- 1 - HC-KAR NC: 2025:KHC:19800 WP No. 6369 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI WRIT PETITION NO. 6369 OF 2023 (GM-RES) BETWEEN: 1. SRI KISHORE S/O RAMEGOWDA, AGED ABOUT 28 YEARS 2. SMT. KALAVATHI W/O RAMEGOWDA, AGED ABOUT 48 YEARS 3. SRI. RAMEGOWDA S/O CHIKKAMUNIYAPPA, AGED ABOUT 52 YEARS 4. SRI. NIKHIL S/O RAMEGOWDA, AGED ABOUT 26 YEARS 5. SMT. JAYALAKSHMI W/O GURUPRASAD, AGED ABOUT 66 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED, ALL ARE R/AT NO.13, L.N. COLONY, B.K.NAGAR, YESHWANTHPURA, BENGALURU-560022. …PETITIONERS (BY SRI. SHIVARAMU H C, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19800 WP No. 6369 of 2023 AND: 1. THE STATE BY YESHWANTHPURA POLICE STATION BENGALURU CITY, BENGALURU-562123 REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560001. 2. SHWETHA S AGED ABOUT 31 YEARS, W/O KISHORE, R/AT NO.43, 2ND CROSS, JAIMARUTHINAGAR, NANDHINI LAYOUT, BENGALURU-560096 STENOGRAPHER AT HIGHER EDUCATION DEPARTMENT, ROOM NO.762, 7TH FLOOR, M.S. BUILDING, BENGALURU-560001. …RESPONDENTS (BY SRI.VENKAT SATYANARAYANA.A, HCGP FOR R1; KUM. SUSHMITA KADAGI, ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST ALL PETITIONERS IN CC NO. 21093/2022 PENDING CONSIDERATION BEFORE THE LEARNED XXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU AT ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:19800 WP No. 6369 of 2023 ORAL ORDER Smt.Sushmita Kadagi, learned counsel has filed Vakalath for respondent No.2. 2. Petitioner No.1/accused No.1 and respondent No.2/complainant and their respective counsel and also learned High Court Government Pleader for respondent No.1 are present. 3. This petition is filed by accused Nos.1 to 5 under Article 226 and 227 of the Constitution of India r/w Section 483 of Cr.P.C, to quash the criminal proceedings in C.C.No.21903/2022 for the offences punishable 498A, 325, 354 r/w Section 34 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'DP Act'). 4. Learned counsel for petitioners filed memo along with documents i.e., order sheet in M.C.No.5379/2022, including memo of settlement under Section 89 of C.P.C r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The terms and - 4 - HC-KAR NC: 2025:KHC:19800 WP No. 6369 of 2023 conditions of settlement arrived at between the parties reads as under: "The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the parties have resolved their dispute and have agreed for dissolution of marriage in the following terms and conditions: 1. The petitioner and the respondent are Hindu by religion. Their marriage was solemnized on 22.11.2019 at Gowramma Ramaiah Kalyana Mantapa, M.S Ramaiah Road, Gokula, Bengaluru as per Hindu rites and customs. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioner and respondent have been living separately from 28.01.2022. 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 reunion amongst them. Hence, the petitioner and the respondent have decided to get the marriage between themselves dissolved by a decree of divorce. The petitioner and the respondent agree that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life, accordingly the petitioner/husband has agreed not to press for Restitution of Conjugal Rights. 3. The parties admit that they have no children born to them from their wedlock. 4. Both the parties state that they have no claims of maintenance/permanent alimony against each other, as they are capable of maintaining themselves. - 5 - HC-KAR NC: 2025:KHC:19800 WP No. 6369 of 2023 5. The parties state that the personal loan of Rs.5,00,000/- was availed in the name of the respondent with the State Bank of India, Vidhana Soudha Branch, Bengaluru. In view of this settlement the petitioner has agreed to pay a sum of Rs.2,00,000/- to the respondent by way of demand draft for clearing the aforesaid balance loan amount. The demand draft drawn in the name of respondent will be handed over at the time of closure/quashing of C.C No.21093/2022 filed under Section 498- A,325, 354,34 of IPC r/w Section 3 & 4 of D P Act, against the petitioner herein and his family members, pending on the file of VIII ACMM, Bengaluru. Further, the respondent agreed to close the aforesaid loan account and take necessary steps to discharge the petitioner's surety in the said personal loan. 6. The respondent has agreed to cooperate for the closure/quashing of C.C No.21093/2022 filed under Section 498-A of IPC against the petitioner herein and his family members, pending on the file of VIII ACMM, Bengaluru, in accordance with law. 7. The petitioner undertakes to withdraw the WP No.6369/2023 praying for quashing of CC No.21093/2022, pending on the file of Hon'ble High Court of Karnataka, Bengaluru. 8. The parties state that there is no articles to be exchange between them. 9. The parties further state that they have no other claims of whatsoever manner against each other including movables or immovable properties belongings to each other, either existing or to be acquired in future, as such all their claims are fully satisfied. - 6 - HC-KAR NC: 2025:KHC:19800 WP No. 6369 of 2023 10. The parties hereby state that they have no claims of any nature against each other either past, present or future. 11. The parties have agreed to withdraw all the allegations made against each other either expressly or orally. 12. The parties further state that there has been no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 13. Both the parties admit that they shall not interfere in each other's lives for any reason of whatsoever in future. II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to allow the counter claim, pass appropriate order and dissolve their marriage that was solemnized on 22.11.2019 at Gowramma Ramaiah Kalyana Mantapa, M.S Ramaiah Road, Gokula, Bengaluru, by granting a decree of divorce, in terms of the aforesaid agreement. III. Parties will appear on 04.02.2025 before the Hon'ble Court or passing orders in terms of the agreement." 5. Respondent No.2/complainant admit the compromise and submits that she has no objection to allow the petition. The terms and conditions of - 7 - HC-KAR NC: 2025:KHC:19800 WP No. 6369 of 2023 compromise petition are legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed under Article 226 and 227 of the Constitution of India r/w Section 482 Cr.P.C is allowed. (ii) The proceedings in C.C.No.21093/2022 on the file of XXIV ACMM, Bengaluru is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 46