- 1 - HC-KAR NC: 2025:KHC:21656 CRL.P No. 236 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 236 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. VENKATESH S/O RADHAKRISHNA AGED ABOUT 38 YEARS 2. GAJENDRA S/O RADHAKRISHNAN AGED ABOUT 42 YEARS 3. SMT NIRMALA W/O GAJENDRAN AGED ABOUT 37 YEARS ALL ARE RESIDING AT: NO. 2/257, K. ALANGARAI KUPPURU POST, DHARMAPURI TAMILNADU STATE – 636 704. 4. SMT LALITHA W/O SHEKAR AGED ABOUT 43 YEARS 5. SHEKAR S/O RAMASWAMY AGED ABOUT 43 YEARS 6. RAGHU S/O SHEKAR AGED ABOUT 28 YEARS (4) (5) & (6) RESIDING AT NO. 177/5, 1ST CROSS F.C.I NEAR, CHINNAPPA LAYOUT VIJINAPURA, BENGALURU – 560 016. …PETITIONERS (BY SRI. UDITA RAMESH, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21656 CRL.P No. 236 of 2024 AND: 1. STATE OF KARNATAKA BY SHO, RAMAMURTHY NAGAR PS BANGLORE CITY REPTD BY HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SMT R LAKSHMI W/O VENKATESH R AGED ABOUT 26 YEARS R/AT NO 73, 4TH CROSS, FCI GODOWN NEAR BRUNDHAVAN BADAVANE VIJINAPURA, DOORVANINAGAR BENGALURU – 560 010. …RESPONDENTS (BY SMT. SOWMYA.R, HCGP FOR R-1 VIDE ORDER DATED: 20.06.2025 NOTICE TO R-2 IS D/W) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR REGISTERED IN (CR.NO.295/2018) UNDER SEC.498(A),504,506 R/W 34 OF IPC LATER CHARGE SHEET IS FILED IN C.C.NO.58536/2019 U/S 498(A) R/W 34 OF IPC AND SEC.3,4 OF D.P ACT RAMAMURTHY NAGAR P.S., AND ENTIRE PROCEEDING PENDING ON THE FILE OF THE 10TH A.C.M.M MAYO HALL BENGALURU AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 498A, 504, R/W 34 OF IPC AND SEC. 3,4 OF D.P ACT. 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, petitioners seek for the following relief:- “ WHEREFORE, petitioners humbly prays that this Hon’ble Court may be pleased to quash the FIR registered in Cr.No. 295/2018 under Sections 498(A), 504 506 R/W 34 of - 3 - HC-KAR NC: 2025:KHC:21656 CRL.P No. 236 of 2024 IPC later charge sheet is filed in C.C.No.58536/2019 U/s 498(A), R/W of I.P.C. 3 & 4 of D.P. Act of Ramamurthy Nagar Police Station and entire proceedings pending on the file of 19th Addl.Chief Metropolitan Magistrate, Mayohall, Bengaluru against the Petitioners for the offences to quash in C.C.No. 58536/2019 in the interest of justice.” 2. Heard learned counsel for the petitioners and learned HCGP for 1st respondent and perused the material on record. 3. A perusal of the material on record will indicate that the 2nd respondent is the wife of petitioner No.1 – accused No.1 R.Venkatesh, while petitioners 2 to 6 – accused Nos.2 to 6 are the remaining family members of petitioner No.1. The 2nd respondent having filed the instant complaint in Crime No.295/2018 dated 26.06.2018 for offences punishable under Sections 498-A, 504, 506 r/w 34 IPC, the police filed the charge sheet currently pending in C.C.No.58536/2019 against the petitioners. In the meanwhile, the matrimonial proceedings in M.C.No.4960/2018 between petitioner No.1 and 2nd respondent culminated in a compromise decree in terms of the Memorandum of Settlement / Mediation Agreement, which is as under:- - 4 - HC-KAR NC: 2025:KHC:21656 CRL.P No. 236 of 2024 MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005, I. The Petitioner has filed this petition against the Respondent under Section 13 (1) (i-a) of the Hindu Marriage Act, for the relief of dissolution of his marriage with the respondent. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the parties along with their respective advocates participated in the mediation and that the parties have resolved their dispute and have agreed to the following terms and conditions: 1. The petitioner and the respondent are Hindus by religion. The marriage was solemnized on 07.02.2011 at Ragavendra Thiruma Mandapam, Aanchaneya Kovil Street, Dharmapuri, as per Hindu rites and customs. Virupatchipuram, , Dharmapur, as per Hindu rites and customs. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they did not have any compatible marital relationship between them and they are separate 11.04.2013. There is absolutely no chance of a reunion them, without reference to the allegations in the petition the agree that their marriage be dissolved by a decree of divorce. - 5 - HC-KAR NC: 2025:KHC:21656 CRL.P No. 236 of 2024 3. The petitioner and the respondent state that they have no children born to them from their wedlock. 4. Both the parties state that they are gainfully employed having source of income and that the petitioner is not claiming maintenance /permanent alimony against the respondent, 5. Both the parties agree that they have already exchanged their valuable articles like jewellery and other belongings. 6. The petitioner has lodged a complaint before Ramamurthinagar Police Station against the respondent and his family members for the offence punishable under Section 498-A r/w 34 of IPC, the same in C.C No.58536/2019 (Crime No. 295/2018) pending on the file of 10th ACMM, Mayohall, Bengaluru, in view of the settlement arrived herein the petitioner does not intends to further prosecute the above case and that the petitioner agree that she will co operate for the early disposal of the aforesaid CC No.58536/2019 (crime No 295/2018), which is pending on the file of 10th ACMM, Mayohall, Bengaluru. 7. The petitioner has lodged a complaint before B -1 All Women Po Station, Dhamarpuri, Tamil Nadu against the respondent, the s is pending in the police station, the petitioner in view of settlement arrived herein does not intends to prosecute the a complaint and the petitioner undertakes to withdraw the same - 6 - HC-KAR NC: 2025:KHC:21656 CRL.P No. 236 of 2024 8. The petitioner has filed a Crl. Misc. No.206/2018 against respondent for a relief of maintenance under the Provisions D.V Act, the same is pending on the file of MMTC- 1, M Bengaluru, the petitioner in view of the settlement arrived herein does not intends to prosecute the above petition and the undertakes to withdraw the same. 9. The parties also hereby state and agree that they do no claims over the moveable or immoveable assets belonging to each other, either existing or to be acquired in future. 10. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each other either past, present or future. 11. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or any thing 12. Both the parties admit that they shall not interfere in each other's lives for any reason of whatsoever from this day. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to dissolve the marriage solemnized on 07.02.2011 at Ragavendra Thirumana Mandapam, Aanchaneya Kovil Street, Virupatchipura, Dharmapuri, by granting a decree of divorce in terms of the agreement. IV. Parties will appear on 22.01.2020 before the Hon’ble Court for passing orders in terms of the agreement.” - 7 - HC-KAR NC: 2025:KHC:21656 CRL.P No. 236 of 2024 4. As can be seen from paragraph-6 of the aforesaid mediation settlement entered into between the petitioner No.1 and 2nd respondent, the 2nd respondent has unconditionally agreed that she does not intend to prosecute the aforesaid proceedings in C.C.No.58536/2019 and would co-operate for early disposal of the same and her complaint would be withdrawn. 5. In view of the aforesaid settlement arrived at between the petitioner No.1 and 2nd respondent, who unconditionally and unequivocally withdrawn the proceedings in view of the settlement arrived at before the Family Court, I deem it just and appropriate to quash the impugned proceedings by allowing the petition. 6. Accordingly, I pass the following: ORDER (i) Petition is hereby allowed and disposed of in terms of the Memorandum of Settlement dated 22.01.2020 arrived at between petitioner No.1 and 2nd respondent before the Family Court, Bangalore. (ii) The impugned proceedings in C.C.No.58536/2019 (arising out of Crime No.295/2018 of 1st respondent – Police) registered for the offences punishable under Sections 506, 34, 498- - 8 - HC-KAR NC: 2025:KHC:21656 CRL.P No. 236 of 2024 A and 504 of IPC, pending on the file of X Addl.CMM, Mayohall, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.