- 1 - NC: 2025:KHC:16638-DB MFA No. 3150 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL NO. 3150 OF 2022 (FC) BETWEEN: GANGADHAR G S/O GANGARANGAIAH AGED ABOUT 35 YEARS R/AT NO.252, 4TH CROSS, DODATHOGURU CELEBRITY PARADISE LAYOUT ELECTRONIC CITY BANGALORE - 560100 …APPELLANT (BY SMT. MAMATA D.N., ADVOCATE) AND: SHIVAPRIYA (ASHWINI) D/O LATE NINGAIAH AGED ABOUT 31 YEARS R/AT NO.280, 4TH MAIN, 23RD CROSS 7TH MAIN, 23RD CROSS, 7TH SECTOR HSR LAYOUT, BENGALURU - 560102 …RESPONDENT (BY SRI. CHANDRASHEKARA K., ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 29.11.2021 PASSED IN M.C.NO.4436/2018 ON THE FILE OF Digitally signed by ROOPA R U Location: High Court of Karnataka - 2 - NC: 2025:KHC:16638-DB MFA No. 3150 of 2022 II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i)(ia) OF THE HINDU MARRIAGE ACT,1955, ALLOWING THE COUNTER CLAIM UNDER SECTION 13(1)(a) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Registry has placed the Memorandum of Settlement entered into between the parties before the Karnataka Mediation Centre, Bengaluru. 2. Both parties and their respective counsel are present. Parties are duly identified by their counsel. 3. Heard parties on the Memorandum of Settlement. 4. Parties admit execution of Memorandum of Settlement and terms of the same. 5. Material portion of Memorandum of settlement reads as follows: - 3 - NC: 2025:KHC:16638-DB MFA No. 3150 of 2022 MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above named submit as follows: I. The appellant herein had filed the above appeal against the judgment and decree dated 29.11.2021 passed by II Addl. Principal Judge, Family Court, Bengaluru in M.C. No. 4436/2018 dissolving the marriage between the appellant and the respondent on a counter claim filed by the respondent herein and also to set aside the order of awarding permanent alimony of Rs.25,000/- (Rupees Twenty Five Thousand Only) per month till her life time in favour of the respondent herein. The above appeal was referred to mediation by the Hon'ble Court. Accordingly, the parties having participated in the mediation process. Both the parties have resolved their disputes under the following terms and conditions: 1. The appellant herein agrees to pay a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) to the respondent in full and final settlement of the claims involved in the above dispute. The aforesaid amount of Rs.8,00,000/- (Rupees Eight Lakhs Only) is agreed to be paid through demand draft bearing No.006083 dated 28.03.2025 drawn on HDFC Bank, Nagarabhavi 2nd Stage Branch, Bengaluru at the time of closure of Crl. Petition to be filed within two weeks from today before the Hon'ble High Court of Karnataka, Bengaluru seeking to quash the initiation of criminal proceedings in C.C.No.24874/2019 for the offences punishable under section 498A, 504, 509, 149 and 323 of the Indian Penal Code. 2. The respondent herein states that she will not precipitate the complaint filed by her against the appellant herein for the offences punishable under section 498A, 504, 509, 149 and 323 of the Indian Penal Code which is registered in C.C.No.24874/2019 pending on the file of 39th Chief Judicial Magistrate, Bengaluru and She will co- operate with the appellant herein for closure of the said case in a Criminal Petition to be filed by the appellant herein before the Hon'ble High Court of Karnataka, Bengaluru under section 482 of the Code of Criminal Procedure for quashing the aforesaid criminal proceedings - 4 - NC: 2025:KHC:16638-DB MFA No. 3150 of 2022 pending on the file 39th Chief Judicial Magistrate, Bengaluru. 3. Both the parties state that they have no claims of whatsoever nature with regard to movable or immovable properties belonging to each other either past, present or in future. 4. Both the parties agree not to interfere in the lives of each other in any manner or in any form in future. II. In view of the aforesaid agreement entered into between the parties, the parties humbly pray that this Hon'ble Court may be pleased to dispose off the above appeal, in terms of this settlement agreement by confirming the decree of divorce passed in M.C. No.4436/2018 on the file of the II Additional Principal Judge, Family Court, Bengaluru. 6. Respondent admits that she has received Demand Draft for Rs.8,00,000/- (Rupees Eight Lakhs Only) as mentioned in paragraph No.1 of the Memorandum of Settlement. 7. Both parties admit that proceedings in C.C.No.24874/2019 have been quashed today as per the terms of settlement. Respondent admits that she has agreed for dissolution of marriage. 8. Satisfied with Memorandum of Settlement as it is voluntary and admissible under law. Hence the following; - 5 - NC: 2025:KHC:16638-DB MFA No. 3150 of 2022 ORDER Appeal is allowed. Petition in M.C.No.4436/2018 on the file of II Additional Principal Judge, Family Court, Bengaluru is hereby allowed in terms of the Memorandum of Settlement entered into between the parties before the Karnataka Mediation Centre, Bengaluru. Marriage of the petitioner and respondent solemnized on 23.04.2015 at Sri.Krishna Convention Hall, Rajajinagara Industrial Town, Bengaluru is hereby dissolved. Draw decree accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 42