Karnataka High Court
Shri Shanmuganathan A vs State Of Karnataka on 22 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:27708
CRL.P No. 2829 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 2829 OF 2024 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. SHRI SHANMUGANATHAN A.,
S/O G. AMRITHALINGAM
AGED ABOUT 38 YEARS
2. SMT. BHANUMATHI
W/O AMRITHALINGAM
AGED ABOUT 68 YEARS,
PETITIONER NOS.1 AND 2 ARE
RESIDING AT NO 90,
G A LINGAM HOUSE,
1ST MAIN, 2ND CROSS,
N. R. LAYOUT, VIJAYAPURA
BANGALORE - 560 016
...PETITIONERS
(BY SRI. ANIL GHOSH G. R., ADVOCATE)
Digitally
signed by
CHANDANA B AND:
M
Location: 1. STATE OF KARNATAKA
High Court of BY SHO, RAMAMURTHY NAGARA POLICE STATION,
Karnataka REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
2. SMT. SANGEETHA
AGED ABOUT 37 YEARS
RESIDING AT NO. 90 G.A. LINGAM HOUSE,
1ST MAIN, 2ND CROSS, N R LAYOUT,
VIJINAPURA,
BENGALURU - 560 016
-2-
NC: 2025:KHC:27708
CRL.P No. 2829 of 2024
HC-KAR
PREVIOUS / EARLIER ADDRESS:
NO.31, "SRI BALAJI NILAYA"
1ST CROSS, TRINITY ENCLAVE,
BANJARA LAYOUT,
BENGALURU - 560 031
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
SMT. JANANI S. R., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.55699/2014 ON
THE FILE OF C/C XTH ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, MAYO HALL AT BENGALURU, ARISING OUT OF
CR.NO.577/20132 REGISTERED BY THE FIRST RESPONDENT
RAMAMURTHY NAGAR P.S., BENGALURU, ON THE COMPLAINT
MADE BY THE SECOND RESPONDENT FOR OFFENCE
PUNISHABLE UNDER SECTION 3 AND 4 OF D.P. ACT, 1961 AND U/S
498A AND 506 R/W 34 OF IPC, 1860 AGAINST THE PETITIONERS
AND PASSING OF SUCH OTHER RELIEF OR ORDER UNDER THE
CIRCUMSTANCES OF THE CASE.
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, the petitioners seek the following reliefs:
(a) Quash the entire proceedings in C.C No.55699/2014 on the file of C/C X Additional Chief Metropolitan Magistrate, mayo Hall at Bengaluru. Arising out of Crime No.577/2013 Registered by the first respondent Ramamurthy Nagar P.S, Bengaluru. on the complaint made by the Second Respondent for offences punishable under -3- NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR Sections 3 & 4 of Dowry Prohibition Act, 1961 and under sections 498(A) & 506 R/w 34 of the Indian Penal Code 1860 against the petitioners. And passing of such other relief or order under the circumstances of the case, In the interest of justice."
2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
3. A perusal of the material on record will indicate that parties have entered into settlement and marriage between the petitioner-Shanmuganathan A and respondent No.2 - Sangeetha S has been dissolved vide order dated 29.06.2019 in M.C.No.5964/2018 on the file of the Principal Judge, Family Court, Bengaluru.
4. The order dated 29.06.2019 in M.C.No.5964/2018 on the file of Principal Judge, Family Court, Bengaluru, reads as under:
"Case is taken on today's board as per the advancement application filed by the petitioners' counsel.
Petitioner No.1 and No.2 and their counsel present.-4-
NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR Mediation report is received.
This petition is filed u/s 13-B of Hindu Marriage Act. The marriage of the petitioners was solemnized on 3.9.2012 at SSR Kalyana Mantapa, 5th Main, B Channasandra Main Road, OMBR Layout, Banaswadi, Bengaluru, as per Hindu rites and customs.
Both petitioners are living separately for more than 5 years, due to irreconcilable differences and incompatibility of temperaments.
The petitioners have a girl child by name Kirtana Sai aged about 6 years, presently under the care and custody of the 2nd petitioner/mother and continue to be so in future, for which the 1st petitioner/father has no objection. The 1st petitioner has given visitation rights of the minor daughter Kirtana Sai on 1st Sunday of every month in terms of para-3 of Memorandum of settlement.
In terms of the settlement, the 1st petitioner has agreed to pay Rs.15 lakhs as permanent alimony for the 2nd petitioner and maintenance of the minor child. Out of the agreed amount, the 1st petitioner has already paid Rs.5 lakhs to the 2nd petitioner by way of DD bearing No.001310, dt.31.10.2018 and the 2nd petitioner acknowledged the receipt of the same. The 1st petitioner has taken LIC Single Premium Endowment Plan in respect of balance permanent alimony amount for a sum of Rs.10, 15,583/- in the name of the minor daughter Kirtana Sai and nominee is the 2nd -5- NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR petitioner, which will be matured on 4.5.2033, and Kirtana Sai is entitled to receive the proceeds of LIC policy upon its maturity. The original Policy is handed over to the 2nd petitioner.
The petitioners have already exchanged their articles and other personal belongings.
In terms of the settlement, the 2nd petitioner has agreed to withdraw Crl.Misc.No.149/2014, pending on the file of ACMM II, Bengaluru and agreed to cooperate with the 1st petitioner for quashing of CC No.55699/2014.
The contents of the memorandum of settlement are read over and explained to both the petitioners. Both the petitioners agreed that they have given consent with free will and volition and without any force and coercion and have voluntarily agreed to dissolve their marriage by mutual consent and request the Court to record the settlement and to allow the petition. Hence, I proceed to pass the following:
ORDER The memorandum of settlement entered into by the petitioners under Sec.89 of C.P.C is hereby recorded and accepted.
The petition filed u/s 13-B of Hindu Marriage Act is allowed. The marriage of the petitioners solemnized on 3.9.2012 at SSR Kalyana Mantapa, 5th Main, B Channasandra Main Road, OMBR Layout, Banaswadi, Bengaluru, is hereby dissolved by granting decree of divorce.-6-
NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR The memorandum of settlement shall be treated as part and parcel of the decree.
Draw decree accordingly."
5. The memorandum of settlement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 duly signed by petitioner-
Shanmuganathan A., and respondent No.2-Sangeetha S., along with their respective counsel reads as under:
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
The parties above named beg to submit as follows:-
1. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, they have resolved their dispute and have agreed to the following terms and condition:.
1. The parties are Hindus. The marriage between them was solemnized as per Hindu rites and customs on 03.09.2012 at SRR Kalyana Mantapa, 5th Main, B.Channasandra Main Road, OMBR Layout, 60ft Road, Banasawadi, Bangalore 560 043, as per Hindu rites and customs. Through the said marriage the parties have girl child who was named as Samritha S has since been renamed as Kirtana Sai. The said daughter is presently -7- NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR staying with the 2nd petitioner. The 2nd petitioner has lodged a police complaint against the 1st petitioner and his mother with the jurisdictional police on the ground of demand of dowry etc., which has since been numbered as C.C.No.55699/2014 pending on the file of X ACCM, Mayohall, under Section 498-A of IPC r/w Section 3 & 4 of the DP Act. The 2nd petitioner has also filed a petition under Section 12 of the DV Act which is pending consideration before the II MMTC, Bengaluru in Crl.Misc.149/2014. The 1st petitioner had filed a petition under Section 9 of the HM Act against the 2nd petitioner seeking restitution of conjugal rights.
2. The parties agree that since the time of marriage, there has been no understanding between them and that they were frequently entering into arguments on all issues.
So much so there has been no compatibility between them and as a consequence thereof parties have living separately since more than 5 years from now. The parties have realized that their marriage has broken down irretrievably and there is no chances of them coming together. Despite the efforts of the elder of both families and well wishers, there is no possibilities of the parties coming together and leading a normal life. In the circumstances, the parties have agreed to part ways and to lead a peaceful life without reference to one another. Therefore both parties have agreed for dissolution of their marriage by grant of divorce by mutual consent.
3. The 1st petitioner has agreed for the minor daughter Miss. Kirtana Sai to be in care and custody of the 2nd -8- NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR petitioner. However the 1st petitioner shall have the right of visitation of the minor daughter as under:-
a) The 1st petitioner shall visit his minor daughter Ms. Kirtana Sai on the first Sunday of every month only.
b) That the minor child shall be brought by the 2nd petitioner or law to the BBMP Park situated at her sister/her brother Horamavu Circle, Bengaluru at about 10.00AM and enable the 1st petitioner to have visitation right from 10.00AM to 2.00 P.M.
c) The 1st petitioner shall not be entitled to take the child outside the said BBMP Park under any circumstances, except having the right to visitation of the child within the park premises.
d) The 1st petitioner can bring any food articles which are not harmful for the consumption of the child and offer it to the child and in case the child were to refuse to receive the food items, the 1st petitioner shall not force or compel the child to consume the same.
e) The 1st petitioner shall be at liberty to give to the child any toys, cloths etc., to the child.
f) The 2nd petitioner shall inform the 1st petitioner if there is a change in visitation of the child on first Sunday of every month well in advance, so that the parties can fix/postpone the visitation for the next Sunday of the same month. However the 2nd petitioner shall ensure that the 1st petitioner shall have visitation of the child either on first Sunday or Second Sunday without fail.-9-
NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR
g) The parties agree that it shall be open to the 1st petitioner to pay school fees or the expenses towards the clothes and education of the minor child not withstanding the alimony which is paid in terms of this agreement.
h) Both parties agree to give effect to the right of visitation without giving room for any kind of disagreement or differences in that behalf.
4. The 1st petitioner had agreed to pay Rs.15,00,000/- (Rupees Fifteen Lakhs Only) as permanent alimony for the 2nd petitioner and the minor daughter. On the date of filing of this petition, the 1st petitioner has already paid a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the 2nd petitioner by D.D. bearing No.001310 dated 31.10.2018 and 2nd petitioner acknowledges having received the same. So far as the balance alimony is concerned, the 1st petitioner has taken LIC Single Premium Endowment Plan bearing Policy No.60831474, dated 04.05.2019 for a sum of Rs.10,15,583/- (Rupees Ten Lakhs Fifteen Thousand Five Hundred and Eighty Three Only) in the name of the minor daughter Ms.Kirtana Sai and the nominee is the 2nd petitioner therein. The said policy matures on 04.05.2033 and the proceeds of the policy upon its maturity shall be received by Ms. Kirtana Sai, the daughter of the parties herein. It is further agreed that if the said daughter were to join the 1st petitioner before or immediately after attaining the age of majority and before the maturity of the aforesaid policy, in that case the 2nd petitioner Smt. Sangeetha shall be entitled to receive the maturity/proceeds of the aforesaid policy. The original policy
- 10 -
NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR is handed over by the 1st petitioner to the 2nd petitioner before this Hon'ble Court.
5. The 2nd petitioner agrees and undertakes that having received the aforesaid sums of money in the form as stated above, neither the 2nd petitioner not her minor daughter Ms. Kirtana Sai would be entitled to any kind of maintenance or alimony or any other sums of money under any other heads from the 1st petitioner. Inasmuch as the money received from the 1st petitioner, in terms of this agreement is in full and final settlement of all the claims of the 24 petitioner and her minor daughter Ms. Kirtana Sai.
6. Both the petitioners have no further claims of any nature whatsoever against each other past, present or future or in respect of the moveable or immoveable properties of each other existing or to be acquired in the future.
7. The parties have already exchanged their respective articles and there are no claims in this regard against each other.
8. The parties have agreed not to interfere in the lives of each other in future.
9. There is no collusion or connivance or fraud or coercion or undue influence between or upon the petitioners in entering into this agreement.
10. In view of the aforesaid agreement between the parties, the 2nd petitioner has agreed to withdraw Crl.Misc.149/2014 pending on the file of II MMTC, Bengaluru. The 2nd petitioner shall also cooperate with the 1st
- 11 -
NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR petitioner for quashing of C.C.55699/2014 as and when the 1st petitioner files a petition under Section 482 Cr.P.C before the Hon'ble High Court of Karnataka at Bangalore. The 2nd petitioner has agreed to withdraw the petition file by him under Section 9 of HM Act for restitution of conjugal rights.
II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized 03.09.2012 at SRR Kalyana Mantapa, 5th Main, B. Channasandra Main Road, OMBR Layout, 60ft Road, Banasawadi, Bangalore - 560 043, by granting a decree of Divorce in terms of the aforesaid agreement.
III. Parties will appear on 29.06.2019 before the Court for passing orders in terms of the agreement."
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 the order dated 29.06.2019 in M.C.No.5964/2018 on the file of Principal Judge, Family Court, Bengaluru and memorandum of settlement dated 22.06.2019.
(ii) The proceedings in C.C.No.55699/2014 (arising out of Crime No.577/2013 of 1st respondent - Police) registered for the
- 12 -
NC: 2025:KHC:27708 CRL.P No. 2829 of 2024 HC-KAR offences punishable under Sections 498A and 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of C/C X Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru insofar as the petitioners are concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 1