- 1 - NC: 2025:KHC:8593 CRL.P No. 13810 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13810 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. SOMASHEKAR S., S/O SRI SHANKAR CHAR, AGED ABOUT 33 YEARS, 2. SRI SHANKAR CHAR S/O LATE BADRA CHAR, AGED ABOUT 71 YEARS, 3. SMT. GIRIJAMMA, W/O SRI SHANKAR CHAR, AGED ABOUT 54 YEARS,,, ALL THE THREE OF THEM ARE THE RESIDENT OF HOSAHUDYA, DODDATUMKUR POST, DODDABALLAPURA TALUK, BENGALURU RURAL – 562 163. 4. SMT. GAYATHRI, W/O SRI VISHWANATH, AGED ABOUT 34 YEARS, 5. SRI VISHWANATH S/O SRI BASAVARAJA CHAR, AGED ABOUT 45 YEARS, ACCUSED NOs.4 AND 5 ARE R/AT NO.147, SURADENPURA VILLAGE, ARADESHINAHALLI POST, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT – 562 110. …PETITIONERS (BY SRI. K. S. BHEEMAIAH, ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8593 CRL.P No. 13810 of 2023 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY YELAHANKA NEW TOWN POLICE STATION, BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE – 560 001. 2. SMT. ASHRITHA, AGED ABOUT 31 YEARS, D/O M. K. HONNACHAR, W/O SOMASHEKAR, R/AT NO.51, 2ND CROSS, ATTUR LAYOUT, YELAHANKA NEW TOWN, BENGALURU – 560 064 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 SRI. KANTHARAJA D., ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 POLICE IN C.C.NO.20359/2023 WHICH IS PUNISHABLE UNDER SECTION 323, 504, 506, 498A R/W 34 OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT WHICH IS PENDING BEFORE THE XXX A.C.M.M BENGALURU WHICH IS AT ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following relief:- “a) Quash the charge sheet filed by the Respondent No.1 Police in C.C.No.20359/2023, which is punishable under Sections 323, 504, 506, 498A R/w 34 of IPC and - 3 - NC: 2025:KHC:8593 CRL.P No. 13810 of 2023 Sections 3 & 4 of the Dowry Prohibition Act, which is pending before the XXX Additional Chief Metropolitan Magistrate, Bengaluru, which is at Annexure-C. b) Quash the First Information Report in Crime No.162/2023 dated 31.052023 registered by the Respondent No.1 Police, which are punishable under Sections 498A of IPC, and Section 3 & 4 of Dowry Prohibition Act, which is at Annexure-B. c) Pass such other order that this Hon’ble Court be pleased under the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent No.2 – complainant have filed a copy of Memorandum of Settlement dated 24.01.2025, which was filed before the Trial Court, and the same is taken on record. 3. Petitioners – accused Nos.1 to 3, respondent No.2 are physically present before the Court along with their respective counsel and they admit the contents of the aforesaid Memorandum of Settlement, which reads as under:- “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. - 4 - NC: 2025:KHC:8593 CRL.P No. 13810 of 2023 I. The Petitioners have filed a joint petition under Section 13 B of the Hindu Marriage Act, 1955 for dissolution of their marriage by mutual consent. II. The Hon'ble Court has waived of the statutory period of six months vide its order dated 20.12.2024. III. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: 1. Both petitioners are state that their marriage was solemnized on 14.02.2022 at Sridevi Bhavani Dharmika Varada Prakyathi Hall, No.353, 13th 'A' Main Road, 8th 'A' Cross, 'A' Sector, Yelahanka New Town, Bengaluru- 560064 as per Hindus rites and customs. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately from September 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 petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually. 3. Both the petitioners state that they have no children born to them from their wedlock. - 5 - NC: 2025:KHC:8593 CRL.P No. 13810 of 2023 4. Both the petitioners agree that they have no claims of maintenance / permanent alimony against each other, either past, present or in future, as both of them are gainfully employed. 5. Both the petitioners agree that they have already exchanged their gold articles and other valuables and as such they have no further claims in this regard. 6. Both the petitioners state that they have no claims over the movable or immovable properties either existing or to be acquired in future. 7. Both the petitioners further agree that they have no other claim of whatsoever manner against each other either past, present or future. 8. In view the above settlement arrived between the petitioners, the 1st petitioner has agreed to withdraw M.C.6948/2022, filed under section 9 of Hindu Marriage Act for restitution of conjugal rights, pending on the file of I Additional Principal Judge, Family Court, Bengaluru filed against the 2nd petitioner. 9. The 1st petitioner has agreed to withdraw Cri.Misc. 919/2024, filed under section 125 of Cr.P.C. pending on the file of I Additional - 6 - NC: 2025:KHC:8593 CRL.P No. 13810 of 2023 Principal Judge, Family Court, Bengaluru filed against the 2 petitioner. 10. The 1st petitioner has agreed to co-operate closure/quashing the proceeding in C.C. No.20359/2023, to filed under section 498A and 3 & 4 DP Act, pending on the file of 7th ACJM, Bengaluru filed against the 2nd petitioner and their family members. 11. The 2nd petitioner has filed a Crl.P. No.13810/2023 before High Court of Karnataka for quashing C.C. No.20359/2023, filed under section 498A and 3 & 4 DP Act, pending on the file of 7th ACJM, Bengaluru and 1st petitioner co-operate for the same. 12. Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner. 13. Both the petitioners admit that they shall not interfere in the lives of each other in future. IV. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve their marriage solemnized on 14.02.2022 at Sridevi Bhavani Dharmika Varada Prakyathi Hall, No.353, 13th 'A' Main Road, 8th 'A' Cross, ` A' Sector, Yelahanka New Town, Bengaluru-560064 as per Hindus rites - 7 - NC: 2025:KHC:8593 CRL.P No. 13810 of 2023 and customs pass a decree and judgment in terms of the aforesaid agreement by way of mutual consent.” 4. In view of the aforesaid settlement entered into between petitioners and 2nd respondent before the Trial Court, I pass the following: ORDER (i) The petition is disposed of in terms of the Memorandum of Settlement dated 25.01.2025, which was filed before the Trial Court. (ii) The proceedings in C.C.No.20359/2023 (arising out of Crime No.162/2023 of 1st respondent – Police) registered for the offences punishable under Sections 323, 504, 506, 498-A r/w. Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the XXX Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 21