- 1 - HC-KAR NC: 2025:KHC:29224 CRL.P No. 13676 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 13676 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI SUMAN SHIVSHANKAR SHIVACHAR AGED ABOUT 32 YEARS, S/O SHIVAKUMAR 2. SRI SHIVKUMAR (SENIOR CITIZEN) AGED ABOUT 64 YEARS, S/O GURUMURTHY 3. SMT NIRMALA DEVI (SENIOR CITIZEN) AGED ABOUT 62 YEARS, W/O SHIVAKUMAR ALL ARE R/AT NO.59, BANJARA ORCHIDS HORMAVU AGARA, RAMAMURTHY NAGAR, BANGALORE-560043 …PETITIONERS (BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMAMURTHY NAGAR POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29224 CRL.P No. 13676 of 2023 2. SMT SHRUTHI P S W/O SRI SUMAN SHIVSHANKAR SHIVACHAR, R/A NO. B, BLOCK 2ND, PYARALAL ROAD, GANDHI NAGAR, SHIVAMOGGA-577202 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.BASAVARAJ.S.SAPPANNANAVAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR NO.384/2021 (C.C.NO.58264/2022) OF RAMAMURTHY NAGAR POLICE STATION, (ANNEXURE-C) PENDING ON THE FILE OF THE HONBLE 10TH A.C.M.M, BENGALURU FOR THE OFFENCES P/U/S 498A,506,34 OF IPC AND SEC.3,4 OF D.P ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Learned counsel for the petitioners has filed a memo along with a certified copies of the decree in M.C.No.85/2019 passed by the V Additional Principal Judge, Family Court, Bengaluru, and the memorandum of settlement filed before the Family Court under Section 89 of CPC r/w rules 24 and 25 of the Karnataka Civil - 3 - HC-KAR NC: 2025:KHC:29224 CRL.P No. 13676 of 2023 Procedure (Mediation) Rules, 2005, wherein, the parties have dissolved their marriage and quietus their disputes. 2. The terms and conditions of settlement arrived at between the parties before the Family Court reads as under: "I. The petitioner has filed the above petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 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 petitioner along with his counsel and the respondent along with her counsel have participated in the mediation and the parties have resolved their dispute and agreed to the following terms and conditions: 1. The petitioner and the respondent are Hindus. Their marriage was solemnized on 26.05.2016 at "Lagana Mandira", Sagar Road, Rajmahal Extn., Shivamogga as per Hindu rites and customs. Subsequently the said marriage was registered on 22.08.2017, in the office of Registrar of Marriages, Shimoga, vide Marriage Number: SMG-HM409-2017-18 and stored in CD Number: SMGM28. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioner and respondent have been living separately from October 2018. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any positive result. There is - 4 - HC-KAR NC: 2025:KHC:29224 CRL.P No. 13676 of 2023 absolutely no chance of reunion between them. Hence, the petitioner and the respondent have agreed to get their marriage dissolved by a decree of divorce. 3. Both parties state that they have no children born to them from their wedlock. 4. Both the parties state that they are gainfully employed and they do not have any claim of permanent alimony or maintenance against each other either in present, past or in future. 5. Both the parties state that they have already exchanged all their articles. 6. Both the parties hereby state that there are no claims of whatsoever nature either movable/ immovable properties against each other either past, present or future. 7. The parties admit and agree that they have no further claim of whatsoever manner against each past, present or future. 8. The respondent undertakes to co-operate to close/quash C.C.No.58264/2022 pending on the file of 10th ACMM., Bengaluru filed u/s 498A r/w 506 and 34 of IPC., filed against the petitioner and his parents. For quashing, the petitioner has filed Crl.P.No.13536/2023 pending on the file of Hon'ble High Court of Karnataka, Bengaluru. 9. The respondent further undertakes to withdraw Crl.Misc.No.225/2023 pending on the file of Addl.Civil Judge and JMFC., Shivamogga filed u/s 3 & 4 of the DP Act, filed against the petitioner and his parents, within a period of 2 weeks from obtaining certified copy of the decree passed by this Hon'ble Court. - 5 - HC-KAR NC: 2025:KHC:29224 CRL.P No. 13676 of 2023 10. The respondent had written letters in August 2023 addressed to the Governor of Nagaland, Chief Secretary, Govt. of Nagaland, Chief Conservator of Forest and Head of Forest Forces, Nagaland. Presently the petitioner is serving in the Indian Forest Services. On obtaining the decree of divorce from this Hon'ble Court, the respondent undertakes to withdraw the said letters by producing a copy of the divorce decree before the Governor of Nagaland, Govt. of Nagaland and other concerned authorities, under due intimation to the petitioner. This document of withdrawal will be sent by speed post. 11. The parties further state that there has been no collusion or force, fraud or any undue influence in filing the above petition and entering into this agreement in the aforesaid manner. 12. Both the parties admit that they shall not interfere in each other's lives for any reason of whatsoever in future in any manner and will not file any fresh cases in future. 13. Both the parties agree to withdraw all the allegations made against each other either orally or expressly and also agree not to make any allegations against each other in the future. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased dissolve their marriage solemnized on 26.05.2016 at "Lagana Mandira", Sagar Road, Rajmahal Extn., Shivamogga as per Hindu rites and customs. Subsequently the said marriage was registered on 22.08.2017, in the office of the Registrar of Marriages, Shimoga, vide Marriage Number: SMG-HM409-2017-18 and stored - 6 - HC-KAR NC: 2025:KHC:29224 CRL.P No. 13676 of 2023 in CD Number: SMGM28 by granting a decree of divorce in terms of the aforesaid agreement. IV. Parties will appear on 18.06.2025 before the Hon'ble Court for passing orders in terms of the agreement". 2. Having regard to the fact that the parties have settled the dispute and respondent No.2 has undertaken to withdraw the criminal proceeding pending against the petitioners, the petition deserves to be allowed and criminal proceedings pending against them are required to be quashed and accordingly the following: ORDER (i) Petition filed by accused Nos.1 to 3 under Section 482 of Cr.P.C is hereby allowed. (ii) The criminal proceedings initiated against accused Nos.1 to 3 in C.C.No.58264/2022, (FIR No.384/2021 of Ramamurthy Nagar PS) pending on the file of X Addl. Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. - 7 - HC-KAR NC: 2025:KHC:29224 CRL.P No. 13676 of 2023 (iii) The Registry is directed to send this order to the trial Court through e-mail. In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 23