Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 767 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SRI VIDYARTHI SRINIVASAN S/O LATE R SRINIVASAN AGED ABOUT 36 YEARS, PRESENTLY RESIDING AT FRIEDRICHSTRASSE 31 76703 KRAICHTAL
ALSO AT NO.14, GARUDA NIVAS 6TH CROSS, MALLESWARAM NEXT TO UPDHAY SKIN CLINIC BANGALORE – 560 003.
2.
SMT. BRINDA SRINIVASAN W/O LATE SRINIVASAN AGED ABOUT 62 YEARS NO.14 GARUDA NIVAS 6TH CROSS, MALLESWARAM NEXT TO UPADHAY SKIN CLINIC BANGALORE – 560 003. …PETITIONERS (BY SRI. ANITHA R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY NORTH WOMEN PS BANGALORE REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 of 2025
2.
RACHANA G. SINGH W/O VIDYARTH SRINIVASAN AGED ABOUT 34 YEARS NO. 29/1, 3RD CROSS, GOKULA 1ST PHASE HMT LAYOUT, BANGALORE – 560 054. …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1;
SRI. YESHU MISHRA, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR AND COMPLIANT, CHARGE SHEET AND QUASH THE PROCEEDINGS IN C.C.NO.26894/2024 FILED BY THE RESPONDENT NORTH WOMEN POLICE AGAINST THE PETITIONERS 1 AND 2 NOW PENDING BEFORE THE XXXII ADDL. CJM, BANGALORE CITY.
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 has sought for the following relief:-
“a) Quash the FIR and complaint, Chargesheet and quash the proceedings, in CC No.26894/2024, filed by the Respondent North Women Police against the Petitioners 1 and 2, pending now pending before the XXXII Additional CJM, Bangalore City.
b) Pass such other orders as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of Justice and Equity.”
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HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 of 2025
2.
Learned counsel for the petitioners – accused Nos.1 and 2 has filed a memo along with Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 and the same is taken on record. 3. Petitioner No.2 – accused No.2, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the memo along with Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, which reads as under:-
MEMO
The undersigned respectfully submits that the Petitioner and the 2nd Respondent have settled all their disputes and have executed a Memorandum of Settlement under section 89 of CPC R/w 24 & 25 of Karnataka Civil Procedure (Mediation) Rules, 2005, Dated 04-07-2025 in M.C.No.5543/2024 before the Family Court. The Certified Copy of the same is furnished which may be taken on record in support of the above case and pray for disposal of the above matter, in the interest of justice and equity. - 4 -
HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 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 13 (1) (i-a) of the Hindu Marriage Act 1955 for dissolution of marriage with the respondent. 11. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the petitioner appeared through video conference and advocate for the petitioner and the respondent along with their counsel were present physically and have resolved their dispute on the following terms and conditions:
1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 09.12.2013 at PGM Sreegandha Palace, Sanjivini Nagar, Bellary Road, Jakkuru Layout, Kodigehalli, Bengaluru, as per Hindu rites and customs. Subsequently, the said marriage was registered on 12.12.2013 before the Registrar of Marriage, Malleswaram, Bengaluru vide certificate No.MLS-HM220- 2013-14 stored in C.D No.MLSM9. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from 18.09.2022.
The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any
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HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 of 2025
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. 3. Both the parties state that they have no children born of their wedlock. 4. The petitioner has agreed to pay a sum of Rs.25,00,000/-(Rupees Twente Five Lakhs Only) to the respondent towards all her claims of Sermanent alimony/maintenance as full and final settlement by way of Demand Draft bearing No.122767, Dated 23.04.2025 Drawn on Canara Bank Basaveshwara Road, Bengaluru and the same will be handed over to the respondent at the time of reporting the settlement before the Hon'ble City Civil and Sessions Judge, CCH:70, Bengaluru in Criminal Appeal No.1312/2024. 5. The petitioner states that he is member of the Central Government Telecom and information Technology employees Housing Co-operative Society Limited bearing Membership No.DVL-72/M-1265, Dated: 15.04.2014. The allotment of the said property is yet to take place. The petitioner has no objection for transfer and registering the said property in the name of the respondent. The respondent had originally gifted the immovable property/site booked by the aforementioned housing co-operative society under the
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HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 of 2025
sald membership No.DVL-721/M-1265, purchased a property in the name of the petitioner. The petitioner undertakes to register the said property solely in the name of the respondent and has given consent of transfer and registering in the respondent's name before reporting settlement by executing an affidavit giving his consent/no objection. 6.
The above said demand draft and the affidavit regarding the transfer of above said property is in safe custody of City Civil and Sessions Judge, CCH-70, Bengaluru. 7. Both the parties state that there are several cases pending which shall be withdrawn by the respective parties details, of which are as follows:-
a) Crl Misc No.237/2023, pending before the V MMTC, Bengaluru filed by the respondent. b) Crl. Misc No.60/2024 pending before the V MMTC, Bengaluru filed by the respondent. c) The respondent undertakes to cooperate in closure/quashing of C.C No.26894/2024 pending before 32nd ACMM, Bengaluru and Crl. P No.767/2025 pending before Hon'ble High Court of Karnataka, Bengaluru. d) LPT No.337/2024 pending before Malleshwaram Police Station, Bengaluru filed by the petitioner. e) The respondent states that she has sent a request to withdraw the case filed before STA Stuttgart (Abteilung
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HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 of 2025
41) in Germany against the petitioner and undertakes not to pursue the same. f) The respondent undertakes to withdraw the complaint filed before NRI women's cell. g) Apart from the aforesaid cases/complaints if any shall be withdrawn and both the parties undertakes not to pursue the same. 8. The petitioner has agreed to return to the respondent gold chain with Ganesha Pendent, gold bracelet, Gold Ring which was given to him during the subsistence of marriage. The respondent has agreed to return to the petitioner Gold Mangalasutra with Gold chain to the petitioner which was given to her along with Gold finger ring since the respondent states that she has lost the petitioner does not press on the same. The aforesaid jewelry will be exchanged before the Hon'ble Court at the time of reporting settlement. 9. The respondent undertakes to return a suitcase with all the belongings of the petitioner by Dunzo/Porter this day i.e.04.07.2025. 10.
The petitioner undertakes to give a fresh demand draft in case current demand draft expires before the closure of all the pending cases. 11. 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. - 8 -
HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 of 2025
12. The parties admit and agree that they have no claims of whatsoever manner against each other either past, present or future. 13. 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. 14. Both the parties without alluding to or referring to or admitting or accepting the allegations in the pleadings, agree to separate mutually. 15. Both parties undertake not to post / share any of their photos /videos / messages / mails etc., taken or shared between them during the subsistence of their marriage, in any social media or otherwise. 16. 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, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 09.12.2013 at PGM Sreegandha Palace, Sanjivini Nagar, Bellary Road, Jakkuru Layout, Kodigehalli, Bengaluru and cancel the marriage certificate registered on 12.12.2013 before the Registrar of Marriage, Malleswaram, Bengaluru vide certificate No.MLS-HM220-2013-14 stored in C.D No.MLSM9, by granting a decree of divorce in terms of this agreement. - 9 -
HC-KAR NC: 2025:KHC:25374 CRL.P No. 767 of 2025
IV. The petitioners have to appear before the Hon'ble Court as directed and when the date of appointment given by Family Court for passing appropriate orders in terms of the agreement.”
4.
In view of the aforesaid settlement entered into between the petitioner No.1 and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of memo dated 08.07.2025 along with Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
(ii) The proceedings in C.C.No.26894/2024 registered for the offences punishable under Section 498A read with Section 34 of IPC pending on the file of XXXII Additional C.J.M., Bengaluru insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 11 Sl No.: 1