- 1 - HC-KAR NC: 2026:KHC:25834 CRL.P No. 2539 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2539 OF 2023 BETWEEN: SRI. MITESH UPADHYAY, S/O DR. ALOK KUMAR UPADHYAY, AGED ABOUT 42 YEARS, NO.307, 6A, PROVIDENT SUNWORTH, VENKATPURA VILLAGE, KENGERI, BANGALORE SOUTH-560 060. MOBILE: 9008544558 EMAIL: MITESHUPADHAYAY@GMAIL.COM …PETITIONER (BY SRI. DERICK ANIL A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KUMBALAGODU POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. SWATI, D/O RAMESHWAR NATH TIWARI, AGED ABOUT 36 YEARS, R/AT BLOCK G 957, BRIGADE PANORAMA, NEAR DECATHLON, ANCHEPALYA, BENGALURU-560 074. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R-1) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25834 CRL.P No. 2539 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.8538/2021 ARISING OUT OF CR.NO.34/2021 ATTAHCED TO RESPONDENT NO.1 KUMBALAGODU POLICE STATION, FOR OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 34 OF THE IPC PENDING ON THE FILE OF THE Ld. II ACJM BENGALURU RURAL, BENGALURU. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, 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.8538/2021 pending before the II Addl. Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, Bengaluru, for the offences under Sections 498A, 34 of the Indian Penal Code. 2. Heard Sri.Derick Anil A, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:25834 CRL.P No. 2539 of 2023 3. The parties to the lis were also before the III Addl. Prl. Judge, Family Court, Bengaluru in M.C.No.5775/2022 and have settled the dispute amongst themselves by filing Memorandum of Settlement. One of the term of the settlement is, closure of the present proceedings. The said 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 Petitioners have filed a joint petition under Section 13-B of the Hindu Marriage Act, for dissolution of their marriage by mutual consent. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioners along with their advocate have participated and resolved their dispute and have agreed to the following terms and conditions: 1. The petitioners are Hindus by religion and they state that their marriage was solemnized on 28-01-2012 at Ark Hotel, Rudrapur, U.S Nagar, Uttaranchal, as per Hindu rites and customs. Subsequently their marriage has been registered before the Registrar of Marriage, Vijayanagar, Bangalore bearing marriage registration number VJN- HM1238-2015-16 stored in CD NO.VJNM29. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately from 07.01.2020. 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 reunion amongst them. Hence, the petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually. - 4 - HC-KAR NC: 2026:KHC:25834 CRL.P No. 2539 of 2023 3. Both petitioners state that they have daughter by name Pranjal Upadhyay born on 12.04.2013 presently under the care and custody of 2nd Petitioner and shall continue to be so in future for which the 1st petitioner has no objection. 4. The 1st petitioner agrees to take complete responsibility of their only minor ward's education, health & extracurricular activities including the education expenses. The petitioners in consultation with their minor ward consensually make educational decisions. The custody and visitation of their minor ward shall be on the basis of joint parenting module. Both the petitioners shall have equal rights to decide for the child's education, development, medical, emotional & physical well-being. The daughter's physical custody shall be with the 2nd Petitioner unless the daughter willingly decides to stay with her father the 1st Petitioner. 5. Both parties agreed that the child shall stay with the 1st Petitioner two times a month during weekends that is 2nd and 4th Saturday & Sunday of a calendar month. During vacation child shall spend half of her vacation holidays with both their grandparents. In case any of the parents wish to settle abroad the physical custody of child shall be transferred to the parent who stays back in India. 6. Both parties to this petition agree and undertake that no unilateral decision related to wellbeing, education of their ward shall be made by any one of them. In the event the second petitioner removes their ward from Bengaluru and relocates herself anywhere outside Bengaluru, the transport expenses in relation to the wards travel for giving visitation rights to the 1st petitioner shall be borne by the 2nd Petitioner. Similarly, in the event the first petitioner relocates himself to any other city other than Bengaluru and at that time the second petitioner and their ward are located in Bengaluru, the transport expenses in relation to the wards travel for giving visitation rights to the first petitioner shall be borne by the first petitioner. The child's vacation may be decided upon themselves without the consent of other parties. However such decision shall be made known to the other party, till their daughter attains adulthood that is 18 years. - 5 - HC-KAR NC: 2026:KHC:25834 CRL.P No. 2539 of 2023 7. Both the petitioners state and agree they have no claims of maintenance /permanent alimony against each other, as both of them are gainfully employed. 8. The 1st petitioner has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the 2nd petitioner towards the maintenance and welfare of their minor daughter and the said amount will be paid by way of Manager's Cheque bearing No. 017580 dated 06.12.2022 drawn on HDFC Bank, Chandra Layout, Bengaluru and the same will be handed over to the 2nd petitioner before the Hon'ble Court at the time of reporting settlement. 9. A house has been purchased by the petitioners jointly bearing Flat No. 307, 6A, Provident Sunworth, Venkatapura village, Kengeri, Bangalore 560060. This house jointly stands in the name of both petitioners and Ms. Neelam Upadhyay. In respect of this house, both petitioners have agreed that the house shall be in the joint name of 1st petitioner and their minor ward Kumari Pranjal Upadhyay. For this purpose, the 2nd petitioner and Ms. Neelam Upadhyay shall execute release deed relinquishing their rights over this house. Further this house is obtained on the basis of bank loan from [HDFC housing loan Bank, Account No: 6242671051. Further the first petitioner shall continue to pay the EMI as he paid it earlier. 10. Both petitioners state that they have already exchanged their articles such as gold and other valuables, given or taken at the time of their marriage and as such they have no claims in this regard. 11. Both the petitioners state that they have no claims over the movable or immovable properties either existing or to be acquired in future. 12. Both the petitioners further agree that they have no other claim of whatsoever manner against each other either past, present or future. 13. The 2nd petitioner has agreed to co-operate in closing/quashing the proceedings in C.C. No.8538/2021 pending before ACJM-II, Bengaluru Rural District for the offence punishable under Section 498-A and 34 of IPC. - 6 - HC-KAR NC: 2026:KHC:25834 CRL.P No. 2539 of 2023 14. The 2nd petitioner has agreed to withdraw Crl. Misc. No. 163/2021 pending before III Addl. Prl. Judge, Family Court, Bengaluru filed under Section 125 Cr.P.C. Further, the 2nd petitioner has agreed to withdraw Crl. Misc. No. 60/2021 pending before MMTC-VI, Bengaluru filed under Section 12 Protection of Women from Domestic Violence Act. 15. The 1st petitioner has agreed to withdraw G&WC No. 16/2021 pending before VIII Addl. District and Sessions Judge, Bengaluru. 16. Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner. 17. Both the petitioners admit that they shall not interfere in the lives of each other in future. III. 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 28-01-2012 at Ark Hotel, Rudrapur, U.S Nagar, Uttaranchal and cancel the marriage certificate registered before the Registrar of Marriage, Vijayanagar, Bangalore bearing marriage registration number VJN-HM1238-2015-16, stored in CD No.VJNM29, by decree of divorce by mutual 'consent in terms of this agreement. IV. Parties will appear on 16.12.2022 before the Court for passing orders in terms of the 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 - 7 - HC-KAR NC: 2026:KHC:25834 CRL.P No. 2539 of 2023 proceedings pending against the petitioner in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. ii. Proceedings in C.C.No.8538/2021 pending before the II Addl. Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 13