Citation : 2026 Latest Caselaw 2627 Kant
Judgement Date : 25 March, 2026
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CRL.P No. 12175 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 12175 OF 2025
BETWEEN:
SUMI P @ GEETHU
D/O PARAMESHWARAN
AGED ABOUT 32 YEARS
RESIDING AT:
NAYARAMANNAM HOUSE
KARIMBATH
Digitally signed PANAYUR PO
by SANJEEVINI
J KARISHETTY
Location: High PALAKKAD DISTRICT
Court of
Karnataka
KERALA - 678 552
...PETITIONER
(BY SRI. G.L. MOHAN MAIYA, ADVOCATE)
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CRL.P No. 12175 of 2025
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AND:
BINESH P C
S/O CHANDRAN P
AGED ABOUT 36 YEARS
R/AT NO. 195,
FERNS RESIDENCY
NARAYANAPURA
BANGALORE - 560 077
...RESPONDENT
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH
THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN PCR
NO.55165/2024 FOR O/P/U/S 499,500,501 AND 503 OF IPC
NOW PENDING BEFORE HONBLE XI ACJM COURT, MAYO HALL
UNIT, BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 12175 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court, seeking the following
prayer:
"WHEREFORE, the Petitioner above named prays that this Hon'ble Court be pleased to quash the entire proceedings against the petitioner in PCR No.55165/2024 for offences punishable under sections 499, 500, 501 and 503 of Indian Penal code now pending before Hon'ble XXIX Addl. Chief Judicial Magistrate Court, Mayo Hall Unit, Bengaluru, in the interest of justice."
2. Heard Ms. Jeevana H. Reddy, learned counsel
appearing for the petitioner and have perused the material on
record.
3. It transpires that the parties in O.S.No.6737/2023
have settled the dispute amongst themselves by drawing up
certain terms of settlement, which includes the subject crime as
well. The memorandum of settlement so filed reads as follows:
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005
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The Plaintiff and defendant respectfully submits as follows:
I. The plaintiff herein has filed the above suit under Order VII Rule 1 of CPC against the defendants herein.
II. The marriage between the plaintiff and defendant no.1 was solemnized on 12/12/2021 at the house of defendant no.1 at Nayaramannam House, Karimbath, Panayur PO, Palakkad District, Kerala 678552 as Per Hindu Rites and Customs.
III. The defendant No.1 herein has deleted all the alleged comments/post that was posted in her facebook and any other social media platform against plaintiff herein are deleted and also undertakes to delete the defamatory comments made against plaintiff if any.
IV. The aforesaid suit was referred to mediation for resolving the dispute between the parties. In the course of mediation, the plaintiff and defendant and their respective counsels appeared and have resolved their dispute and have agreed to the following terms and conditions:
1. The plaintiff had filed a petition seeking nullity of the marriage between the plaintiff and defendant no.1, before the Ld. Principal Senior Civil Judge, Second Div., Bengaluru Rural District, Bengaluru as M.C. NO.
295/2023. Subsequently the said case was transferred to Family Court, Palakkad at Kerala and renumbered as-M.C.No.379/2023. In view of this settlement the plaintiff has agreed to withdraw the said petition and shall file the fresh petition seeking the relief of 'Nullity of marriage' solemnized between the defendant no.1 and plaintiff herein or appropriate case for the relief and the defendant no.1 shall give consent for the same.
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2. The Plaintiff had filed a private complaint in PCR No.55317/2023 before the Hon'ble XXIX Additional Chief Metropolitan Magistrate, Bengaluru and subsequently the Hon'ble Court took cognizance of the offence and directed the jurisdictional police to register an FIR and investigate the matter, based on which the jurisdictional police registered the FIR against the Defendant no.1 and others in Cr.No.0275/2023 for the offences punishable under sections 420, 495, 323, 504, 506 and 34 of IPC. Subsequent to the investigation, charge sheet was filed in CC No. 56346/2024 the same is pending before the Hon'ble XXIX Additional Chief Metropolitan Magistrate, Bengaluru. The defendant no.1 herein shall file the petition before Hon'ble High Court of Karnataka, seeking for quashing of proceedings in CC No. 56346/2024 and the plaintiff shall cooperate for the closure the said proceedings.
3. The plaintiff had also filed a private complaint in PCR No. 55165/2024 before Hon, 'be XI ACMM against the defendant herein for the offence punishable under section 499, 500, 501 and 503 of Indian Penal Code. Both the parties shall co-operate to withdraw/quashing proceedings in the aforesaid PCR No. 55165/2024 before the appropriate Court.
4. That the defendant no.1 has filed a criminal complaint against the plaintiff for offences punishable under sections 415, 420, 375 & 376 of IPC in Crime-no. 1125/2023 of Chittoor Police station, Palakkad District now pending before Judicial First Class Magistrate Court, Chittoor, Kerala. The Plaintiff herein has filed a petition under section 482 of Cr.P.C. seeking quashing of criminal proceedings in Crime no. 1125/2023 which is pending before the Hon'ble High Court of Kerala, Ernakulam In Crl.M.Appl. 01/2023 in Crl.MC.No.11264/2023. The defendant no. 1
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undertakes to co-operate in the said quashing proceedings.
5. That, the Defendant no.1 had initiated a criminal case against the Plaintiff for the offences punishable under section 498A of IPC in Crime No. 30/2023 before Chittoor Police station now pending before the Judicial First Class Magistrate Court, Chittoor in C.C. No. 148/2023. The plaintiff has filed petition seeking for quashing of the aforesaid case before the Hon'ble High Court of Kerala, Ernakulam in Crl.M.APPI.No.01/2023, in Crl.MC.No.6229/2023 The Defendant no.1 herein undertakes to co-operate in the quashing of the said criminal proceedings before Hon'ble High court of Kerala.
6. The defendant No.1 has filed a petition before First Class Magistrate, Palakkad, Kerala under section 12 of D.V. Act in M.C.No.128/2023. In view of this settlement the defendant No.1 undertakes to co-operate for the withdrawal/quashing the aforesaid case by filing necessary application/petition.
7. Both the parties agree that they have exchanged their valuables/gold ornaments.
8. The plaintiff has agreed to pay a sum of Rs.15,00,000/-(Rupees Fifteen Lakhs Only) to the defendant No.1 In full and final settlement through demand draft and the same shall be handedover to the defendant No.1 at the time of reporting settlement before the Hon'ble High Court of Kerala, Ernakulam for closure/quashing in Crl.M.Appl.01/2023 in Crl.MC.No.11264/2023 and Crl.M.APPI.No.01/2023in Crl.MC.No.6229/2023.
9. Both the parties state that apart from the above they have no pending cases against each other in any Court/authority. If any
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cases are pending both the parties undertakes to withdraw accordance with law.
10. Both the parties state that there is no claim over the movables and immovables belonging to each other either existing or to be acquired in future.
11. Both the parties hereby declare that they have no claim of any nature whatsoever against each other past, present or future.
12. The present agreement is being entered into by the parties on their own volition, without here being any coercion, undue influence or force having been exerted upon either of them, and after obtaining competent legal assistance from their respective advocates.
V. In view of the aforesaid agreement entered into between the parties, the parties pray that the Hon'ble Court be pleased to dispose of the above suit in terms of the above agreement.
VI. Parties will appear on 22.04.2025 before the Hon'ble Court for passing decree/ orders in terms of the agreement."
4. In the light of Memorandum of Settlement being
filed and offences not being against the State, I deem it
appropriate to accept the memorandum of settlement and
terminate the proceedings against the petitioner in the subject
petition.
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5. For the aforesaid reasons, the following:
ORDER
i. Criminal Petition is disposed.
ii. Proceedings in PCR No.55165/2024 pending
before the XXIX Additional Chief Judicial
Magistrate Court, Mayo Hall Unit, Bengaluru,
stand quashed qua the petitioner.
Sd/-
(M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 5
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