Karnataka High Court
Sri Raphael Maxel Thekkiniyath vs State Of Karnataka on 9 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:25272
CRL.P No. 462 of 2025
C/W CRL.P No. 129 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 462 OF 2025 (482(Cr.PC) / 528(BNSS)
C/W
CRIMINAL PETITION NO. 129 OF 2025 (482(Cr.PC) / 528(BNSS)
IN CRL.P No. 462/2025
BETWEEN:
SRI RAPHAEL MAXEL THEKKINIYATH
S/O T F RAPHAEL,
AGED ABOUT 40 YEARS,
R/AT WINDSOR CASTLE,
THEKKINIYATH HOUSE,
HOLY ANGELS ROAD, OLLUR,
THRISSUR DIST 6803061.
...PETITIONER
(BY SRI. SANTOSH B Y.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BYAPPANAHALLI POLICE STATION,
Digitally
signed by REPRESENTED BY STATE PUBLIC PROSECUTOR,
CHANDANA HIGH COURT OF KARNATAKA,
BM BENGALURU - 560 001.
Location:
High Court of
Karnataka 2. SMT SRUTHY TRESA ANTONY
AGED ABOUT 40 YEARS,
D/O SRI M P ANTONY,
R/O FLAT NO. 3C, LAZARUS ENCLAVE,
15, CAMPBELL ROAD, AUSTIN TOWN,
BENGALURU - 560 047.
...RESPONDENTS
(BY SRI. SANTHOSH.B.V, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO SET ASIDE THE ORDER DATED 27.11.2017 PASSED BY THE
HONBLE X ADDL. CJM, BENGALURU, TAKING COGNIZANCE OF THE
OFFENCES AS AGAINST THE PETITIONERS IN CC.NO.60135/2017 FOR
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NC: 2025:KHC:25272
CRL.P No. 462 of 2025
C/W CRL.P No. 129 of 2025
HC-KAR
THE OFFENCE P/U/S 341, 323, 354, 504 AND 506 OF IPC, AS PER THE
ANNEXURE-D AND ETC.
IN CRL.P NO. 129/2025
BETWEEN:
SRI RAPHAEL MAXEL THEKKINIYATH
AGED ABOUT 40 YEARS
S/O T F RAPHAEL
R/AT WINDSOR CASTLE
THEKKINIYATH HOUSE
HOLY ANGELS ROAD, OLLUR
TRISSUR DISTRICT 6803061
...PETITIONER
(BY SRI. SANTOSH B Y.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BYAPPANAHALLI POLICE STATION
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU.
2. SMT SRUTHY TRESA ANTONY
AGED ABOUT 40 YEARS
D/O SRI M P ANTONY
R/O FLAT NO.3C, LAZARCUS ENCLAVE
15 CAMPBELL ROAD , AUSTING TOWN
BENGALURU - 560 047.
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1
SMT. BINDU, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY
PRAYING TO SET ASIDE THE ORDER DATED 12.11.2019 PASSED BY THE
HONBLE X A.C.J.M BENGALURU TAKING COGNIZANCE OF THE
OFFENCE AS AGAINST THE PETITIONERS IN C.C.NO.57868/2019 FOR
THE OFFENCE P/U/S 341,323,354,509,506 OF IPC AS PER THE
ANNEXURE-D.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:25272
CRL.P No. 462 of 2025
C/W CRL.P No. 129 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In Crl.P.No.462/2025, petitioner seeks for the following reliefs:
a) Set aside the order dated 27-11-2017 passed by the Hon'ble X Addl Chief Judicial Magistrate, Bengaluru, taking cognizance of the offences as against the petitioners in CC No. 60135/2017 for the offence punishable under section 341, 323, 354, 504 and 506 of IPC, as per the Annexure-
D.
b) Quash the entire proceedings in CC No. 60135/2017 for the offences punishable under section 341, 323, 354, 504 and 506 of IPC as against the petitioner, pending before the Hon'ble X Addl Chief Judicial Magistrate, Bengaluru, as per Annexure-E.
c) Pass such other orders or directions as this Hon'ble court deem it fit and proper in the fact and circumstances of the case in the interest of justice and equity.
In Crl.P.No.129/2025, petitioner seeks for the following reliefs:
a) Set aside the order dated 12-11-2019 passed by the Hon'ble X Addl Chief Judicial Magistrate, Bengaluru, taking cognizance of the offences as against the petitioners in CC No. 57868/2019 for the offence punishable under section -4- NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR 341, 323, 354, 509 and 506 of IPC, as per the Annexure-
D.
b) Quash the entire proceedings in CC No. 57868/2019 for the offences punishable under section 341, 323, 354, 509 and 506 of IPC as against the petitioner, pending before the Hon'ble X Adll Chief Judicial Magistrate, Bengaluru, as per Annexure-E.
c) Pass such other orders or directions as this Hon'ble court deem it fit and proper in the fact and circumstances of the case in the interest of justice and equity.
2. Learned counsel for the petitioner has filed a Memo dated 09.07.2025, which reads as under:-
MEMO The counsel for the petitioner most respectfully prays this Hon'ble High Court of Karnataka that in MFA No.4734/2022 (IDA) which the petitioner have filed have been settled in full and final settlement between petitioner and respondent No.2 and now the petitioner is producing the certified copy of the MFA 4734/2022 vide order dated 9th June 2025, hence this memo may be taken on record in the ends of justice and equity.
3. Petitioner - accused and respondent No.2 - complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Memo and the settlement arrived at between them in the aforesaid judgment -5- NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR rendered by the Hon'ble Division Bench of this Court in MFA No.4734/2022 Dated 09.06.2025, which reads as under:-
Appellant, respondent and their respective counsel are present. Parties are duly identified by their respective counsel.
2. Parties submit the compromise petition under Order XXIII Rule 3 of CPC along with demand draft bearing No.807645 for Rs.40,00,000/- drawn on South Indian Bank Limited, Ollur Branch Kerala, in favour of respondent/wife.
The said demand draft is handed over to the respondent and she acknowledges receipt of the same.
3. Heard the parties on the compromise petition. Parties admit voluntary execution of the compromise petition and the terms of the same. The terms of compromise read as follows:
" COMPROMISE PETITION UNDER ORDER XXIII, RULE 3 OF CODE OF CIVIL PROCEDURE The appellant and the respondent, most respectfully submits as follows:
1. They submit that the appellant have challenged the judgement and decree of divorce passed by the Hon'ble Principal Family Judge, Bangalore in MC No. 3078/2016 dated 03-10-2018.
2. The appellant and the respondent submit that during the pendency of this appeal, both the appellant and the respondent due to intervention of elders and well-wishers have amicably settled their disputes.-6-
NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR
3. Both parties hereby acknowledge and agree that the judgment and decree for divorce dated 03.10.2018, passed in MC No. 3078/2016, is final. The said judgment and decree shall not be contested or reopened under any circumstances.
4. It is mutually agreed that appellant shall pay a sum of Rs.40,00,000/-(Rupees Forty Lakhs only) to respondent as full and final settlement towards permanent alimony, in lieu of the previously ordered amount of Rs.50,00,000 (Rupees Fifty Lakhs). On this day, the appellant as paid a sum of Rs.40,00,000 (Rupees Forty Lakhs) vide Demand Draft bearing No.807645, drawn on The South Indian Bank Limited, Ollur Branch, Kerela favouring Sruthy Tresa Antony (respondent), the respondent acknowledges the receipt of receiving the same.
5. The respondent as agreed to withdraw the following pending cases, a. Execution Petition No. 65/2021 pending before the Family Court in Thrissur, Kerala b. Crl. Misc. No. 850/2019, pending before the II Addl. Family Court, Bangalore c. Crl. Misc. No. 122/2022, pending before the II Addl. Family Court, Bangalore d. Crl Misc. No. 155/2022 pending before the II Addl. Family Court, Bangalore.
6. The respondent shall cooperate and provide her consent for quashing of the criminal cases pending against the -7- NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR appellant before the Hon'ble High Court of Karnataka, as detailed below:
a) The appellant has filed Criminal Petition No. 462/2025 before this Hon'ble Court seeking to quash C.C. No. 60135/2017, arising out of Crime No. 332/2016 registered by the Byappanahalli Police Station for offences punishable under Sections 341, 323, 354, 504, and 506 of the Indian Penal Code, which is currently pending before the Hon'ble X Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru; and
b) Criminal Petition No. 129/2025, filed for quashing of C.C. No. 57868/2019, arising out of Crime No. 54/2018 registered by the Byappanahalli Police Station for offences punishable under Sections 341, 323, 354, 506, and 509 of the Indian Penal Code, which is also pending before the Hon'ble X Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru.
7. It is agreed between the parties that the respondent shall remain the sole legal guardian and custodian of the minor child as per the order in G &WC No. 177/2016 passed by the Hon'ble Prl. Family Judge, Bengaluru.
8. The Visitation arrangements agreed between the parties be the minor child Master. Roderick Leviz Maxel are as follows:
a. The appellant shall have the unfettered assets the inci chín from 11:00 AM to 6:30 PM on every Second Sunday -8- NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR and Fourth Sunday (on mutual understanding the timings and days or visitation can be modified) b. The appellant shall pick up and drop off the minor child in a timely manner. The minor child shall not be sent back alone via public transport/cab under any circumstances.
9. The respondent agrees to accept the aforementioned alimony as full and final settlement of all her claims against the appellant, the respondent further undertakes not to seek any additional maintenance or monetary relief, either in her favour now or in the future, in contravention of this compromise petition. The respondent is at liberty to seek any additional educational expenses towards the minor child and provide receipts for the same. The appellant has agreed to cover the entire medical expenses of the minor child till he settles in his life.
10. It is submitted that, pursuant to the order dated 12.09.2019 passed in Crl. Misc. No. 546/2017 by the Hon'ble II Additional Principal Judge, Family Court, Bengaluru, the appellant was directed to pay Rs.50.000 (Rupees Fifty Thousand only) per month towards the maintenance of the minor child. However, in view of the amicable settlement now arrived at between the parties, the respondent has agreed to receive a reduced amount of Rs.25,000/- (Rupees Twenty- Five Thousand only) per month towards the maintenance of the minor child, includes school fees and child support. Accordingly, the appellant has agreed to pay Rs.25,000/- per month from the date of signing this compromise, which shall continue until the child completes education or till he settles -9- NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR in his life. The said maintenance amount shall be paid or transferred by the appellant to the bank account specified by the respondent on or before the 5th of every calendar month. The respondent further undertakes not to claim or initiate any proceedings for recovery of arrears of maintenance as directed under the order dated 12-09-2019 passed by the Hon'ble II Additional Principal Judge, Family Court, Bengaluru in Crl. Misc. No. 546/2017. The appellant agrees to withdraw the petition filed in RPFC No. 265/2023, which is presently pending before this Hon'ble Court.
11. All disputes, cases, or proceedings of any nature currently pending before any courts, or other forums between the parties shall be withdrawn by the respective parties. The respondent also agrees to withdraw all allegations made against the appellant in any pleadings or proceedings, and undertakes that no further allegations of any nature shall be made against him. Similarly, there shall be no allegations made against respondent.
12. By accepting this compromise, the respondent waives any and all claims against the appellant, his family members, and their assets, both present and future. Furthermore, the respondent agrees to refrain herself from making any claims, against movable or immovable properties of the appellant or his family either existing or acquired in future. The property rights of the minor child is kept open.
13. This compromise is entered into without any coercion, undue influence, force or pressure from anyone and full knowledge and understanding.
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NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR
14. The respondent submits that the application filed under section 151 of CPC pending in MFA No. 1839/2020(GW) seeking modification of the visiting rights granted by this Hon'ble court, be dismissed as not pressed.
Wherefore, the appellant and the respondent, most respectfully pray that this Hon'ble court be pleased to dispose of the appeal in terms of this compromise in the end of Justice and equity."
4. Respondent-wife admits that she has agreed to give up all her rights for maintenance and received the aforesaid demand draft in full and final settlement of her claim. Both parties have agreed that appellant shall pay Rs.25,000/- to their son for his maintenance and other educational expenses and custody of the child shall remain with the respondent as stated in the compromise petition. Further respondent has agreed to withdraw the cases filed by her against the appellant before the Family Court, Trissur and Bengaluru.
5. Satisfied that the compromise is voluntary one and admissible in law. Hence the same is recorded. The appeal deserves to be allowed accordingly. Hence the following:
ORDER Appeal is allowed.
The impugned judgment and decree in M.C. No.3078/2016 on the file of Principal Judge, Family Court, Bengaluru is hereby set aside.
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NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR M.C.No.3078/2016 on the file of Principal Judge, Family Court, Bengaluru is hereby allowed in terms of the compromise petition.
The marriage of the appellant and respondent solemnized on 29.12.2007 at St.Antony's Forance Church, Ollur, Trissur, Kerala is hereby dissolved.
Draw decree accordingly.
In view of the compromise, pending applications in MFA Nos.4734/2022 and 1839/2020 stood disposed of.
4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
ORDER
(i) Both Crl.P.No.462/2025 and Crl.P.No.129/2025 are hereby disposed of in terms of the aforesaid judgment rendered in MFA No.4734/2022 Dated 09.06.2025.
(ii) In Crl.P.No.462/2025, the proceedings in C.C.No.60135/2017 arising out of Crime No.332/2016 registered by the 1st respondent - Police for the offences punishable under Sections 323, 341, 354, 504 and 506 of IPC, pending on the file of X Addl.CJM, Bangalore, insofar as the petitioner is concerned are hereby quashed.
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NC: 2025:KHC:25272 CRL.P No. 462 of 2025 C/W CRL.P No. 129 of 2025 HC-KAR
(iii) In Crl.P.No.129/2025, the proceedings in C.C.No.57868/2019 arising out of Crime No.54/2018 registered by the 1st respondent - Police for offences punishable under Sections 323, 341, 354, 506 and 509 of IPC, pending on the file of X Addl.CJM, Bangalore, insofar as the petitioner is concerned are hereby quashed.
(iv) It is made clear that if either of the parties violates any of the terms and conditions mentioned in the aforesaid compromise petition, liberty is reserved in favour of both the parties to seek revival of the present petitions.
(v) It is further made clear that in the event, if the petitioner does not pay the monthly maintenance as stated in the aforesaid compromise petition, liberty is reserved in favour of the 2nd respondent to seek recalling of this order and revival of these petitions.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Srl.