IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

CRIMINAL PETITION NO.1963 OF 2021

BETWEEN:

1. SOMENDRA THAKUR,

S/O OF RAMAGYA THAKUR

AGED ABOUT 37 YEARS

40 HEW PORT PARKWAY

JERSEY CITY NEW JERSEY

UNITED STATES OF AMERICA-07310

ALSO AT

NO.A-204

SALARPURIYA SANCITY

KASAVANAHALLI

SARJAPURA ROAD,

BENGALURU - 560 035.

2. RAMAGYA THAKUR,

S/O OF RAMDAS THAKUR,

AGED ABOUT 80 YEARS,

NO.A-204, SALARPURIA SANCITY,

KASAVANAHALLI, SARJAPUR ROAD,

BENGALURU,

KARNATAKA-560035.

3. SARAOJ THAKUR,

W/O OF RAMAGYA THAKUR.

AGED ABOUT 71 YEARS,

NO.A-204, SALARPURIA SANCITY,

2

KASAVANAHALLI, SARJAPUR ROAD,

BENGALURU,

KARNATAKA-560035.

4. NARENDRA THAKUR,

S/O OF RAMAGYA THAKUR

AGED ABOUT 43 YEARS,

UBERLANDSTRASSE-465,

ZURICH 8051, SWITZERLAND.

5. VARTIKA THAKUR,

W/O NARENDRA KUMAR,

AGED ABOUT 40 YEARS,

UBERLANDSTRASSE-465,

ZURICH 8051, SWITZERLAND.

6. KUMKUM KUMARI,

W/O NAVIN KUMAR,

AGED ABOUT 50 YEARS,

5B-1014, BOKARO STEEL CITY

JAMERSHDPUR-8270006.

7. NAVIN KUMAR,

S/O NATH SAHAY SHARMA

AGED ABOUT 55 YEARS

5B-1014, BOKARO STEEL CITY

JAMERSHDPUR-8270006. ...PETITIONERS

(BY SRI SUSHAL TIWARI N)

AND:

1. THE STATE OF KARNATAKA,

BY WOMEN POLICE STATION,

EAST ZONE, BANGALORE

REPRESENTED BY ITS

PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BANGALORE-560001.

3

2. NAYANA KUMARI THAKUR,

AGED ABOUT 36 YEARS,

D/O SATYENDRA SINHA,

PLANTINUM CITY,

A BLOCK, FLAT NO.615

HMT MAIN ROAD,

YESHWANTHPUR,

BENGALURU - 560 022. &RESPONDENTS

(BY SRI NAGESHWARAPPA, HCGP FOR R1,

SRI PRABHUGOUD B TUMBIGI, ADVOCATE FOR R2 )

****

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

CR.P.C PRAYING TO QUASH THE ORDER DATED 03.11.2020

TAKING COGNIZANCE IN C.C.NO.14399/2020 ON THE FILE OF VI

ADDL.

C.M.M.,

BENGALURU

AND

CHARGE

SHEET

DATED

24.09.2020

IN

C.C.NO.14399/2020

OF

VI

ADDL.

C.M.M.,

BENGALURU AND FIR NO.147/2019 DATED 31.12.2019 AND

COMPLAINT DATED 31.12.2019 FILED BY THE RESPONDENT NO.2

AND ALL SUBSEQUENT PROCEEDINGS.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE

COURT MADE THE FOLLOWING THROUGH PHYSICAL HEARING:

ORDER

Heard.

2.

Learned counsel for respondent No.2 3 wife has

filed a memo stating that both the petitioner 3 Somendra

Kumar Thakur and respondent No.2 3 Nayana Kumari Thakur

being residents of New Jersey, United States of America, have

4

entered into Marital Settlement Agreement on 12.03.2021

before

the

Superior

Court

of

New

Jersey,

Chancery

Division/Family Part, Bergen County, U.S.A.

3.

As per clause 9.13 of the Marital Settlement

Agreement, the respondent No.2 3 wife has agreed to

withdraw all pending legal actions against husband and his

family members in the Country of India. While she has also

agreed to provide proof to husband for dismissal of any and all

pending legal actions against him and his family members in

India within 10 days from the date of final judgment of

divorce. In view of the marital settlement agreement, the

respondent No.2 has no objection to quash the proceedings

registered in C.C. No.14399/2020 in Crime No.147/2019 by

Women Police Station, East Zone, Bengaluru, for the offence

punishable under Sections 498A, 506 r/w 34 IPC and Section 3

and 4 of Dowry Prohibition Act, pending on the file of VI

Additional Chief Metropolitan Magistrate, Bengaluru.

5

4.

In view of submission of learned counsel for the

petitioner and respondent, memo dated 29.03.2021 is placed

on record.

5.

The Criminal Petition is disposed of in terms of

Marital Settlement Agreement dated 12.03.2021.

6.

The order dated 03.11.2020 taking cognizance in

C.C. No.14399/2020 on the file of VI Additional Chief

Metropolitan Magistrate, Bengaluru and chargesheet dated

24.09.2020 in C.C. No.14399/2020 and FIR No.147/2019 in

pursuance of the complaint filed by respon