- 1 - HC-KAR NC: 2025:KHC:26277 CRL.P No. 8517 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8517 OF 2024 BETWEEN: 1. MANJUNATHA A AGED ABOUT 41 YEARS, S/O ASHWATHNARAYA, R/AT NO 120, 2ND MAIN, 2ND F-CROSS, RAMAIAH LAYOUT, KACHARAKANAHALLI, SAINT THOMAS TOWN AND POST, BENGALURU - 560 084. 2. SUNANDAMMA AGED ABOUT 66 YEARS, W/O ASHWATHNARAYA, 3. ASWATHNARAYANA AGED ABOUT 79 YEARS, S/O LATE MUNIVENKATAPPA, ALL ARE R/AT NO 120, 2ND MAIN, 2ND F-CROSS, RAMAIAH LAYOUT, KACHARAKANAHALLI, SAINT THOMAS TOWN AND POST, BENGALURU - 560 084. …PETITIONERS (BY SRI. ANIL GHOSH G.R, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26277 CRL.P No. 8517 of 2024 AND: 1. THE STATE OF KARNATAKA BY SHO, BANASWADI P.S. BENGALURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. SRHUTHI M W/O MANJUNATHA D/O MAHADEV AGED ABOUT 30 YEARS, R/AT NO 120, 2ND MAIN, 2ND F-CROSS, RAMAIAH LAYOUT, KACHARAKANAHALLI, BENGALURU - 560 084. PRESENTLY RESIDING AT NO 18/10, C48, 22ND CROSS, 3RD MAIN ROAD, BHUVANESWARI NAGAR, KEMPAPURA AGRAHARA, BENGALURU - 560 023. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS CRL.P IS FILED U/S.482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR, COMPLAINT AND ENTIRE PROCEEDINGS IN CC.NO.50709/2019 IN CR.NO.332/2018 REGISTERED BY BANASWADI P.S., BENGALURU, FOR THE OFFENCES P/U/S 3 AND 4 OF DP ACT, SEC. 498-A R/W 34 OF - 3 - HC-KAR NC: 2025:KHC:26277 CRL.P No. 8517 of 2024 IPC, PENDING ON THE FILE OF XI ACMM, MAYO HALL, BENGALURU. 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 pray that this Hon'ble Court be pleased to quash the FIR, complaint and entire proceedings in C.C.No.50709/2019 in Cr.No.332/2018 registered by Banswadi P.S. Bengaluru, for the offence punishable under section 3 & 4 of the Dowry Prohibition Act, 1961 and Section 498A R/w 34 of Indian Penal Code 1860, pending on the file of XI Additional Chief Metropolitan Magistrate, Mayo Hall, at Bengaluru and to pass such other relief or order under the circumstances of the case in the interest of justice and equity. 2. Heard the learned counsel appearing for the petitioners, learned HCGP appearing for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with. 3. A perusal of the material on record will indicate that the second respondent-defacto complainant is the wife of petitioner - 4 - HC-KAR NC: 2025:KHC:26277 CRL.P No. 8517 of 2024 No.1-accused No.1 while petitioner Nos.2 and 3 are his parents. The matrimonial dispute between the petitioner No.1 & respondent No.2 culminated in a mediation settlement in M.C.No.2911/2018 dated 03.11.2023 pursuant to a memorandum of settlement which reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC REAL WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above named submit as follows:- The Petitioner has filed this petition against the Respondent under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 seeking decree of divorce. I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner and the respondent along with their respective counsels have participated in the mediation and they have resolved their disputes by agreeing to the following terms and conditions: 1. The Petitioner and the Respondent state that they are Hindus by religion and their marriage was solemnized on 17.02.2013 at Sri Chowdeshwari Kalyana Mantapa, Magadi Raod, Old Tolgate, Next to Ganapathi Petrol Bunk, Rajajinagar, Bengaluru - 560 044, as per Hindu rites and customs. The parties are now residing in Bengaluru within the jurisdiction of this Hon'ble Court. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioner and the respondent have been living separately from November 2016. Earlier, after mutual reconciliation they again lived together as husband and wife till March 2018 at that time the respondent became pregnant for twin babies. There is absolutely no chance of reunion among them. Hence, the Petitioner and the Respondent have decided to get the marriage between them dissolved by a decree of divorce. - 5 - HC-KAR NC: 2025:KHC:26277 CRL.P No. 8517 of 2024 3. Both the parties state that they have twin children from the said marriage (test tube babies) i.e., a daughter by name Harishin M and a son by name Harshel.M, both born on 26.03.2018, now aged about 6 years, under the care and custody of the respondent/mother and shall continue to be in her custody in future too, for which the petitioner/father has no objection. The petitioner/father has voluntarily given up his visitation rights over both the minor children. 4. The petitioner has agreed to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) towards maintenance, educational, welfare and upbringing expenses of both the minor children. The said amount will be paid by way of two demand draft in favour of the respondent before the Hon'ble Court at the time of reporting this settlement. The respondent has agreed to accept the same. 5. The respondent has her right to claim given up maintenance/permanent alimony against the petitioner for the past, present and future. 6. In view of this settlement, the respondent has agreed to withdraw Crl. Misc. 150/2018 and Crl. Misc.110/2022, both pending on the file of MMTC-V, Bengaluru filed against the petitioner herein under DV Act, as not pressed. The respondent also agrees and undertakes to co-operate in closing/quashing C.C.No.50709/2019 filed against the petitioner herein under Section 498-A of IPC, which is now pending on file of XI ACMM, Bengaluru, in accordance with law. 7. The petitioner and the respondent further state and agree that apart from the above, they have no other claims of whatsoever against each other with regard to maintenance or permanent alimony either past, present or future and also have no claims over the movable or immovable properties belonging to each other either existing at present or to be acquired in future. 8. Both the parties further submit that they have already exchanged their respective valuable articles and other personal belongings, as such they have no claims in this regard. - 6 - HC-KAR NC: 2025:KHC:26277 CRL.P No. 8517 of 2024 9. In view of this settlement, both the parties hereby unconditionally withdraw all the allegations made against each other in this petition either expressly or orally. 10. The petitioner and the respondent have entered into this settlement on their own free will and consent without any force, fraud or coercion from any one. 11. The petitioner and the respondent hereby undertake not to interfere with the lives of each other in future. 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 17.02.2013 at Sri Chowdeshwari Kalyana Mantapa, Magadi Raod, Old Tolgate, Next to Ganapathi Petrol Bunk, Rajajinagar, Bengaluru 560 044 by granting a decree of divorce in terms of the aforesaid agreement. III. The Parties will appear on 30.10.2023 before the Hon'ble Court for passing orders in terms of the agreement." 4. As can be seen from the aforesaid mediation agreement/settlement, and in particular Clause No.6, the respondent has unequivocally agreed to withdraw all cases against the petitioner including C.C.No.50709/2019 pending against the petitioners. Under these circumstances, I am of the view that the impugned proceedings deserve to be quashed. 5. In the result, I pass the following: - 7 - HC-KAR NC: 2025:KHC:26277 CRL.P No. 8517 of 2024 ORDER (i) Petition is hereby allowed; (ii) The entire proceedings in C.C.No.50709/2019 arising out of FIR in Crime No.332/2018 registered by the 1st respondent – Police, pending on the file XI Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE YN List No.: 1 Sl No.: 10 CT: BHK