Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:17959 WP No. 17359 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17359 OF 2025 (GM-RES) BETWEEN:
SRI.DIKSHIT A TILAKAM, S/O LATE. SRI. ASHOK KRISHNASWAMY, AGED ABOUT 39 YEARS, PERMANENTLY R/A. NO.25,
"SPOORTHI", 2ND FLOOR, 1ST MAIN, MARUTHI EXTENSION, BANGALORE-560 021.
PRESENTLY R/AT MARKTSTRASSE-24, 63450 HANAU, GERMANY …PETITIONER (BY SRI. DR. M.SUNIL SASTRY., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA SRIRAMPURAM, NORTH WOMEN P.S, BANGALORE-560 070, REP BY POLICE INSPECTOR.
2.
SMT. ANUSHA RAJ, W/O. SRI. K.G. NAGARAJA, AGED ABOUT 33 YEARS, RESIDING AT NO.690,
"VENKATADRI", 47TH CROSS, 5TH BLOCK, JAYANAGAR, BANGALORE-560070. …RESPONDENTS (BY SRI.B.N.JAGADEESHA, ADDL. SPP FOR R1;
SRI.NAGARAJ N. DAMODAR, ADVOCATE FOR R2)
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:17959 WP No. 17359 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO A.
ALLOW THE INSTANT PETITION AND QUASH THE FIR/CRIME NO.138/2019 DATED 31.08.2019 AND COMPLAINT DATED 31.08.2019 FILED BY THE RESPONDENT NO.2 AND THE ENTIRE PROCEEDINGS IN C.C. NO. 3534/2020 PENDING ON THE FILES OF THE HONBLE XXXII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, AT BENGALURU AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE UNDER SECTION 498A, 506 READ WITH SECTION 34 OF INDIAN PENAL CODE, 1860 AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961 WHICH IS AT ANNEXURE-A, B AND D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question proceedings in C.C.No.3534/2020, pending before the XXXII Additional Chief Judicial Magistrate at Bengaluru, for the offences under Sections 498A, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard Dr.M.Sunil Sastry, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.Nagaraj N Damodar,
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HC-KAR NC: 2026:KHC:17959 WP No. 17359 of 2025
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.327/2026 and have settled the dispute amongst themselves before the Karnataka Mediation Centre and have filed the Joint Affidavit before this Court to that effect. The said Joint Affidavit reads as follows:
"We, Dikshit Tilakam Ashoka, S/o. Late. Sri. Ashoka Krishnaswamy, aged about 40 years, Permanently Residing at No.25, Spoorthi", 2nd floor, 1st Main, Maruthi Extension, Bengaluru-560021, Presently residing at Marktstrasse 24, 63450 Hanau, Germany, today at Bangalore and Anusha Raj, D/o. Sri. K.G. Nagaraj, aged about 37 years, residing at # 690, "Venkatadri", 47th Cross, 5th Block, Jayanagar, Bengaluru- 560070 do hereby solemnly affirm and state on oath as under:
1. The Respondent no.2 initiated proceedings under section 498A, 506, 511 and Read with section 34 of Indian Penal Code 1860 and 3 and 4 of the Dowry Prohibition Act, 1961, the Petitioner and the Respondent no.2 had filed a mutual consent petition under section 13B of the Hindu Marriage Act, 1955 vide M.C No.327/2026 on the files of the II Additional Principal Family Judge at Bengaluru seeking dissolution of marriage by a decree of Divorce under section Under Section 13B of the Hindu Marriage Act,
1955. 2. We both the parties submit that we have settled the matter in M.C no.327/2026 before the Karnataka Mediation Centre on 06.02.2026. 3. The Petitioner and the Respondent no.2 have no claims against each other in whatsoever manner past, present or in future. The Respondent no.2 is not claiming
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HC-KAR NC: 2026:KHC:17959 WP No. 17359 of 2025
any alimony or permanent maintenance or any monies from the Petitioner no.1 and have no claims of any nature whatsoever past, Present and future, likewise Petitioner no.1 also has no claims of nature whatsoever past, present and future from the Respondent no.2. 4. The Respondent no.2 has agreed to with draw the earlier divorce petition filed against the Petitioner under section 13 (1) (i) (i-a) (i-b) of the Hindu marriage Act, 1955 vide M.C No.5803/2022 and Original Suit filed by the Respondent no.2 against the Petitioner under Order VII Rule 1 Read with section 13, 14 and 26 of the Code of Civil procedure, 1908 vide O.S No.88/2025 both Pending on the files of the II Additional Principal Family Judge at Bangalore. 5.
That the Petitioner shall not prosecute the petition filed for settlement of Assets against the Respondent no.2 vide Case No.63F 1010/23 GU before the District Court of Hanau- Family Court against the Respondent no.2, in view of the settlement arrived between them. 6. That the Petitioner and the Respondent undertake and agree to withdraw all other cases filed against each other either in India or in Germany. 7. That the Petitioner has handed over an affidavit sworn to in Germany (in the German Language as well in English as per the mutual agreement Format) that he shall not pursue any legal proceedings against the Respondent no.2 in the Federal Republic of Germany, in Particular no proceedings before the Hanau District Court vide Case No.63F 110/23 GU. 8. The Respondent no.2 submits that she has agreed to co-operate in quashing of the proceedings in C.C.No.3534/2020 pending on the files of 32nd Additional Chief Metropolitan Magistrate Court at Bengaluru and the Respondent no.2 has no objections to quash the said proceedings in view of the settlement arrived in M.C no.327/2026. 9. In view of this joint memo and the Mediation agreement we pray this Hon'ble Court be pleased to
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HC-KAR NC: 2026:KHC:17959 WP No. 17359 of 2025
quash the proceedings in C.C.No.3534/2020 pending on the files of 32nd Additional Chief Metropolitan Magistrate Court at Bengaluru. WHEREFORE, both the parties humbly prays that this Hon'ble Court be pleased to accept the Joint Affidavit on record and quash the Proceedings in C.C.No.3534/2020 pending on the files of 32nd Additional Chief Metropolitan Magistrate Court at Bengaluru to meet the ends of justice. We state that the contents from Para no.1 to Para no.9 of this Joint affidavit are true and correct to the best of our Knowledge, information and belief. We state that this is our true name and signature."
4.
The parties to the lis are present before the Court and are identified by their respective counsels. 5. Therefore, in light of the Joint Affidavit filed by the parties to the lis before this Court as quoted supra and the offences not being against the State, I deem it appropriate to accept the Joint Affidavit and terminate the proceedings pending against the petitioner in the subject petition. 6. For the aforesaid reasons, the following:
ORDER i. Writ Petition is disposed.
ii. FIR/Crime No.138/2019 dated 31.08.2019 and complaint dated 31.08.2019 filed by respondent
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HC-KAR NC: 2026:KHC:17959 WP No. 17359 of 2025
No.2 and the entire proceedings in C.C.No.3534/2020, pending before the XXXII Additional Chief Judicial Magistrate at Bengaluru, for the offences under Sections 498A, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, stands quashed, qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 101