- 1 - HC-KAR NC: 2026:KHC:13323 WP No. 10069 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10069 OF 2025 (GM-RES) BETWEEN: 1. ARITA BANERJEE, S/O LATE ASHIM KUMAR BANERJEE, AGED ABOUT 35 YEARS, 2. GITALI BANERJEE, W/O LATE ASHIM KUMAR BANERJEE, MAJOR IN AGE, BOTH RESIDING AT: NO. 205, BALAJI AAVAAS, CHANNASANDRA MAIN ROAD, NEAR HOPE FARM SIGNAL, WHITEFIELD, BANGALORE - 560 066. ADDRESS MENTIONED IN FIR AND CHARGESHEET AS - NO.68/5, KENDUA MAIN ROAD, GARIA PATUL SOUTH, 24 PARGANAS, WEST BENGAL - 700 084. …PETITIONERS (BY SRI. KAPIL DIXIT., ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH BELLANDUR POLICE STATION, 37, SARJAPUR MARATHAHALLI RD, AMBLIPURA, PWD QUARTERS, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13323 WP No. 10069 of 2025 1ST SECTOR, BELLANDUR, BENGALURU, KARNATAKA 560103, REPRESENTED BY AAG, AMBEDKAR VEEDHI, HIGH COURT OF KARNATAKA, BANGALORE 560 001. 2. RUPALI SARKAR, W/O ARITRA BANERJEE, AGED 28 YEARS, R/A NO. D-402, EDGEWATER, KASAVANAHALLI ROAD, OWNERS COURT LAYOUT, BANGALORE - 560 035. …RESPONDENTS (BY SRI.B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI.CHETAN DESAI, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO QUASH THE PROCEEDINGS IN CC NO. 9488/2022 IN ANNEXURE-A PENDING ON THE FILE OF THE HON'BLE XLI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 R/W SECTION 34 OF IPC AND SECTION 4 OF THE DP ACT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13323 WP No. 10069 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.9488/2022, pending before the XLI Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 498A, 323, 504, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri.Kapil Dixit, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.Chetan Desai, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The parties to the lis were also before the Family Court in M.C.No.5453/2021 and have settled the dispute amongst themselves before the Family Court by terms of settlement. One of the term of the settlement is, closure of the present proceedings. The said Memorandum of Settlement reads as follows: - 4 - HC-KAR NC: 2026:KHC:13323 WP No. 10069 of 2025 "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above named submit as follows:- I. The petitioner has filed this petition under Section 13 (1) (i) & (i-a) of the Hindu Marriage Act 1955 for a decree of divorce against the respondent. II. The petitioner and the respondent state that they are Hindus by religion and their marriage was solemnized on 13.12.2017 at Bandhan Banquet Hall, AC 93, Prafulla Kanan Road, East, Rabindrapally, Kestopur, Kolkata, West Bengal 700 101 as per Hindu rites and customs and the same was registered before the Marriage Officer, Kolkata, West Bengal vide marriage certificate No.91/2017 dated 13.12.2017. After their marriage both the parties are residing at Bengaluru within the jurisdiction of this Hon'ble Court. III. The aforesaid case was referred for mediation for resolving the dispute between the parties. During the course of mediation, the parties along with their respective counsel were present an identified each other and have resolved their dispute on th following terms and conditions: 1) Due to irreconcilable differences and incompatibility of temperaments, the petitioner and the respondent state that they are living separately from August 2021. The efforts made by the elders, friends and well-wishers to resolve the differences between the parties did not yield any fruit. There is absolutely no chance of reunion amongst them since the marriage is irretrievably broken. Hence, the petitioner and the respondent have decided to get their marriage dissolved by a decree of divorce. 2) The parties state that they have no children born to them from their wedlock. - 5 - HC-KAR NC: 2026:KHC:13323 WP No. 10069 of 2025 3) Both the parties specifically state all the allegations made against each other in this case and all other cases pending shall stand unconditionally withdrawn. 4) The Petitioner has come up with onetime settlement by paying a sum of Rs.14,00,000/- (Rupees Fourteen Eight Lakhs Only) towards permanent alimony and maintenance of the Respondent. The Petitioner has already handed over a demand draft for a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) bearing No.509078 dated 27.11.2025 drawn on ICICI Bank, International Tech Park Branch, Bengaluru, the respondent herewith acknowledges receipt of the same. The balance of Rs.6,00,000/- (Rupees Six Lakhs Only) the petitioner undertakes to obtained a demand draft in the name of the respondent for and handed over to the respondent before this Hon'ble Court at the time of recording of this case on 05.12.2025. The respondent has agreed for the same. 5) The Respondent has filed a Criminal Complaint against the Petitioner under section 498A, 504, 506 323, R/w Section 34 of IPC and Section 3 & 4 of D.P.Act before the Belandur police and the same has been charge sheeted bearing No.C.C.No.9488/2022 pending before 41st ACMM, Bengaluru. Against this the Respondent has filed a Writ Petition before the Hon'ble High Court of Karnataka bearing W.P.No.10069/2025 which is pending. The Respondent hereby undertakes to co- operate in closing the case bearing C.C.No.9488/2022 and W.P.No.10069/2025. 6) There is an order of interim maintenance in this case, in pursuance to which the Respondent has filed execution for recovery of dues bearing Execution No.127/2023 pending before this Hon'ble Court. Against this order the Petitioner has filed a writ petition bearing W.P.No.16448/2023 pending before the Hon'ble High Court of Karnataka. The Respondent hereby undertakes to withdraw the execution case bearing Execution No.127/2023 and the Petitioner hereby undertakes to withdraw writ petition bearing W.P.No.16448/2023. 7) Both the parties state that apart from the above cases there are no other cases filed or pending amongst the parties. - 6 - HC-KAR NC: 2026:KHC:13323 WP No. 10069 of 2025 8) The petitioner and the respondent state that apart from the above, they have no other claim of whatsoever nature against each other either in past, present or in future and also have no claim over the movables or immovables belonging to each other either existing or to be acquired in future. 9) Both the parties state that no exchanges whatsoever is pending amongst the parties. 10) The petitioner and the respondent state that there has been no coercion or force, fraud or any undue influence in entering into this agreement in the aforesaid manner. 11) The petitioner and the respondent hereby undertake not to interfere in the lives of each other in future. IV. 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 13.12.2017 at Bandhan Banquet Hall, AC 93, Prafulla Kanan Road, East, Rabindrapally, Kestopur, Kolkata, West Bengal 700 101 and the same was registered before the Marriage Officer, Kolkata, West Bengal vide marriage certificate No.91/2017 dated 13.12.2017 by granting a decree of divorce in terms of this agreement. V. Parties will appear on 05.12.2025 before the Hon'ble Court for further orders in terms of this agreement." 4. Therefore, in light of the settlement arrived at between the parties quoted supra and the offences not being against the State, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petition. - 7 - HC-KAR NC: 2026:KHC:13323 WP No. 10069 of 2025 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. ii. Proceedings in C.C.No.9488/2022 pending before the XLI Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed, qua the petitioners. iii. In the light of the settlement arrived at between the parties, the name of the complainant in the police records be masked, so that it would not reflect, in the event if the complainant would be wanting to secure any document. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 5 Sl No.: 14