- 1 - HC-KAR NC: 2025:KHC:20691 WP No. 35292 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35292 OF 2024 (GM-RES) BETWEEN: 1. DR. NIRMAL DEVARAJ, AGED ABOUT 44 YEARS, S/O LATE G.DEVARAJ, AT NO.43/2, NEW AIRPORT ROAD, NH-7, OUTER RING ROAD, SAHAKAR NAGAR, BENGALURU – 560 092, 2. SMT.SAROJINI ABRAHAM, AGED ABOUT 77 YEARS, W/O LATE G DEVARAJ, 3. SMT. A PAPA GRACE AGED ABOUT 86 YEARS, W/O KRISHNASWAMY NADAR, SL.NO.2 TO 3 RESIDING AT NO.3/154D, DEVI ILLAM, OPPOSITE DEVI PETROL BUNK, SANKARANKOLI MAIN ROAD, MANUR, TIRUNELVELI, TAMIL NADU – 627 201 …PETITIONERS (BY SRI. SUNIL S., ADVOCATE) AND: 1. STATE BY GOVINDAPURA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA ANNEX HIGH COURT BUILDING BANGALORE – 560 001 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20691 WP No. 35292 of 2024 2. SMT. LYDIA, AGED ABOUT 35 YEARS, D/O ARKENADAN ABEL, W/O DR.NIRMAL DEVARAJ, RESIDING AT FLAT NO.201, 3RD FLOOR, VEERANNAPALA, SIRI LAKE VIEW APARTMENT, BANGALORE – 560 045 …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R1; SMT. MEENAKSHI V., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLAINT DATED 31.06.2022 AND FIR FILED DATED 01.07.2022 BEFORE THE RESPONDENT NO.1 POLICE IN FIR NO.80/2022 VIDE ANNEXURE-A AND ETC. 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 has sought for the following relief:- “ a) Issue a writ, order or direction in the nature of Certiorari or any other appropriate writ, order or direction to quash the complaint dated 30.06.2022 and FIR No.80/2022 dated 01.07.2022 filed before respondent No.1 Police vide Annexure-A. b) Issue a writ, order or direction in the nature of Certiorari or any other appropriate writ, order or direction to quash the chargesheet filed by respondent No.1 vide Annexure-B. - 3 - HC-KAR NC: 2025:KHC:20691 WP No. 35292 of 2024 c) Issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction to quash the entire proceedings in C.C.No.51078/2023 pending on the file of the 11th Addl. Chief Metropolitan Magistrate, Bengaluru vide Annexure-B. d) Pass any order/s as this Hon’ble Court deems fit in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “AFFIDAVIT We, Smt.Lydia, Aged about 35 years, D/o Arkenadan Abel Residing at Flat No.201, 3rd Floor, Veerannapala, Siri Lake View Apartment, Bangalore- 5600 45 and Dr.Nirmal Devaraj, Aged about 44 years, S/o Late G.Devaraj, At No.43/2, New Airport Road, NH-7, Outer Ring Road, Sahakar Nagar, Bengaluru-5600 92, do hereby solemnly and jointly affirm and state on oath as follows:- - 4 - HC-KAR NC: 2025:KHC:20691 WP No. 35292 of 2024 1. We state that the 1st of us has been arrayed as the second Respondent in the above case and the second of us is the Petitioner No.1 in the above case and we are aware of the facts of the case and accordingly we are swearing to this affidavit. 2. We state that we got married on 25/05/2019 at 'The Hill District Club', Wayanad, Kerala. The marriage was registered in the office of the Marriage Registrar, Sub Registrar's Office, Mysore which is registered as Marriage No.MYS-S26-2019-20 dated 16.5.2019 as per the Certificate of Marriage issued by the Marriage Officer, Mysore, which is stored in C.D.No.MYSM20 dated 16.5.2019. 3. We state that subsequent to the marriage we lived as husband and wife until 6th August 2021 and we have no issues. 4. We state that we realized that we were mentally incompatible and that there were several differences arising between us, and despite all the sincere efforts at resolving these differences, we eventually became irreconcilable. 5. We state that the rift between us has continued to widen and therefore have not been able to patch up and live together as husband and wife again. 6. We state that we mutually agreed that the marriage should be dissolved. As such we have filed a petition seeking divorce by mutual consent and dissolution of marriage under Sectio- 28 of Special Merrige Acd, 19. before the Hon'ble - 5 - HC-KAR NC: 2025:KHC:20691 WP No. 35292 of 2024 Principal Family Court Judge at Bengaluru vide M.C.No.5962/2024. 7. I the 2nd Respondent in the above case hereby withdraw all allegations made in complaint dated 30.06.2022 upon which FIR No.0080/2022 was registered and the subsequent charge sheet dated 07.11.2022 which came to be filed for the offences under Section 498-A R/W 334 and 34 of IPC and proceedings that was pending on file of 10th Additional Chief Metropolitan Magistrate now pending on the file of 11th Additional Chief Metropolitan Magistrate in C.C No.51078/2023. 8. I the 2nd Respondent in the above case has no objection for Sri.Nirmal Devaraj, Smt.Sarojini Abraham and Smt.A Papa Grace to obtain orders from the Hon'ble High Court of Karnataka with regard to quashing of the crime registered vide FIR No.0080/2022 and the subsequent charge sheet filed for the offences under Section 498-A R/W 334 and 34 of IPC and proceedings pending on file of 11th Additional Chief Metropolitan Magistrate in C.C No.51078/2023. WHEREFORE an order as prayed for may kindly be passed.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: - 6 - HC-KAR NC: 2025:KHC:20691 WP No. 35292 of 2024 ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 16.06.2025. (ii) The proceedings in C.C.No.51078/2023 (arising out of Crime No.80/2022 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 504 read with Section 34 of IPC pending on the file of 11th Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 104