- 1 - HC-KAR NC: 2026:KHC:27285 CRL.P No. 15364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 15364 OF 2025 BETWEEN: SRI SOMANT SADANANDA PATHAK, S/O SADANAND PATAK, AGED ABOUT 40 YEAERS, NO.4223, 22ND FLOOR , TOWER 4, PRESTIGE SONG OF THE SOUTH, BEGUR MAIN ROAD, YELANAHALLI, BANGALORE 560 068. …PETITIONER (BY SMT. K SHEELA ANISH, ADVOCATE) AND: 1. STATE BY SOUTH EAST WOMEN POLICE STATION, REPRESENTED BY SPP, KARNATAKA HIGH COURT, BANGALORE-5001. 2. SMT. ROOPALATA PATHAK, W/O SUMANTH PATAK, AGED ABOUT 40 YEARS, NO.4223, 22ND FLOOR, TOWER-4, PRESTIGE SONG OF THE SOUTH, BEGURU MAIN ROAD, YELENAHALLI, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27285 CRL.P No. 15364 of 2025 BANGALORE-560 068. …RESPONDENTS (BY SRI K NAGAESHWARAPPA, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) TO QUASH THE FIR REGISTERED BY SOUTH EAST WOMEN POLICE STATION (RESPONDENT NO.1) AGAINST THE PETITIONER AND THE PETITION IN CRIME NO.0093/2024 FOR THE OFFENCES U/S 85, 118(1) OF BNS 2018 ALONGWITH SECTION 3 AND 4 OF DP ACT, PENDING ON THE FILE OF THE 39TH ADDL.CMM, BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – accused No.1 is before this Court calling in question registration of a crime in Crime No.93/2024, pending before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 85 and 118(1) of the BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. - 3 - HC-KAR NC: 2026:KHC:27285 CRL.P No. 15364 of 2025 2. Heard Smt. K. Sheela Anish, learned counsel for petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1. 3. Learned counsel for petitioner submits that the parties to the lis were before the concerned family Court in M.C.No.7750/2024, where they have drawn certain terms and conditions of settlement and the terms are agreed upon by them. The parties have agreed to separate on obtaining divorce on mutual consent. The petitioner has also filed a copy of the memorandum of settlement under Section 89 of the CPC r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 and an affidavit along with a memo before this Court. 4. The terms 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. Xxxxxx 1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 17.01.2012 at Chinthamani Kalyana Mantap, Nashik as per Hindu rites and customs. Subsequently, their marriage was registered on 15.02.2013, before Registrar of Marriages, - 4 - HC-KAR NC: 2026:KHC:27285 CRL.P No. 15364 of 2025 Ahmedabad Corporation vide certificate No.07391- 1/2013. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from 24.10.2024. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get their marriage dissolved by a decree of divorce. 3. Both the parties state that they have no children born to them from their wedlock. 4. A) The petitioner has agreed to pay a sum of Rs.45,00,000/-(Rupees Forty Five Lakhs Only) to the respondent towards all her claims of permanent alimony/maintenance, release of her rights in the property as full and final settlement, Out of which Rs.20,00,000/-(Rupees Twenty Lakhs Only) will be paid by way of Demand Draft Drawn on State Bank of India, Sahakar Nagar Branch dated 05.03.2026 bearing No.487984 for an amount of Rs.20,00,000/- favouring the respondent shall be paid today i.e, on 05.03.2026 before the Hon'ble court at the time of reporting this settlement agreement. B) The remaining amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) by way of Demand Draft drawn on SBI Sahakar Nagar Branch bearing No.487983 dated 05.03.2026 favouring the respondent shall be paid at the time of registration of the Release Deed and that has been accepted by the respondent. 5. Both the parties state that they have jointly purchased property i.e., petitioner schedule property bearing Flat No.4223, Level 22, Tower-4, 20th Floor, Building No.2 in the residential building known as "Prestige Song of the South", measuring: 962 Sq. Fts., Carpet area situated at Begur Main Road, Bengaluru- 560068. In view of the settlement agreement, the respondent undertakes to release all her rights, title, right and interest over the property to the name of - 5 - HC-KAR NC: 2026:KHC:27285 CRL.P No. 15364 of 2025 petitioner by executing a Registered Release Deed on or before 20.03.2026. 6. Both the parties state that they have already exchanged their gold jewellery, silver items and other household belongings. 7. Further, the respondent shall hand over the following documents to the petitioner at the time of reporting settlement before the Hon'ble Family Court: a. Passport b. Graduation degree certificate c. Senior Management certificate d. SSC marksheet e. HSC marksheet f. Birth certificate g. Marksheet of academics from Engineering Management certification. 8. Apart from the above, both the parties herein state that they have no further claims over movable or immovable properties belonging to each other either existing or to be acquired or inherited at a later stage/date. 9. The respondent has filed a criminal case under section 498 (A) r/w 3&4 of D.P.Act in C.C.No.13524/2025, pending on file of ACJM, Bengaluru. The respondent undertakes to co-operate and assist in closing/quashing in the above criminal case. 10. The petitioner has filed a Criminal Petition. 15314/2025, under article 482, pending before Hon'ble High Court of Karnataka, Bengaluru filed for quashing of the FIR and the respondent undertakes to co-operate in allowing the said case. 11. Both the parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 12. Both the parties admit that they shall not interfere in the lives of each other in future.” - 6 - HC-KAR NC: 2026:KHC:27285 CRL.P No. 15364 of 2025 In the light of the afore-quoted memorandum of settlement and the submissions of the learned counsel appearing for the petitioner, though the offence alleged against the petitioner in the case at hand inter alia is the one punishable under Section 85 of the BNS, as it is a matrimonial dispute and the allegations are not against the State, I deem it appropriate to accept the terms and conditions of the memorandum of settlement and terminate the proceedings against the petitioner. 5. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition is disposed. (ii) The impugned Crime No.93/2024, pending before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 85 and 118(1) of the BNS, 2023, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 39