SRI. S KUSHAL RAJ vs. THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ST
DATED THIS THE 21 DAY OF JANUARY, 2026


BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 1508 OF 2026 (GM-RES)

BETWEEN:

1. SRI. S KUSHAL RAJ
AGED ABOUT 40 YEARS
S/O SRI. SHANTARAJ,
R/A NO.384, GROUND FLOOR,
8TH MAIN, II STAGE, 'A' BLOCK,
MALLESHWARAM WEST,
BENGALURU 560 055.

2. SMT. MANJULA
(ACTUALLY, KNOWN AS
SMT. M.S. RAJARAJESHWARI)
AGED ABOUT 62 YEARS,
W/O SRI. SHANTARAJ, R/A NO.384,
GROUND FLOOR, 8TH MAIN,
II STAGE, 'A' BLOCK,
MALLESHWARAM WEST,
BENGALURU 560 055.

3. SRI. M.S. VIJAYASARATHY
AGED ABOUT 55 YEARS
S/OF LATE SRI. M.V. SIVANANJAPPA
R/A GIRIAMMA, NO. 405,
GROUND FLOOR, 7TH MAIN, II STAGE,
'A' BLOCK, MALLESHWARAM WEST,
BENGALURU 560 055.

4. SMT. M.S. SHANTHALA
AGED ABOUT 53 YEARS,
W/O. SRI. A. DEVABHANU,










Digitally
signed by
NAGAVENI
Location:
High Court
of Karnataka



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R/A NO.316(16), ABHISTA NILAYA,
9TH MAIN, II STAGE, 'A' BLOCK,
MALLESHWARAM WEST,
BENGALURU 560 055.
…PETITIONERS
(BY SRI. SATYANARAYAN CHALKE., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
REP. BY SHO
BHADRAVATHI OLD TOWN POLICE STATION
REP. BY SPP
HIGH COURT BUILDING
DR.B.R.AMBEDAKAR VEEDHI
BENGALURU - 560 001

2. SMT.SWETHARANI S.B.
AGED ABOUT 38 YEARS,
W/O MR.KUSHAL RAJ
D/O SRI.BETTEGOWDA
R/AT ANUGRAHA NILAYA 2ND CROSS
SIDDARUDA NAGARA
BHADRAVATHI
SHIVAMOGA - 577301
…RESPONDENTS
(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1;
SMT. ANURADHA S.K., ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENTIRE FIR IN CRIME NO. 0038/2022 DATED 31.03.2022 OF
THE R1 POLICE STATION REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTION 498-A, 504 AND 506 READ
WITH SECTION 34 OF THE IPC AND FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 3 AND 4 OF THE DOWRY
PROHIBITION ACT IN SO FAR AS THE PETITIONERS ARE
CONCERNED ANNEXURE-A.

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


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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court calling in question
registration of a crime in crime No.0038/2022 registered for the
offence punishable under Sections 498-A, 504 and 506 read
with Section 34 of the Indian Penal Code, 1860 ('the IPC' for
short) and Sections 3 and 4 of the Dowry Prohibition Act.

2. Heard Sri. Satyanarayan Chalke, learned counsel
appearing for the petitioners, Sri. Vinay Mahadevaiah, learned
High Court Government Pleader appearing for respondent No.1
and Smt. Anuradha S.K., learned counsel appearing for
respondent No.2 and have perused the material on record.

3. The parties to the lis were also before the Family
Court in M.C.No.1559/2022 and have settled the dispute
amongst themselves before the Family Court by terms of
settlement. One of the term of the settlement is, closure of the
present proceedings. The said term in the settlement reads as
follows:


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d. Cri Misc No. 175/2022 pending on the file of
II Additional Civil Judge and JMFC,
Bhadravathi, seeking maintenance under DV
Act, Initiated by Respondent against the
petitioner and others.

e. Crl Misc No. 180/2024, pending on the file of
II Addl Civil Judge and JMFC, Bhadravathi,
seeking maintenance under DV Act, Initiated
by Respondent against the petitioner and
others.

3. It is submitted that the parties have been
duly advised by their common friends and
relatives to settle the matter amicably.
Accordingly, the parties have agreed to settle
all the lis between them. Accordingly, they
have settled their differences and have filed
this Compromise Petition.

4. The Respondent had honestly believed that
her mother had Informed the Petitioner and
his parents about her previous engagement
with other person which broke and other
litigation which she had filed prior to getting
engaged and married with the Petitioner
herein. It is submitted that post marriage
between treated the the petitioner and
respondent, respondent as his wife, nor the
respondent has treated the petitioner as her
husband and the marriage is not
consummated. As such, the respondent does
not have any objection to annul the marriage
between the petitioner and the respondent as
prayed for in this petition.

5. The petitioner has voluntarily come forward
to pay in all a sum of Rs.22,00,000/-
(Rupees Twenty-Two Lakhs only) to the
Respondent on account of the expenditure
Incurred for the performance of the marriage
from her side, which is paid this day by way
of demand draft drawn in the name of the
respondent bearing No.929534, dated
11/12/2025, drawn on DCB Bank Limited,


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Rajajinagar Branch, Bengaluru. It is
specifically understood by the Respondent
that she is not entitled to any alimony from
the Petitioner and she has given up all her
claims against the petitioner in this regard.

6. The parties would co-operate with each other
in getting the other proceedings detailed
above as withdrawn/quashed/compounded
as the case may be as settled out of court
within a month from this day.

7. Both the parties submit that other cases
pending before the respective courts as
detailed above and the complaints which are
being Investigated, there are no other cases,
complaints filed against each other and
pending consideration before any courts or
investigating agencies. The parties have
agreed that upon closure of the aforesaid
cases, the petitioner would be undertaking to
return back all the belongings of the
respondent kept in the house of the
petitioner. Similarly, the respondent would
undertake to return back all the belongings
of the petitioner currently with the custody of
the respondent. Both the parties further
undertake that they would not Indulge any
such on a later date.

8. The parties have entered into this
compromise petition voluntarily by
understanding the consequences and terms
and conditions of this compromise petition
without there being any kind of coercion or
threat of any nature.

WHEREFORE, the parties most humbly prays that
this Hon'ble Court may be pleased to allow the above
petition by annulling the marriage between the parties
under Section 12 (1) (c) of the Hindu Marriage Act in the
interest of justice and equity.

Dated this the 15th day of December, year 2025, at
Bengaluru."


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4. Therefore, in light of the settlement arrived at
between the parties quoted supra, I deem it appropriate to
terminate the proceedings pending against these petitioners in
the subject petition.

5. For the aforesaid reasons, the following:
ORDER

(i) Criminal Petition is disposed .

(ii) Registration of a crime in crime No.0038/2022
pending on the file of Additional Civil Judge
(Jr.Dn) & JMFC-2 Court, Bhadravathi, Shimoga
District stands quashed, qua the petitioners.


Sd/-
(M.NAGAPRASANNA)
JUDGE


JY
List No.: 1 Sl No.: 2