Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:17715 CRL.P No. 8583 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8583 OF 2024 (482(Cr.PC) / 528(BNSS))
BETWEEN:
ANU JOSEPH S/O JOSEPH MATHEW AGED 45 YEARS RESIDING AT NO.16, 1ST FLOOR, 11TH CROSS, VINAYAKANAGAR, ANNASANDRAPALYA, NEAR RR BAKERY, BENGALURU- 560017. …PETITIONER (BY SRI. SIJI MALAYIL., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY EAST ZONE POLICE STATION REP BY THE SPP, HIGH COURT BUILDING, BENGALURU- 560 001.
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:17715 CRL.P No. 8583 of 2024
2. RAJANI W/O ANU JOSEPH AGED ABOUT 37 YEARS RESIDING AT NO.G 400, 2ND CROSS, 2ND MAIN, HAL QUARTERS, VIMANAPURA, BENGALURU CITY, KARNATAKA- 560017. …RESPONDENTS
(BY SRI. ANOOP KUMAR, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CRIME NO.26/2023 FOR THE OFFENSES P/U/S 498A, 323, 504, 506 OF IPC R/W SECTION 4 OF DP ACT REGISTERED BY THE RESPONDENT NO.1 EAST ZONE WOMEN PS, PENDING BEFORE THE LD. VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:17715 CRL.P No. 8583 of 2024
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question the registration of a crime in crime No.26/2023 registered for an offence punishable under Sections 498A, 323, 504, 506 of the Indian Penal Code, 1860 ('the IPC' for short) and Section 4 of the Dowry Prohibition Act, 1961. 2. Heard Sri. Siji Malayil, learned counsel appearing for the petitioner, Sri. Anoop Kumar, learned High Court Government Pleader appearing for respondent No.1 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement before the mediation centre and the memorandum of settlement reads as follows:
“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 10 (1) (i), 10 (1) (ix) & 10 (1) (x) of the Indian Divorce Act, 1869 seeking
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HC-KAR NC: 2026:KHC:17715 CRL.P No. 8583 of 2024
for dissolution of the his marriage with the 1st respondent/wife. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner has agreed to delete the 2nd respondent as the same is unnecessary party, and will make an appropriate application before the Hon'ble Court at the time of reporting settlement, the parties have resolved their dispute and agreed to the following terms and conditions:
1. The petitioner and the 1st respondent are legally wedded husband and wife and their marriage was registered before Marriage Registrar, Bengaluru under Chrisitan Marriage Act, vide marriage certificate No. 97/2009, vol-1, book 1 page 97-97 dated
04.06.2009. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from March 2018. 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 chance 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 a girl child, by name Arna Anu, aged about 9 years, presently under the care and custody of the 1st respondent/mother and continues to be so in future, for which the petitioner/father has no objection. 4. The petitioner/father will have the visitation rights to visit the child on every Sunday
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HC-KAR NC: 2026:KHC:17715 CRL.P No. 8583 of 2024
between 2 p.m. to 6 p.m. and the petitioner will pick up the child from the residence of the respondent and drop her back safely. Any changes in the visitation rights will be discussed between them and can be modified mutually. 5. Both the parties have agreed to share the vacations of the child such as Summer, Dasara and Christmas vacations. The petitioner shall take the child for Christmas and Easter festival with prior intimation to the 1st respondent. 6. The petitioner has agreed to deposit monthly Rs.10,000/- (Ten Thousand Only) to Sukanya Samrudhi Yojane account bearing No. Canara Bank BET1000D730000024 in favour of ARNA ANU D/o Rajani which initiated by the respondent. 7. Both the parties state that they have no claims in respect of permanent alimony/maintenance against each other past, present or in future as she is gainfully employed. 8. The parties also hereby state and agree that they have no claims over the moveable or immoveable assets belonging to each either existing or to be acquired in future. 9. Both the parties hereby declare that they shall have no claims of any nature whatsoever against each other either present past or future. 10. In view of the settlement agreement the respondent has agreed to cooperate to closing/quashing proceedings in Crime No.26/2023 pending before VI Addl. ACMM, Bengaluru. - 6 -
HC-KAR NC: 2026:KHC:17715 CRL.P No. 8583 of 2024
11. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one. 12.
Both the parties admit that they shall not interfere in each other's lives in any manner. III. In View of the aforesaid agreement entered into between the parties pray that this Hon'ble Court be pleased to dissolve the marriage and cancel the marriage certificate which was registered before Marriage Registrar, Bengaluru under Chrisitan Marriage Act, vide marriage certificate No.97/2009, vol-1, book 1, page 97-97 dated 04.06.2009 by granting a decree of divorce. IV. Parties will appear on 20.04.2024 before the Hon'ble Court for passing orders in terms of the agreement."
4. In light of the settlement arrived at between the parties as afore-quoted, I pass the following:
ORDER (i) Criminal Petition is disposed. (ii) Investigation against the petitioners in crime No.26/2023 pending before VI Additional Chief Metropolitan Magistrate Court, stands quashed.
Sd/- (M.NAGAPRASANNA) JUDGE
JY/List No.: 1 Sl No.: 3