- 1 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10386 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI AJITH K., S/O. M. T. KUMAR, AGED ABOUT 34 YEARS, NO. 918, 31ST B CROSS, NEAR CARMEL CONVENT SCHOOL, THILAK NAGAR, JAYA NAGAR, VTC BANGALORE SOUTH, PO JAYANAGAR, DISTRICT BANGALORE, KARNATAKA – 560 041. 2. SMT. JAYA W/O. M. T. KUMAR, AGED ABOUT 59 YEARS, NO. 918, 31ST B CROSS, NEAR CARMEL CONVENT SCHOOL, THILAK NAGAR, JAYA NAGAR, VTC BANGALORE SOUTH, PO JAYANAGAR, DISTRICT BANGALORE, KARNATAKA – 560 041. 3. SRI. M. T. KUMAR C/O. THIMMEGOWDA, AGED ABOUT 58 YEARS, NO. 918, 31ST B CROSS, NEAR CARMEL CONVENT SCHOOL, THILAK NAGAR, JAYA NAGAR, BANGALORE SOUTH, DISTRICT BANGALORE, KARNATAKA – 560 041. BOTH ARE RESIDING AT NO. 1700, 17TH MAIN, J. P.NAGAR, 2ND PHASE, BENGALURU – 560 078. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 4. SMT. ASHWINI C/O. GURURAJ G., AGED ABOUT 39 YEARS, NO. 22/A, 36TH A CROSS, 26TH MAIN ROAD, NEAR SSMRV COLLEGE, JAYANAGAR, 9TH BLOCK, BENGALORE SOUTH, BENGALURU, KARNATAKA – 560 069. 5. SMT. ARCHANA W/O. MAHESH, AGED ABOUT 35 YEARS, NO. VADERAHALLI, NEAR MARAMMA TEMPLE, CHEELUR, CHEELURU, RAMANAGARA, KARNATAKA – 562 112. …PETITIONERS (BY SRI. NATARAJ D., ADVOCATE) AND: 1. STATE BY JAYAPRAKASHNAGAR POLICE STATION, BENGALURU, STATE PUBLIC PROSECUTOR, OFF AT HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SMT. SUMATHI J. AGED ABOUT 33 YEARS, W/O. AJITH K., RESIDENT OF NO. 535, 6TH CROSS, NEAR SOMESHWARA TEMPLE, BILEKAHALLI, BANGALORE CITY, KARNATAKA – 560 076. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; VIDE ORDER DATED 22.07.2025, NOTICE TO R2 IS DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.201/2022 ARISING OUT OF CR.NO.196/2021 REGISTERED BY J.P.NAGAR P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 506 R/W 34 OF IPC, U/S 3 AND 4 OF D.P ACT, U/S 3(1)(r),3(1)(s) OF SC/ST (POA) AMENDMENT ACT, 2015, ON THE FILE OF HONBLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU, AGAINST THE PETITIONERS BY ALLOWING THIS PETITION. 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 seek the following relief: “Wherefore, the Petitioners most respectfully prays that this Hon'ble Court be quash the Entire Proceedings in Spl.C.No.201/2022 (Crime No.196/2021) registered at J.P. Nagar Police Station for the offence Punishable Sec. 498A, 506 R/W 34 of IPC and Section 3, 4 DP Act and Sections 3(1)(r), 3(1)(s) of SC/ST (prevention of Atrocities) Amendment Act 2015, on the file of Hon'ble LXX Addl. City Civil & Sessions Judge & Special Judge at Bengaluru, against the Petitioners by allowing this Petition, to meet the ends of justice and equity.” 2. Heard learned counsel for the petitioners in both petitions and learned HCGP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with. - 4 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 3. A perusal of the material on record will indicate that parties have entered into settlement and marriage between the petitioner No.1- Ajith K., and respondent No.2 – Sumathi J., has been dissolved vide order dated 10.03.2025 in M.C.No.3519/2021 on the file of I Additional Principal Judge, Family Court, Bengaluru. 4. The order dated 10.03.2025 in M.C.No.3519/2021 on the file of I Additional Principal Judge, Family Court, Bengaluru, reads as under: “CLAIM: The petitioner has filed this petition U/Sec.27(d) of the Special Marriage Act, against the respondent praying for dissolution of his marriage solemnized on 10.06.2020 and registered on 04.11.2019 by granting a decree of divorce. This petition coming on for final disposal before Smt. Kalpana M.S., B.Sc., LL.M., PGD., CLCF., I Addl. Principal Judge, Family Court, Bengaluru and in the presence of Sri. Honnappa.S., Advocate for the petitioner and Sri. Santhosh.A., Advocate for the respondent It is ordered and decreed that, Petition is allowed in terms of the settlement/ memorandum of agreement entered between the parties before Karnataka Mediation Center, Bengaluru. - 5 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 The marriage of the petitioner and respondent solemnized on 10.06.2020 at Sri Vidya Vinayaka Temple, J.P.Nagar, Bengaluru, as per Hindu rites and customs, is hereby dissolved by granting decree of divorce. Marriage certificate registered on 04.11.2019 before the Registrar of Marriages, Jayanagar, Bengaluru vide Certificate No. JAY-S025-2019-20 and stored in CD.No.JAYM55 is hereby cancelled. It is further ordered that the MEMORANDUM OF SETTLEMENT/AGREEMENT shall form part of the decree. It is further ordered and decreed that there shall be no order as to costs. Given under my hand and the seal of this Court on this the 10th day of March, 2025.” 5. The memorandum of settlement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (mediation) Rules, 2005 duly signed by petitioner-Ajith K and respondent No.2-Sumathi J., along with their respective counsel reads as under: - 6 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 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 this petition against the Respondent under Section 27 (d) of the Special Marriage Act, for dissolution of his 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 and the respondent state their marriage was registered on 04.11.2019, before the Registrar of Marriages, Jayanagar, Bengaluru vide certificate No. JAY-SO25-2019-20, stored in C.D. No.JAYM55 and there marriage was solemnized on 10.06.2020 at Sri Vidya Vinayaka Temple, J.P. Nagar, Bengaluru as per Hindu rites and customs. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from 23.02.2021. 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 petitioner 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. - 7 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 3. Both the parties state that they have no children born to them from this marriage. 4. The petitioner has already paid a sum of Rs.10,50,000/- (Rupees Ten Lakhs Fifty Thousand Only) to respondent towards all her claims of maintenance /permanent alimony as full and final settlement. Out of which Rs.50,000/- (Rupees Fifty Thousand Only) already paid through cash. The remaining balance amount of Rs.9,70,000/- (Rupees Nine Lakhs Seventy Thousand Only)has been paid by way of RTGS Transfer vide Ref. No.998530454049, Dated: 12.02.2025, From Mahindra Bank, Bengaluru and Rs.30,000/- (Rupees Thirty Thousand Only) by way of IMPS Transfer vide Ref. and Kotak the No.504314557231, dated: 12.02.2025 respondent acknowledges the receipt of same. 5. 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. 6. The parties herein state that they have no claims over movable or immovable properties belonging to each other either existing or to be acquired or inherited at a later stage. 7. The parties admit and agree that they have no further claims of whatsoever manner against each other either past, present or future. - 8 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 8. The respondent undertakes to co-operate in closure/withdrawal/quashing of the proceeding in SPL.C. No.201/2022, filed under section 498A, 506 IPC and section 3(1)(R) and 3(1)(S), SC.ST Act, pending before the City Civil Session Judge, CCH- 71, Bengaluru. 9. The parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 10. Both the parties admit that they shall not interfere in the lives of each other in future. 11. Both parties herein state that, not pressing on the allegations levelled against each other in the petition as well as in the written statement they have arrived at this agreement. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to cancel their marriage certificate which was registered on 04.11.2019, before the Registrar of Marriages, Jayanagar, Bengaluru vide certificate No. JAY-SO25-2019- 20, stored in C.D. No.JAYM55 and dissolve their marriage was solemnized on 10.06.2020 at Sri Vidya Vinayaka Temple, J.P. Nagar, Bengaluru as per Hindu rites and customs by granting a decree of divorce in terms of this agreement. - 9 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 IV . Parties will appear on 10.03.2025 before the Hon'ble Court for passing of orders in terms of the agreement. Affidavit of respondent No.2 I. Sumathi J D/o Joseph, Aged about 34 years, Residing at No.535/1, 6th cross, near Someshwara Temple, Bilekahalli, Bangalore 560076, do hereby solemnly affirm and state as under:- 1. I state that I have lodged a police complaint against my husband by name Sri. Ajith K. and his family members namely Jaya, Kumar M.T., Ashwini, Archana on 08-10-2021. The said complaint culminated in Special Case No.201 of 2022, on the file of the Hon'ble LXX Additional City Civil and Sessions Judge and Special Judge, at Bengaluru, CCH-71. The said criminal case is still pending adjudication. 2. I state that that my husband has filed a Divorce case in M.C. No. 3519 of 2021 on the file of the I Additional Principal Judge Family Court at Bangalore. That in the said Matrimonial Cast we both i.e., myself and my husband have settled the matter and both of us have filed Memorandum of settlement Under Section 89 of C.P.C. r/w Rule 24 and 25 of the Karnataka Civil Procedure (mediation) Rules 2005. That the Hon'ble court after considering the facts and circumstances of the case, was pleased to accept the said settlement. 3. I state that in accordance with the said settlement the court was pleased to pass an order to dissolve our marriage Registered on 04-11-2019 before the Registrar of - 10 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 marriage, Jayanagar, Bangalore and granted the decree of Divorce on the basis of the above said settlement dated 10- 03-2025. 4. I state that in the said settlement I have undertaken before the court as follows. The relevant paragraph 8 of the settlement reads as follows: The in Respondent undertakes to Co-operate closure/withdrawal/quashing of the proceedings in Special Case No. 201 of 2022, filed under Section 498A, 506 I.P.C. and Section 3 (I) (R) and 3(1)(S) SC & ST Act pending before Hon'ble LXX Additional City Civil and Sessions Judge and Special Judge, at Bengaluru, CCH-71. 5. I state that in view of the settlement arrived between us, I am no more inclined in prosecuting the criminal case initiated against my husband and his family members. 6. I have no objection to initiated by me against my husband and his family members before the appropriate forum of law and dismiss quash the criminal proceedings said proceedings, in the ends of justice.” 6. In view of the aforesaid settlement entered into between the petitioner-Ajith K., and 2nd respondent – Sumathi J, I pass the following: - 11 - HC-KAR NC: 2025:KHC:27712 CRL.P No. 10386 of 2025 ORDER (i) The petition is disposed of in terms of the order dated 10.03.2025 in M.C.No.3519/2021 on the file of I Additional Principal Judge, Family Court, Bengaluru and memorandum of settlement dated 10.03.2025. (ii) The proceedings in Spl.C.No.201/2022 (arising out of Crime No.196/2022 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 506 read with Section 34 of IPC and Sections 3 and 4 of DP Act and Sections 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 pending on the file of LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 20