- 1 - NC: 2025:KHC:6397 CRL.P No. 1570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1570 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI KEMPE GOWDA S/O. DEVARAJU, AGED ABOUT 30 YEARS, RESIDING AT NO.22, NEAR CUNE TEMPLE, MALLEGOWDANAHALLI, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT 17, 2ND FLOOR, 13TH CROSS KALIKA NAGARA, ANDHRAHALLI, MAIN ROAD VISHWANEEDAM POST, NEAR JODI MUNESHWARA TEMPLE BANGALORE URBAN-560 091. …PETITIONER (BY SRI. B . SIDDESWARA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAJAGOPAL NAGAR P S BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. 2. SMT. DIVYASHREE V, W/O KEMPEGOWDA, D/O. VENKATESH, AGED ABOUT 26 YEARS, NO.55, 3RD CROSS, 1ST MAIN ROAD, SANJEEVININAGAR, BENGALURU- 560 091. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1 SMT. ROOPA.B.M, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY PRAYING TO ACCEPT THE ABOVE PETITION AND PASS APPROPRIATE ORDERS Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6397 CRL.P No. 1570 of 2025 OR DIRECTION QUASHING THE CHARGE SHEET IN CC.NO.26133/2023 IN CR.NO.30/2023, FOR THE OFFENCES P/U/S 504,498(A),506,34 OF IPC, U/S 3 AND 4 OF DP ACT, PENDING ON THE FILE OF XXXI ACJM, BENGALURU. 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, petitioner seeks for the following relief:- “Wherefore, in view of the above said facts and circumstances it is most respectfully prayed that this Hon’ble Court be pleased to accept the above petition and pass appropriate orders or directions quashing the Charge Sheet in CC.No.26133/2023 in crime No.30/2023 for the offence/s punishable u/s 504, 498A, 506, 34 of IPC and Sections 3 and 4 of D.P. Act, pending on the file of XXXI Addl. Chief Judicial Magistrate, Bengaluru, in the interest of justice.” 2. Learned counsel for the petitioner-accused No.1 has filed a Memorandum of Settlement in M.C.No.5521/2023 before the I Addl.Prl.Judge, Bangalore, dated 22.01.2025 vide Annexure-E and submits that the petition may be disposed of in terms of the aforesaid settlement arrived at between the petitioner-accused No.1 and 2nd respondent. 3. Petitioner – accused No.1 and respondent No.2- complainant are physically present before the Court and they admit - 3 - NC: 2025:KHC:6397 CRL.P No. 1570 of 2025 the contents of the aforesaid Memorandum of Settlement dated 22.01.2025 filed in M.C.No.5521/2023 before the I Addl.Prl.Judge, Bangalore, vide Annexure-E, which reads as under:- MEMORANDUM OF SETTLEMENT “I. The Petitioner has filed' this petition against the Respondent under Section 9 of the Hindu Marriage Act 1955 for restitution of conjugal rights, the respondent has filed counterclaim for dissolution of their marriage with the petitioner. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner and the respondent along with their counsel were present and 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. Their marriage was solemnized on 04.02.2022 at Shri MRP Nanjudeswar Palace, opp. weigh Bridge, BM Road, Madalahalli, Nagamangala, Mandya District as per Hindu rites and customs. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from past 1 year. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between - 4 - NC: 2025:KHC:6397 CRL.P No. 1570 of 2025 them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce. 3. Both the parties state that they have no children born to them from this marriage. 4. The respondent has agreed to pay a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) to the petitioner towards all her claims of maintenance/permanent alimony as full and final settlement. Out of which Rs.8,00,000/- (Rupees Eight Lakhs Only) paid to the petitioner by way of Demand Draft bearing No.903416, Dated: 13.01.2025, Drawn on Bank of Baroda, Chinya Branch, Nagamangal Taluk, Mandya District and the said Demand Draft will be handed over to the petitioner before the Hon'ble Court at the time of reporting settlement. The remaining balance amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) will be paid to the petitioner by way of Demand Draft bearing No.903420, Dated: 20.01.2025, Drawn on Bank of Baroda, Chinya Branch, Nagamangala Taluk, Mandya District at the time of closing/quashing the C.C. No.26133/2023, filed under sections 498A, 504, 506, r/w 34 of IPC and 3 & 4 of DP Act, pending before 31st ACMM, Bengaluru. 5. The parties state that they have already exchanged their articles such as gold and other valuables and as such there are no dues in this regard. - 5 - NC: 2025:KHC:6397 CRL.P No. 1570 of 2025 6. The parties herein state that they have no claims over movable or immovable properties belonging to each other either existing or to be acquired or inherited at a later stage. 7. The parties admit and agree that they have no further claims of whatsoever manner against each other either past, present or future. 8. The petitioner has agreed to co-operate to closure/quash the proceedings in C.C. No. 26133/2023, filed under sections 498A, 504, 506, r/w 34 of IPC and 3 & 4 of DP Act pending before 31st ACMM, Bengaluru filed against the respondent and others. 9. The parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 10. Both the parties admit that they shall not interfere in the lives of each other in future. 11. Both parties herein state that, not pressing on the allegations levelled against each other in the petition as well as in the written statement they have arrived at this agreement. III. 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 on 04.02.2022 at Shri MRP Nanjundeswar Palace, opp. weigh Bridge, BM Road, Madalahalli, Nagamangala, Mandya - 6 - NC: 2025:KHC:6397 CRL.P No. 1570 of 2025 District by granting a decree of divorce in terms of this agreement. IV. Parties will appear on 25.01.2025 before the Hon'ble Court for passing of 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) Petition is disposed of in terms of the Memorandum of Settlement dated 22.01.2025. (ii) All further proceedings in C.C.No.26133/2023 arising out of FIR in Crime No.30/2023 registered by the 1st respondent – Police for the offences punishable under Sections 504, 498A, 506 r/w 34 of IPC and under Sections 3 and 4 of the D.P.Act, pending on the file of XXXI ACJM, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 4 Sl No.: 5