- 1 - NC: 2025:KHC:11096 CRL.P No. 4317 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4317 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI GANESH NAIK S/O BEEMA NAIK, AGED ABOUT 36 YEARS, R/O ITTIGE VILLAGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT …PETITIONER (BY SRI. A VASANTHA KUMAR.,ADVOCATE) AND: SMT. DEEPA R W/O GANESH NAIK, AGED ABOUT 21 YEARS, R/O AGRAHARA TANDYA SAKARAYAPATNA HOBLI CHIKKAMAGALURU DISTRICT …RESPONDENT (BY SRI. M.N. DINESH.,ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO i. QUASH ALL THE PROCEEDINGS IN RESPECT OF THE ORDER DATED 09.12.2022 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C., KADUR TALUK, CHIKKAMAGALURU DISTRICT IN CRL.MISC.NO.171/2021 (VIDE ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11096 CRL.P No. 4317 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by the husband, feeling aggrieved by the order passed by the learned Magistrate awarding an interim maintenance of Rs.10,000/- per month payable to the respondent - wife, which was modified by the learned Session Judge and interim maintenance of Rs.8,000/- per month was ordered to be paid to the respondent - wife. 2. By virtue of the joint petition filed in M.C.No.376/2024, the Family Court, Shivamogga has passed a decree of divorce, dissolving the marriage solemnized between the petitioner and respondent, vide judgment dated 10.12.2024. Further, Crl.Misc.No.171/2021 which is the subject matter of the present petition also came to be dismissed as settled out of the Court vide order dated 23.12.2024 passed by the II Additional Civil Judge and JMFC, Kadur. On the very same day, Crl.Misc.No.53/2023 filed by respondent / wife to enforce the order passed awarding maintenance also came to be dismissed as settled out of the Court. - 3 - NC: 2025:KHC:11096 CRL.P No. 4317 of 2023 3. In the light of the above, the proceedings pending before the II Additional Civil Judge and JMFC, at Kadur taluq, Chikkamagaluru District in Crl.Misc.No.171/2021 are quashed. 4. Since the parties have settled the dispute and filed a mutual consent seeking divorce and divorce having been granted and even the Crl.Misc.No.171/2021 and Crl.Misc.No.53/2023 having been dismissed as settled out of Court, 50% of the maintenance amount, directed to be deposited by this Court is permitted to be withdrawn by the petitioner, if not already withdrawn and not claimed by the respondent/wife. 5. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 24