- 1 - HC-KAR NC: 2025:KHC:34545 CRL.P No. 12237 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 12237 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. AKAITAB BHATTACHARYA S/O ASHOKE BHATTACHARYA AGED ABOUT 36 YEARS R/A A-18, JAYDEEP CHS LTD JANKALYAN NAGAR MALAD WEST, MUMBAI-400095 …PETITIONER (BY SRI. RAJESH A, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY BELLANDUR PS REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001 2. SMT TANUSREE HALDER W/O SRI AKAITAB BHATTACHARYA AGED ABOUT 36 YEARS R/A VERA 206, SJR VERITY KASAVANAHALLI, SARJAPURA ROAD BENGALURU-560 035 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34545 CRL.P No. 12237 of 2023 SRI.CHIRANTHA.S.H, ADVOCATE FOR SRI.VESHU MISHRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CR.NO.90/2019 AND CHARGE SHEET FILED FOR AN OFFENCE P/U/S 341,323,504,506,509 OF IPC IN C.C.NO.4718/2020 ON THE FILE OF THE XLI A.C.M.M BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Both learned counsel are present. 2. It is submitted by the learned counsel for the petitioner and respondent No.2 that petitioner is residing at Mumbai and respondent No.2 residing at USA and as such they are not present before this Court. 3. This petition is filed by accused under Section 482 of Cr.P.C, to quash the criminal proceedings initiated against him in C.C.No.4718/2020, (arising out of crime - 3 - HC-KAR NC: 2025:KHC:34545 CRL.P No. 12237 of 2023 No.90/2019 of Bellanduru PS) for the offences punishable under Sections 341, 323, 504, 506, 509 of IPC. 4. It is submitted by the both learned counsel for the petitioner and respondent No.1 that the dispute between the parties is settled before the Mediation and memorandum of settlement under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is filed in M.C.No.5348/2020. A memo along with certified copy of the order sheet, Mediation settlement agreement, decree in M.C.No.5348/2020 passed on by V Additional Principal Judge, Family Court, Bengaluru are produced. 5. As per the Sl.No.4 of the said settlement, respondent No.1 has agreed to settle the matter in CC No.4718/2020 in respect of which the present petition is filed. Learned counsel for respondent No.1 herein also admit the said facts. - 4 - HC-KAR NC: 2025:KHC:34545 CRL.P No. 12237 of 2023 6. The terms and conditions of settlement arrived at between the parties 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 this petition against the Respondent under Section 27(1)(d) of the Special Marriage Act, 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 Video Conference Mediation, the parties have resolved their disputes and agreed to the following terms: 1. The petitioner and the respondent are Hindus by religion and their marriage was solemnized on 03.05.2015 at Kolkata. Their Marriage was registered before the marriage Officer, Kolkata, as per Hindu rites and customs. 2. Both parties state that, due to misunderstanding they were living separately from March 2019. 3. Both parties state that they have no issues from this wedding. 4. The Petitioner has filed a Criminal Complaint against the Respondent In C.C.4718/2020 (Cr.No.90/2020) under sections 341,323,504, 506 and 509 pending before the 41th ACMM. The petitioner undertakes/agrees to co-operate in quashing/closing the above petition in view - 5 - HC-KAR NC: 2025:KHC:34545 CRL.P No. 12237 of 2023 of the settlement arrived between the parties herein. 5. The petitioner has filed a Criminal Miscellaneous petition in C.Misc. 179/2019 under Domestic Violence Act, 2005, pending before the 1st M.M.TC against the Respondent and his mother. The petitioner undertakes to withdraw the same in view of the settlement arrived between them in this agreement. 6. The parties herein state that they have no claims whatsoever over movable or Immovable properties belonging to each other either existing or to be acquired or Inherited at a later stage. 7. The parties are gainfully employed and hence they are not claiming any maintenance/alimony against each other past, present or future. 8. The parties further state that there has been nо collusion, force or fraud or any undue Influence in entering into this settlement agreement in the aforesaid manner. 9. The parties admit that in view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dispose off this petition as not pressed, in terms of this agreement. II 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 03.05.2015 at Kolkata as per Hindu rites and customs and cancel the marriage which was registered before the marriage Officer, Kolkata. - 6 - HC-KAR NC: 2025:KHC:34545 CRL.P No. 12237 of 2023 III. The parties have to appear before the Hon'ble Court as directed and when the date of appointment given by Family Court for passing orders in terms of the agreement. 7. Having regard to the fact that the parties have settled their dispute and learned counsel for respondent No.1 also submitted no objections to allow the petition, the petition deserves to be allowed and criminal proceedings pending against them are required to be quashed and accordingly the following: ORDER (i) The petition filed by petitioner/accused under Section 482 Cr.P.C, is allowed. (ii) The entire criminal proceedings in C.C.No.4718/2020 (Crime No.92/2019 of Bellanduru PS) on the file of XLI Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. - 7 - HC-KAR NC: 2025:KHC:34545 CRL.P No. 12237 of 2023 (iii) The Registry is directed to send copy of this order to the trial Court forthwith. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 8