Sri Y K Santhosh vs Smt N Shruthi
2025 Latest Caselaw 1120 Kant

Karnataka High Court

Sri Y K Santhosh vs Smt N Shruthi on 16 July, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                         CRL.RP No. 695 of 2025


                      HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 16TH DAY OF JULY, 2025

                                              BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                          CRIMINAL REVISION PETITION No. 695 OF 2025

                      BETWEEN:

                         SRI Y K SANTHOSH
                         S/O Y.N.KANTHARAJU
                         AGED ABOUT 36 YEARS
                         R/AT No. 24, NAGARTHAR PETE
                         ANEKAL TALUK - 562 106
                         BANGALORE.
                                                                  ...PETITIONER

                      (BY SRI BASAVANNA M D, ADVOCATE)

                      AND:
Digitally signed by
LAKSHMINARAYANA          SMT. N SHRUTHI
MURTHY RAJASHRI
                         D/O C. NAGARAJU
Location: HIGH
COURT OF                 AGED ABOUT 30 YEARS
KARNATAKA                R/AT No. 27/35, SAMRUDHI NILAYA
                         1ST CROSS, 1ST WARD
                         GANAPATHI EXTENSION
                         SURABHI LAYOUT
                         YALAHANKA TOWN
                         BANGALORE - 65.
                                                                 ...RESPONDENT

                      (BY SRI SHIVASHANKAR K, ADVOCATE)
                           THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
                      SECTION 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT
                      AND ORDER PASSED IN CRL.MISC.No.27/2018, DATED
                      15.02.2024 ON THE FILE OF METROPOLITAN MAGISTRATE
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                                                     NC: 2025:KHC:26314
                                                 CRL.RP No. 695 of 2025


HC-KAR




(TRAFFIC-VI), BANGALORE AND CONSEQUENTLY, TO SET
ASIDE    AND   JUDGMENT   AND    ORDER  PASSED   IN
CRL.APL.No.522/2024 DATED 01.04.2025 ON THE FILE OF
LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE (CCH-69) THEREBY.

    THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


                         ORAL ORDER

The petitioner and his counsel are present.

2. The respondent and her counsel are present.

3. Joint memo is filed and it is signed by the

petitioner, respondent and their respective counsels.

Terms of the settlement are stated in para No.6 of the

joint memo and they reads thus;

"a) In view of the settlement, the respondent is ready and agreed to receive for sum of Rs.35,00,000/- (Rupees Thirty-Five Lakhs only) from the petitioner and his family members as permanent alimony for herself and her minor child by way of demand draft vide No.462667, dated 08.07.2025, drawn on Canara Bank, Anekal Branch, Bangalore Urban District.

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b) In view of receipt of sum of Rs. 35,00,000/- (Rupees Thirty-Five Lakhs only) from the petitioner and his family members the respondent hereby undertakes and agrees that, she will deposit for sum of Rs. 5,00,000/- (Rupees Five Lakhs only) in the name of minor child and she will not withdraw the said amount till her attains majority or her marriage as guidelines issued by the Hon'ble Supreme Court of India and xerox copy of the deposit receipt sent to the petitioner or his counsel.

c) The respondent herein undertakes and agrees that, she will not claim any property rights over the petitioner or his family members if any in future in view of receipt of permanent alimony for herself and her minor child in future before any court of law.

d) The respondent herein agrees that, proceeding held in M.C.No.5003/2020, on the file of District and Session Judge at Anekal, Bangalore Rural District, dated 21.12.2021, regarding dissolve of marriage held between petitioner and respondent which was solemnized and celebrated on 01.07.2013. That apart the respondent

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undertakes not to file any appeal against said judgment dated 01.07.2013 in future since it is already attains finality.

e) It is submits that, in view of settlement arrived between the parties the respondent is already retained gold ornaments (Approximately more than 100 Gms) given by petitioner and his family members in her favour during the time of her marriage.

f) It is submits that, today she has received gold ornaments from the petitioner and his family members (approximately more than 80 gms) from the petitioner and his family members and further whatever the items given to her at the time of marriage, the respondent is entitle to retain the same. In this regard there is no claim made by the petitioner in future.

g) It is submits that, in pursuance of settlement arrived between the parties, the respondent is ready and willing to withdraw all the criminal proceedings pending between the petitioner and respondent before court of law at present and past. (Particularly Crl.Mis.Petn.No.27/2008 and subsequent proceedings i.e., Crl.Mis.Petn.No.74/2024). It is further agrees

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that, the respondent will not claim further maintenance or any kind of monitory benefits from petitioner and his family members.

h) It is submits that, the respondent herein undertakes to withdraw the proceedings pending against the petitioner and his family members in C.C.No.14913/2018, on the file of 7th ACM at Bangalore immediately and forthwith.

i) It is submits that, the parties in this deed shall sign all such necessary papers, instrument etc., if required in future to perfect deed between parties in respect of resolved the problems existing between the parties.

j) It is submits that, the contents of this joint memo is read over, translated, explained to the respective parties and after understands by the parties and signed the same before this Hon'ble Court. This settlement arrived between the parties is not any of kind of coercion or undue influence made by any parties."

4. In terms of settlement, the respondent reports

receipt of Demand Draft for a sum of Rs.35,00,000/-

(rupees Thirty Five Lakhs only) from the petitioner. Out of

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the said amount, the respondent undertakes to deposit a

sum of Rs.5,00,000/- (rupees Five Lakhs only) in the

name her minor child and she will not withdraw the said

amount till minor attains majority.

5. In view of the above, this Criminal Revision

Petition is disposed of in terms of joint memo.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP