- 1 - HC-KAR NC: 2025:KHC:24573 CRL.P No. 11183 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11183 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRINIVAS C. V., S/O LATE VENKATEGOWDA, AGED ABOUT 56 YEARS, R/AT NO 1204, 23RD MAIN, D GROUP LAYOUT, B BLOCK, NAGARABAVI, BENGALURU – 72 …PETITIONER (BY SRI. TEJAS N., ADVOCATE) AND: 1. THE STATION HOUSE OFFICER BASAVANAGUDI WOMEN POLICE STATION, BANGALORE DISTRICT REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 2. SHRUTHI D. M. W/O SRINIVAS C. V., AGED 29 YEARS, R/AT NO 28, 4TH CROSS, AJJAPPA BLOCK, DINNUR MAIN ROAD, R. T. NAGAR, BENGALURU – 560 032. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR FILED BY THE RESPONDENT POLICE IN CR.NO.209/2023 IN C.C.NO.18785/2024 OF BASAVANAGUDI WOMEN Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24573 CRL.P No. 11183 of 2024 POLICE STATIN FILED AGAINST THE PETITIONER WHICH IS PENDING BEFORE THE HON’BLE 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE. 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, petitioner seeks for the following reliefs:- “ (a) Quash the FIR filed by the respondent police in Cr.No.209/2023 in C.C.No.18785/2024 of Basavanagudi Women Police Station filed against he petitioner which is pending before the Hon’ble 37th Additional Chief Metropolitan Magistrate. (b) To grant such other relief/s that this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent and perused the material on record. For the order proposed, notice to 2nd respondent is dispensed with. 3. A perusal of the material on record will indicate that respondent No.2 – complainant filed a complaint before respondent No.1 police in Crime No.209/2023, which culminated in C.C.No.18785/2024 before the Trial Court, for the offences - 3 - HC-KAR NC: 2025:KHC:24573 CRL.P No. 11183 of 2024 punishable under Sections 498A, 504 of IPC and Sections 3 and 4 of the D.P.Act. Further, the matrimonial dispute filed by respondent No.2 against the petitioner in M.C.No.4767/2023 ended up in settlement, wherein both parties settled the matrimonial dispute with mutual consent. 4. The Memorandum of Settlement entered between the petitioner and respondent No.2 before the Family Court, Bengaluru, reads as under: “MEMORANDUM OF SETTLEMENT UNDER SECITON 89 OF SECITON 89 OF CPC READ WITH RULES 24 AND 25 FO THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. I. The petitioner has filed this petition against the Respondent under Section 13(1) (i-a) of the Hindu Marriage Act 1955 for dissolution of her marriage with the respondent. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the parties have resolved their dispute and have agreed to the following terms and conditions. 1. The petitioner an the respondent are Hindus by religion. Their marriage was solemnized on 27.04.2018 at Sri. Srikanteshwara Swamy Temple, Channammanakere Achukatu, BSK 3rd Stage, Bengaluru - 85, as per Hindu rites and customs. - 4 - HC-KAR NC: 2025:KHC:24573 CRL.P No. 11183 of 2024 2. The Parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from 27th June 2024. 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 a reunion between them. The petition and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce. 3. Both the parties state that they have no children born to them from their wedlock. 4. The petitioner has agreed to pay a sum of Rs.7,00,00/- (Rupees seven Lakhs only) to the respondent towards all her claims of maintenance/permanent alimony as full and final settlement by way of Two Demand Drafts(1) D.D. bearing No.126427, dated: 11.03.2024, drawn on Canara Bank, Shesharidpura, Bengaluru of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) and (2) D.D. bearing No. 126436, dated: 12.03.2024, drawn on Canara Bank, Sheshadripuram, Bengaluru of Rs. 3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) and both Demand Drafts are handed over to the respondent before the Hon’ble Court at the time of reporting settlement. The respondent has agreed to receive the same. 5. The parties herein state that they have no claims over movable or immovable properties belonging to each other either existing or to be acquired to inherited at a later stage. - 5 - HC-KAR NC: 2025:KHC:24573 CRL.P No. 11183 of 2024 6. The parties state that they have already exchanged their articles such as gold and other valuables and as such there are no dues in this regard. 7. The parties admit and agree that they have no further claims of whatsoever manner against each other either past, present or future. 8. The parties admit and agree that there is no collusion of force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 9. Both the parties admit that they shall not interfere in the lives of each other in future. 10. Both the parties agree that they have withdrawn all the allegations made against each other in this petition either orally or expressly in M.C.No.4767/2023. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon’ble Court be pleased to dissolve the marriage solemnized on 27.04.2018 at Sri. Srikanteshwara Swamy Temple, Channammanakere Achukatu, BSK 3rd Stage, Bengaluru -85 by granting a decree of divorce in terms of this agreement. IV. Parties will appear on 16.04.2024 before the Hon’ble Court for passing of orders in terms of the agreement.” 5. By order dated 18.04.2024, the learned Family Judge accepted the aforesaid Memorandum of Settlement and dissolved - 6 - HC-KAR NC: 2025:KHC:24573 CRL.P No. 11183 of 2024 the marriage between the petitioner and 2nd respondent and ordered to draw up the decree accordingly. 6. In view of the aforesaid facts and circumstances and the fact that the petitioner-accused No.1 and respondent No.2 – complainant have settled the matrimonial dispute, continuation of criminal proceedings against the petitioner would amount to an abuse of process of law and the same deserves to be quashed. 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned criminal proceedings in C.C.No.18785/2024 (arising out of Crime No.209/2023 registered by the 1st respondent-Police), for the offences punishable under Sections 498A, 504 of IPC and Sections 3 and 4 of the D.P.Act, pending on the file of XXXVII ACMM, Bengaluru, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 3 Sl No.: 3