- 1 - HC-KAR NC: 2026:KHC:26583 CRL.P No. 13056 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13056 OF 2023 BETWEEN: 1. MR. PAUL DONALD D’SOUZA, S/O ISIDORE D’SOUZA, AGED ABOUT 40 YEARS. 2. MR. PETER RONALD D’SOUZA, S/O ISIDORE D’SOUZA, AGED ABOUT 38 YEARS. 3. MRS. IRENE D’SOUZA, W/O ISIDORE D’SOUZA, AGED ABOUT 64 YEARS. ALL THE PETITIONERS ARE R/AT H NO 2-166(4), OLD CONVENT ROAD, KENJAR, BAJPE, MANGALURU – 574 142. …PETITIONERS (BY SRI AJAY PRABHU M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BAJPE POLICE STATION, BAJPE, REP. BY LEARNED Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26583 CRL.P No. 13056 of 2023 STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560001. 2. MRS. DENILDA FLAVIA TELLIS, D/O RUDOLF TELLIS, AGED ABOUT 35 YEARS, R/AT DOOR NO 4-6, ARJUNA KODI, KOMPADAVU, MANGALURU 574 144. …RESPONDENTS (BY SRI B.N JAGADEESHA, ADDL. SPP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH THE FIR IN CR.NO.119 OF 2023 ON THE FILE OF THE J.M.F.C IV COURT, MANGALURU CITY D.K INITIATED AS AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 498A, 504 R/W 34 OF IPC AND SEC.67, 67A OF I.T ACT REGISTERED BY BAJPE POLICE AND ALL FURTHER INVESTIGATION THERETO. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – accused Nos.1 to 3 are before this Court calling in question registration of a crime in Crime No.119/2023, pending before the J.M.F.C.-VI Court, Mangaluru City, Dakshina Kannada, for offences punishable under Sections - 3 - HC-KAR NC: 2026:KHC:26583 CRL.P No. 13056 of 2023 498A, 504 r/w. 34 of the IPC and Sections 67 and 67A of the Information Technology Act. 2. Learned counsel for the petitioners – accused and respondent No.2 – complainant in unison would submit that the parties to the lis were before the concerned family Court in M.C.No.49/2024 and have settled their matrimonial dispute amicably by drawing up certain terms and conditions and have also obtained decree of divorce in terms of the order dated of the family concerned Court on 07.03.2026 and have parted their ways. Copies of the order of decree of divorce and memorandum of settlement are filed along with a memo before this Court seeking permission to compound the offences. 3. The memorandum of settlement reads as follows: “I. That marriage between the petitioner and the respondent was solemnized on 23.11.2019 at St Joseph Church, Bajpe, Mangalore. There are no issues from the said marriage. II. That the petitioner and the respondent lived together as husband and wife for few days after marriage and due to differences of temperament and incompatibility the petitioner and the respondent have been living separately for more than 5 years viz since December 2019. There is no conjugal relationship between the petitioner and the respondent for more than 5 years and are living separately since 2019 and the marriage is irretrievably broken down. - 4 - HC-KAR NC: 2026:KHC:26583 CRL.P No. 13056 of 2023 III. The aforesaid petition was referred to mediation. In the course of mediation, they have agreed to the following terms and conditions: a) That it is mutually agreed that the marriage between the petitioner and the respondent 23.11.2019 at St Joseph Church, Bajpe, Mangalore be dissolved by a decree of divorce by mutual consent. b) That it is mutually agreed that the petitioner has no claim either past, present ог future against the respondent either by way of maintenance/compensation/alimony etc. Likewise the respondent is not having any claim either past, present or future either by way of maintenance/compensation/alimony etc against the petitioner. c) That the Petitioner and the respondent hereby withdraw all the allegations made against each other in this proceedings. d) It in further agreed that the petitioner will have no right of whatsoever nature against in respect of the person or any property both movable and immovable of the respondent henceforth and likewise the respondent will have no right of whatsoever nature in respect of the person or any property both movable and immovable of Petitioner henceforth. e) That the Petitioner and the respondent hereby agree that there is no exchange of articles pending between them. f) That both the parties undertakes not to interfere in each other's life and also not make publish communicate or circulate any matter relating to each other and/or their marital life and disputes. That all photos, videos etc of each other in any form shall be deleted from each other's phones or any electronic devices and shall not be used henceforth for any purposes. g) That the petitioner herein had lodged a complaint against before the Respondent herein before the Bajpe police station which was registered as Crime No 119/2023 and is pending on the file of the 6th JMFC Mangalore. As against the said case the respondent herein has preferred an appeal and the same is pending before the Honorable High Court of Karnataka in Crl. R.P. NO 13056/2023 and has obtained an order of stay of the proceedings before the JMFC Court. That the petitioner undertakes to co-operate / give no objection to get her complaint viz Crime No 119/2023 and is pending on the file of the 6th JMFC Mangalore quashed before the Honorable High - 5 - HC-KAR NC: 2026:KHC:26583 CRL.P No. 13056 of 2023 Court of Karnataka and undertakes not to pursue her complaint in view of this settlement. h) The petitioner and the respondent withdraw all the allegations and counter allegations made against each other in this case as well as other proceedings with regard to their marital life. i) That both the parties have filed this agreement out of their free will consent and volition and not by any coercion or force or undue influence from anyone whatsoever. IV. In view of the aforesaid agreement entered into between the parties, both the parties pray that the Honorable Court may be pleased to dissolve their marriage solemnized on 23.11.2019 at St Joseph Church, Bajpe, Mangalore by a decree of divorce in terms of this agreement V. Parties will appear before the I Family Court Mangalore on the next hearing date for passing necessary orders in terms of this agreement.” Though the offence alleged against the petitioners in the case at hand inter alia is the one punishable under Section 498A of the IPC, since it is a matrimonial dispute and the parties have arrived at settlement, and the allegations are not against the State, I deem it appropriate to accept the memorandum of settlement of the parties and terminate the proceedings against the petitioners. 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition stands disposed. - 6 - HC-KAR NC: 2026:KHC:26583 CRL.P No. 13056 of 2023 (ii) The impugned crime in Crime No.119/2023, pending before the J.M.F.C.-VI Court, Mangaluru City, Dakshina Kannada, stand quashed, qua the petitioners. I.A.No.1/2024 stands disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 62