- 1 - HC-KAR NC: 2026:KHC:9057 CRL.P No. 4078 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4078 OF 2025 BETWEEN: 1. SRI. RAKESH KUMAR, S/O LATE RAM NARESH SAH, AGED ABOUT 41 YEARS, R/AT NO. 470, GROUND FLOOR, 10TH CROSS, MSR NORTH CITY, NAGAVARA, BENGALURU – 560 077. 2. SMT. LALITA DEVI, W/O LATE RAM NARESH SAH, AGED ABOUT 61 YEARS, R/AT H-035, ZERO POINT TINALI, OPP. MUSMI HOTETL, P-SECTOR, ITANAGAR, PAMPUM PARE, ARUNACHAL PRADESH - 591 102. 3. SMT. SINDHU KUMARI, D/O LATE RAM NARESH SAH, AGED ABOUT 34 YEARS, R/AT NO. 470, GROUND FLOOR, 10TH CROSS, MSR NORTH CITY, NAGAVARA, BENGALURU – 560 077. …PETITIONERS (BY SRI. CHANDRASHEKAR PATIL, ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9057 CRL.P No. 4078 of 2025 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY EAST ZONE WOMEN P.S., BENGALURU – 560 029. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SMT. PUJA KANKANI, W/O RAKESH KUMAR, D/O SRI. GOPAL KANKANI, AGED ABOUT 38 YEARS, R/AT NO.C236, SLS SIGNATURE, KADUBESANAHALLI, PANATHUR, BENGALURU – 560 103. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R-1; SRI. R.S.ABHAY, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C., (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND TO QUASH CHARGE SHEET DATED 22.09.2021 AND ENTIRE PROCEEDINGS IN C.C.NO.28713/2021 (ARISING OUT OF CRIME NO.74/2021) FOR OFFENCES UNDER SECTIONS 498A, 323, 504, 506, R/W SECTION 34 OF IPC REGISTERED BY THE RESPONDENT NO.1 POLICE STATION, AGAINST THE PETITIONERS/ACCUSED, WHICH IS PENDING ON THE FILE OF 11TH ACJM, MAYO HALL, BENGALURU AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9057 CRL.P No. 4078 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.28713/2021 for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the IPC. 2. Heard Sri. Chandrashekar Patil, learned counsel appearing for the petitioners, Sri. Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Sri. R.S. Abhay, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the first petitioner and the second respondent have settled the dispute among themselves and have filed the joint memo. The joint memo reads as follows: " JOINT MEMO FILED BY THE 1ST PETITIONER AND THE 2ND RESPONDENT The 1ST Petitioner and the 2nd Respondent respectfully submit as follows: - - 4 - HC-KAR NC: 2026:KHC:9057 CRL.P No. 4078 of 2025 1. The 1st Petitioner was the husband of the 2nd Respondent, prior to their dissolution of their marriage by way of decree of divorce. 2. The 1st Petitioner submits that the marriage between the 1st Petitioner and the 2nd Respondent was solemnized on 05.03.2016 at Shyam Bhawan, Patna, Bihar, in the presence of family and friends. From the wedlock, a boy child was born to them, who was named as "Naman Kankani". Pursuant to the marriage, both the 1st petitioner and the 2nd respondent were residing together in the matrimonial house, however due to incompatibility arose between the 1st Petitioner and 2nd respondent, they started living separately. 3. The 1st petitioner submits that in the meantime, the 2nd Respondent initiated divorce proceedings in MC No. 4786/2020 under Section 13(1) (ia) of Hindu Marriage Act. While on 15.04.2021, petitioner no.1 filed a petition against the Respondent No.2 under Section 9 of the Hindu Marriage Act for restitution of Conjugal rights in MC No. 2312/2021, along with G & WC No. 125/2021 to declare him as the natural guardian of minor son Naman Kankani. 4. On 11.07.2021, during the ongoing cases mentioned above, Respondent No.2 had lodged a complaint to the East Zone Women P.S. against the 1st petitioner and his mother and sister i.e., the petitioner No. 2 and 3 for alleged offences punishable under Sections 498A, 323, 504, 506 R/w Section 34 of IPC and based on the said complaint the 1st respondent police had registered a case in Crime No.0074/2021 and had filed the F.I.R. before the learned Hon'ble 6th Addl. Chief Judicial Magistrate Court (ACJM), Nrupatunga Road, Bangalore City. 5. It is submitted that thereafter the Investigation Officer mechanically recorded the statements of the parties and had filed the Charge sheet on 22.09.2021 before the learned Hon'ble 6th ACJM Court, Nrupatunga Road, Bangalore City and the same came to be registered in C.C. No. 28713/2021, and as per notification No. ADM- 1/04/2024 dated 07.03.2024 this case has been transferred to XI ACIM, Mayo hall, At Bengaluru. - 5 - HC-KAR NC: 2026:KHC:9057 CRL.P No. 4078 of 2025 6. It is submitted that the said matrimonial matters came to be referred to Bengaluru Mediation Center with the consent of both the parties, for drawing a settlement. 7. During the course of mediation both the 1st petitioner and the 2nd respondent have agreed and accepted to settle all their disputes and accordingly a Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, came to be signed by both the parties on terms and conditions agreed therein, wherein both the parties had amicably agreed to dissolve the marriage dated 05.03.2016 and accordingly the said dispute between the parties came to be settled. 8. 8. The 2nd respondent has agreed in the said settlement to co-operate with the 1st petitioner in quashing the criminal complaint registered against the 1st petitioner and his mother and sister i.e., the petitioner No. 2 and 3 in C.C. No. 28713/2021 which is pending before the Hon'ble XI ACJM, Mayohall, at Bengaluru by filing necessary affidavit and comply with all procedures required before the this Hon'ble Court, hence this joint memo. 9. The 1st petitioner and the 2nd respondent submits that pursuant to the memorandum of settlement dated signed by both the parties, both the parties have settled their grievance amicably and in view of the same, the 2nd respondent has signed this joint memo and affidavit giving her unconditional consent to quash Charge Sheet dated 22.09.2021 and entire proceedings in C.C.No.28713/2021 (arising out of Crime No. 74/2021) for offenses under Sections 498A, 323, 504, 506, R/w Sec. 34 of IPC registered by the Respondent No.1 Police Station, against the petitioners/accused, which is pending on the file of 11th ACJM, Myohall, Bengaluru. WHEREFORE, both the parties prays that this Hon'ble Court may be pleased to accept the joint memo filed by the parties and quash the proceedings pending on the file of Hon'ble XI ACJM, Mayo Hall Unit, Bangalore City in C.C. No. 28713/2021, in the interest of equity and justice." - 6 - HC-KAR NC: 2026:KHC:9057 CRL.P No. 4078 of 2025 4. Therefore, in light of the settlement arrived at between the parties by filing Joint Memo as afore-quoted supra and the offences not being against the State, I deem it appropriate to accept the Joint Memo and terminate the proceedings pending against these petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. ii. Proceedings in C.C.No.28713/2021 pending before the XI ACJM, Mayo Hall, Bengaluru, stand quashed, qua these petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 124