- 1 - NC: 2025:KHC:7970 CRL.P No. 9160 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9160 OF 2023 BETWEEN: 1. SRI. VASANTH KUMAR B.M., S/O MURTHAPPA, AGED ABOUT 42 YEARS. 2. SMT. SHRUTHI T J W/O/ VASANTH KUMAR B.M., AGED ABOUT 29 YEARS, PETITIONERS NO.1 & 2 ARE R/AT BYRANAYAKANAHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TIPTUR DISTRICT - 572 201 …PETITIONERS (BY SRI. KIRAN KUMAR H.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BASAVANAGUDI WOMEN POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001 2. C. DEVAKI CHANDRA W/O. SURESH M.G., Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7970 CRL.P No. 9160 of 2023 D/O LATE S. CHANDRA KUMAR, AGED ABOUT 29 YEARS, R/AT NO. 50, KRISHTAL VILLAS, ATTIBELE, BENGALURU CITY, KARNATAKA - 562 107. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1; SRI. MANJUNATH G. KANDEKAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.15996/2021, ARISING FROM CR.NO.127/2020 REGISTERED ON 24.11.2020 AT BASAVANAGUDI WOMEN P.S., JAYANAGAR SUB DIVISION BENGALURU CITY PENDING BEFORE XXXVII A.C.M.M BENGALURU IN C.C.NO.15996/2021 AGAINST THE PETITIONER U/S 498A OF IPC AND SEC.3, 4 OF D.P ACT. 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 reliefs:- “For the reasons stated above, the petitioner most respectfully prays that this Hon'ble Court may kindly be pleased to quash the entire proceedings in C.C. No.15996/2021, arising from Crime No.127/2020, registered - 3 - NC: 2025:KHC:7970 CRL.P No. 9160 of 2023 on 24.11.2020 at Basavanagudi Womens Police Station, Jayanagara Sub-Division, Bangalore City, pending before XXXVII th Additional Chief Metropolitan Magistrate, Bangalore, in C.C No.15996/2021 against the Petitioner u/sec. 498A of IPC and section 3 & 4 of Dowry Prohibition Act, 1961, in the ends of justice and equity." 2. Learned counsel for the petitioners – accused Nos.4 and 5 and learned counsel for respondent No.2 - complainant have filed a memorandum of settlement before the Karnataka Mediation Centre duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.4 and 5 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the memorandum of settlement before the Karnataka Mediation Centre, 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. I. The Petitioner has filed a petition under Section 13 (1) (1-a) of the Hindu Marriage Act, seeking dissolution of his marriage with the respondent. - 4 - NC: 2025:KHC:7970 CRL.P No. 9160 of 2023 II. The aforesaid petition was referred to mediation for resolving the dispute between the parties, the parties along with their counsels were present and have resolved their dispute on the following terms and conditions: 1. The parties state that they are Hindus by religion and their marriage was solemnized on 03.09.2017 at Vishnupriya Convention Centre, Sunkadakatte, Bengaluru – 560 091, as per Hindu rites and customs. 2. Due to irreconcilable differences and incompatibility of temperaments, the parties have been living separately from 01.11.2020. 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 parties have decided to get the marriage between themselves dissolved by a decree of divorce. 3. Both the parties state that they have a son by name Chethas Chandra, now aged about 5 years 11 months presently under the care and custody of the respondent/mother and shall continue to be so in future for which the petitioner/ father has no objection. The respondent/mother has agreed to take care of the child’s health, education and upbringing. The petitioner has voluntarily given up visitation rights. 4. The petitioner has agreed to pay a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) to the respondent towards welfare and maintenance of the child by means of demand draft bearing No.003090, dated 05.11.2024, drawn on Axis Bank Ltd., Ramanagara Branch. The said DD will be handed over to the respondent before the Hon’ble Court at the time of reporting this settlement. 5. Upon receipt of such payment, the respondent undertakes to deposit the said sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) within a week by way of fixed deposit in any nationalized bank in the name of the minor child and the interest accrued out of it, only will be utilized for the - 5 - NC: 2025:KHC:7970 CRL.P No. 9160 of 2023 education and other expense of the child, till the child attains the age of majority. 6. Both the parties state that they are capable of maintaining themselves, they have no claims of permanent alimony/maintenance against each other either for the past, present or future. 7. Both parties state that they have exchanged articles which were given to them at the time of their marriage, the receipt of which both of them acknowledge, the details of which are as follows:- The petitioner has returned the following gold/silver articles to the respondent:- a) Mohan Male weighing 39.220 grams b) One gold necklace weighing 21.180 grams c) One gold necklace weighing 45.300 grams d) One pair of gold earrings weighing 14 grams e) One pair of gold hangings weighing 13.100 grams f) One pair of gold earring weighing 3.260 grams g) One pair of gold earrings weighing 50310 grams h) One pair of gold earrings weighing 6.50 grams i) One gold finger ring weighing 8 grams (6 stones) j) One gold coral finger ring weighing 4.50 grams k) One gold bracelet, one gold neck chain, one gold finger ring (totally weighing 59 grams) l) One pair of silver anklet m) One pair of silver arishina – kumbum battalu n) One pair of small silver lamp - 6 - NC: 2025:KHC:7970 CRL.P No. 9160 of 2023 o) One single silver kamakshi deepa The respondent has returned the following gold articles to the petitioner:- a) Two gold finger rings totally weighing 10 grams b) Mangalya bottu The petitioner has already handed over his personal gold ornaments worth about Rs.5,00,000/- (Rupees Five Lakhs Only) to the respondent towards her and minor son’s welfare. The respondent admits and acknowledges the receipt of the same. 8. Both the parties state that they have no claims over the movable or immovable properties either existing or to be acquired in future. 9. There is a case pending bearing Crl.Misc.No.209/2021 before MMTC V Court,Bengaluru initiated by respondent against petitioner under the provision of Domestic Violence Act, which the respondent hereby undertakes to withdraw the same. 10. The respondent agrees to cooperate in closing/quashing C.C.No.15996/2021 pending on the file of 37th ACMM, Bengaluru filed against the petitioner and his family members for the offences punishable under Section 498-A of IPC and Sections 3 & 4 of D.P. Act, in accordance with law. 11. Both the parties 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. 12. Both the parties admit that they shall not interfere in the lives of each other in future. III. In view of the aforesaid agreement entered into between the parties, pray that this Hon’ble Court be pleased to dissolve the marriage solemnized on 03.09.2017 at Vishnupriya Convention Centre, Sunkadakatte, Bengaluru – 560 091 by - 7 - NC: 2025:KHC:7970 CRL.P No. 9160 of 2023 granting a decree of divorce, in terms of the aforesaid agreement. The parties will appear on 07.11.2024 for passing appropriate orders in terms of the agreement." 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of. (ii) The proceedings in C.C.No.15996/2021 (arising out of Crime No.127/2020 of 1st respondent – Police) registered for the offences punishable under Section 498A of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 pending on the file of the XXXVII Additional Chief Metropolitan Magistrate, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 2 Sl No.: 12 CT:SNN