may kindly:
a) Quash the FIR registered in C.C.No.19369/2024, in
Crime No.247/2023 of Mahalakshmipuram Police Station,
Bengaluru for the offences punishable under Sections
498A, 504, 323 and R/w 34 of Indian Penal Code, against
the accused No.1/ the petitioner herein, pending on the file
of XXXII Chief Judicial Magistrate, Bengaluru.
b) Dispose of all proceedings related to the case to prevent
any further inconvenience or hardship to both parties.
c) Pass such other orders as this Hon'ble Court may deem
fit in the interest of justice and equity."
NC: 2025:KHC:3445
4. In view of the aforesaid settlement entered into
between the petitioner and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint
compromise petition dated 25.01.2025.
(ii) The FIR registered in C.C.No.19369/2024 in Crime
No.247/2023 of Mahalakshmipuram Police Station, Bengaluru
registered for the offences punishable under Sections 34, 498A,
504, 323 of IPC pending on the file of XXXII Addl. Chief Judicial
Magistrate, Bengaluru insofar as the petitioner is concerned are
hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
