- 1 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19894 OF 2026 (GM-RES) BETWEEN: ADITYA MENON, S/O SUBHASH MENON, AGED ABOUT 43 YEARS, R/A FLAT NO.1-C-2, REGENCY PLACE, NO.7, RICHMOND ROAD, BENGALURU - 560 025. (SHOWN AS RESIDENT OF L-31, PALACE GARDEN, APT NO.23/24, PALACE CROSS ROAD, BENGALURU - 560020). …PETITIONER (BY SRI. SHARATH S KULKARNI, ADVOCATE FOR SRI. ARUN GOVINDRAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY STATION HOUSE OFFICER, HIGH GROUND POLICE STATION, REP. BY HCGP, HIGH COURT OF KARNATAKA, BUILDING COMPLEX, BENGALURU - 560001. 2. ASHWINI K T, (AKA ASHWINI KOVITHILA THAZHE VEEDU), D/O P. BHASKARAN NAIR, AGED ABOUT 37 YEARS, PRESENTLY R/A D704, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 BRIGADE METROPOLIS, GARUDACHAR PALYA, MAHADEVAPURA, BENGALURU - 560048. (SHOWN AS RESIDENT OF NO.13, DEVI KRUPA, 6TH CROSS, KT MUNIREDDY LAYOUT, PWD ROAD, AKASH NAGAR, BENGALURU CITY, KARNATAKA - 560016). …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. NAGARAJ RAVIKUMAR, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE COMPLAINT LODGED BY RESPONDENT NO.2 BEFORE RESPONDENT NO.1 (HIGH GROUNDS POLICE STATION), DATED 12.01.2024 (ERRONEOUSLY MENTIONED AS 12.01.2023) (ANNEXURE-A) AND ETC. 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 seeking the following prayers: "Wherefore, the Petitioner prays that this Hon'ble Court may be pleased issue a Writ of Certiorari quashing the following: a. Complaint lodged by Respondent No.2 before Respondent No.1 (High Grounds Police Station), dated - 3 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 12.01.2024 (erroneously mentioned as 12.01.2023) (Annexure-A); b. First Information Report in Crime No.0008/2024 registered by the 1st Respondent - High Grounds Police Station against the Petitioner for the offences punishable under Sections 498A, 323 and 506 of the Indian Penal Code, 1860. (Annexure - A1). c. Chargesheet filed by the 1st Respondent - High Grounds Police Station against the Petitioner for the offences punishable under Sections 498A, 323 and 506 of the Indian Penal Code, 1860 in C.C. No.13713/2024, pending on the file of the I Additional Chief Judicial Magistrate, Bengaluru. (Annexure - A2); d. Entire proceedings in C.C. No.13713/2024, pending on the file of the I Additional Chief Judicial Magistrate, Bengaluru (Annexure - A3). AND pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in favour of the Petitioners, in the interest of Justice." 2. Heard Sri. Sharath S Kulkarni, learned counsel appearing for the petitioner, Smt.Rashmi Patel, learned HCGP appearing for respondent No.1, Sri.Nagaraj Ravikumar, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Memorandum of Settlement before the V Addl. Prl. - 4 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 Judge, Family Court, Bengaluru, in M.C.No.346/2024, which 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 The above-named parties submit as follows: I. The above petition is filed under Section 13 (1) (i-a) of the Hindu Marriage Act, by the Petitioner seeking a decree of divorce to dissolve the marriage with the Respondent. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of Mediation, the parties along with their respective counsels were present, identified each other and have agreed to the following terms and condition: 1. The Petitioner and the Respondent are Hindu by religion and their marriage was solemnized on 28.09.2014 at Palace Sheesh Mahal, Palace Grounds, Sri Ramanna Maharshi Road, Bangalore as per Hindu rites and customs and subsequently registered on 24.12.2016 bearing Marriage Registration No.SHV- HM130-2016-2017 in CD Number SHVM22. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from 05.01.2024. 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 a reunion between them. 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 the marriage dissolved by a decree of divorce. 3. They have a daughter- Kiara Menon, born on 30.12.2016, presently aged about 9 years. 4. The parties agree that they shall be the joint Guardians and the Petitioner shall be the primary - 5 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 custodian of the minor child, Kiara. The Respondent shall be entitled to interim custody of the minor child every Saturday from 10:00 a.m. until 2:00 p.m. on Sunday. The Petitioner shall drop the minor child at the Respondent's residence on Saturday and the Respondent shall drop the minor child back to the Petitioner's residence on Sunday. In the event the minor child is required to attend school on a Saturday, the Respondent shall exercise interim custody of the minor child commencing immediately upon completion of the child's school hours on Saturday and continuing until the completion of 28 hours, concluding on Sunday. The Respondent shall be entitled to video calls with the minor child on a daily basis, from Monday to Friday, at mutually convenient times for 30 minutes a day. When the minor child is in the interim custody of the Respondent, the Petitioner shall likewise be entitled to video calls with the minor child. Such video calls shall not be monitored, interfered with or restricted by the other parent and the minor child shall have complete privacy and freedom during such communication. 5. The Respondent has consented to the Petitioner retaining primary custody of the minor child on the condition, that she continues residing in Bengaluru. In the event the Petitioner chooses to relocate, the minor child's custody shall be handed over to the Respondent along with all original documents of the minor child at least 15 days prior to the relocation. 6. The parties herein agree that in the event the child's friend's birthday parties, school functions or social events of the minor child fall on days when either parent has custody, the parent exercising custody on that day shall ensure the minor child's participation in the said event, subject to the willingness of the child. The other parent as well as the paternal and maternal grandparents, shall be permitted to participate only with respect to school functions in the best interest of the child. In the event of the minor child being enrolled in extra curricular activities during the weekends shall only be with the Respondent's consent and shall be limited to one activity. Any annual performance/annual competition related to the extra curricular activity shall be - 6 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 attended by both the parties and the grand parents and the same shall apply for any weekday activities enrolled by the petitioner. 7. During the school vacations, the Respondent shall have custody for the initial 50% of the vacation period or, alternatively, the parties may adopt an arrangement whereby custody alternates between them in two-week intervals, subject to their mutual convenience and agreement. Any such arrangement, if contemplated, shall be discussed and finalized at least two weeks prior to the commencement of the school's annual vacation. During Onam, the Petitioner shall have the custody of the minor child; however, if the said festival falls on a weekend or during the period of interim custody with the Respondent, appropriate adjustment/compensatory custody shall be made in favour of the Respondent, considering that Onam is a major festival for the Petitioner. 8. The passport of the minor child, presently in the custody and possession of the Petitioner, shall be handed over to the Respondent at the commencement of each vacation period during which the minor child is in his custody. The Respondent shall return the passport to the Petitioner at the time the minor child is dropped back at the Petitioner's residence. Both parties shall cooperate for the minor child's visa renewal as and when required for interim travel purposes. The Petitioner shall handover a scanned copy of the minor child's passport (all pages) on the date of signing the mediation agreement. 9. On the minor child's birthday, the Respondent shall have interim custody of the minor child from 10:00 a.m. to 4:30 p.m. On the birthdays of the Respondent/paternal grandparents should they fall on a weekday/school working day, the Respondent shall have overnight custody of the child after school hours until the next morning and he shall drop the child to school the next day. It is clarified that the parties shall not be obligated to drop or pick up the minor child from each other's residence on their birthday's/grandparents' birthdays and the responsibility of taking custody of the minor child on such occasions shall solely vest with party who has - 7 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 custody on the birthday. Similarly, if the birthdays of the Petitioner/her parents fall on a Saturday then she shall have custody of the minor child for that weekend and if it falls on a Sunday then the Petitioner shall pick up the minor child from the Respondent's residence at 10 a.m instead of 2 p.m. 10. The Petitioner shall be entitled to take the minor child to Kerala for 5 days during the month of January every year, tentatively during the last week of January, for the purpose of attending religious, cultural ceremonies and related family rituals. If the 5 days travel disrupts or cancels the Respondent's weekly weekend visitation, for the aforesaid purpose he shall have interim custody of the child the following weekend from Friday post school and shall drop her back to school on Monday morning. Then the Petitioner undertakes that the minor child shall not miss more than 5 days of school. It is however, mutually understood that only if the minor child is desirous she shall participate in the said travel, and the Petitioner further assures that adequate arrangements shall be made to ensure continuity of the child's academic commitments, without causing any prejudice to the child's education. Both parties undertake to ensure that the minor child shall not miss any school days except for emergencies. 11. During Deepavali/Lakshmi Puja, Vishu and Ganesh Chaturthi, the minor child shall spend the night at the Respondent's residence from 10:00 am on that day until 10:00 am the following day. The Petitioner shall drop the child to the Respondent's residence on or before 10 a.m and the Respondent shall drop the child back to the Petitioner's residence on the aforesaid days of the festivals. The minor child shall spend the night at the Respondent's residence on the day BMCA hosts its Trade Meet once or twice a year and the Respondent shall drop the minor child directly to school the following day subject to the Respondent sharing details to the Petitioner over email. The Petitioner shall have no objection to the same. Both the parties herein undertake to not make the minor child miss any school days except for emergencies. - 8 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 12. In the event either party delays or fails to hand over custody of the minor child in accordance with the terms stipulated herein, the defaulting party shall compensate the other party appropriately on a date and time of the latter's convenience. 13. Both the parties shall inform the other at least 72 hours in advance of taking the minor child for any travel or vacation. Any international travel shall be undertaken only with a minimum two-week full prior disclosure of travel itinerary, to and-from tickets, accommodation details and travel insurance covering the minor child and that the child shall be brought back to Bengaluru 24 hours prior to the school reopening after summer vacation. 14. The Petitioner undertakes to hand over to the Respondent a complete copy of the minor child's medical and health records from birth till date within one week from the date of signing this agreement. The Petitioner further undertakes to keep the Respondent informed of all medical consultations, vaccinations, and routine health matters relating to the minor child via email or WhatsApp. Any major medical procedure, surgery, or long-term treatment concerning the minor child shall be mutually discussed and jointly decided by both parties. Each party shall bear all routine and outpatient medical expenses incurred during the period when the minor child is in their respective custody. Both the Petitioner and the Respondent undertake to maintain annual medical insurance coverage for the minor child until she attains the age of 25 years or until such time as she becomes self-sufficient and capable of supporting herself through employment, whichever occurs earlier. The insurance policies maintained by the Petitioner and the Respondent shall be utilized alternately for this purpose. Any substantial medical expenses incurred for the minor child that are either not covered under the applicable insurance policy or exceed the available coverage there under shall be borne equally by both parties. The parties further undertake that the minor child shall receive medical treatment only at a specialised hospital or clinic. - 9 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 15. The Petitioner shall handle the day-to-day school activities of the minor child. The Petitioner submits that the minor child is presently studying at The Brigade School, Whitefield. The Respondent and his family members shall be entitled to attend all school functions to which parents are invited, including but not limited to Annual Day, Sports Day, and Final Report Card Day. The Respondent shall be at liberty to attend all Parent Teacher meetings. Both the Petitioner and the Respondent undertake to maintain proper decorum in school alongside her friends or teachers in the interest of the child. 16. It is hereby agreed that the Petitioner has already provided the Respondent with full and unrestricted access to the minor child's school application/portal, through which the Respondent shall independently obtain all information pertaining to the minor child's education, including but not limited to school communications, circulars, events, schedules, academic updates, and fee-related details; accordingly, the Petitioner shall not be under any obligation to separately intimate or furnish any such information to the Respondent, and any failure on the part of the Respondent to access or keep himself updated through the said application/ portal shall not create any liability upon the Petitioner. Since the School recognises only one authorised email address for all official correspondence, which is presently the Petitioner's email ID, the Petitioner undertakes to mark the Respondent in cc/bcc on all communications sent to the School and to promptly forward to the Respondent all replies and correspondence received from the School correspondences do not reflect on the School's Mobile Application. Such instances may include, but shall not be limited to, the minor child missing school, being dropped late to school, or being picked up early from school. 17. The Respondent undertakes to bear 50% of the school fees incurred towards the education of the minor child until completion of her schooling at The Brigade School. However, for the sake of administrative convenience, the Respondent shall initially pay 100% of the school fees, instalment-wise, as intimated by the School, on or before the - 10 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 respective due dates. The Petitioner, in turn, undertakes to reimburse 50% of such fee amount to the Respondent's bank account within 24 hours of such payment. The Respondent shall further bear 50% of all school-related expenses, including but not limited to transportation to and from the Petitioner's present residence at Brigade Metropolis, textbooks, school uniforms, and school shall be conducted in a respectful and non-derogatory manner. 22. Apart from the above, the parties agrees that they do not have any claims against each other, in any manner whatsoever, either past, present or future. 23. The Petitioner and Respondent shall not have any claim towards permanent alimony/maintenance either past, present or future, against each other. 24. Within a period of two week from the date of granting of a decree of divorce, the Petitioner shall co- operate with the Respondent in seeking quashing/ closure of the proceedings in C.C. No.13713/2024 pending before the Court of the 1st ACMM, before the Hon'ble High Court of Karnataka, Bengaluru. In the event the Petitioner fails to cooperate with the quashing/closure of the proceedings, the parties will be at liberty to seek closure of the cases unilaterally on the strength of this Agreement. The Petitioner undertakes to withdraw C.MISC.23/2024 within one week of this agreement being signed. The parties withdraw all allegations against each other. 25. In view of this settlement the Petitioner has agreed to withdraw G & WC No.12/2024 pending on the file of V Additional Family Court, Bengaluru. A copy of this settlement shall be placed on record and shall form a part of the judgment/order. 26. Both parties agree that they shall cooperate fully for the expeditious disposal/closure of the aforesaid proceedings and shall not initiate or pursue any further civil or criminal proceedings against each other in future. 27. Apart from the above, both parties confirm, agree, acknowledge and undertake that they do not have any other claims of whatsoever nature over the - 11 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 moveable or immoveable assets belonging to each other, either existing or to be acquired in future. 28. The parties admit and agree that there is no collusion, coercion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 29. Both the parties have agreed to withdraw all the allegations made against each other in all proceedings. 30. Both the parties 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 28.09.2014 at Palace Sheesh Mahal, Palace Grounds, Sri Ramanna Maharshi Road, Bangalore and cancel their marriage certificate registered on 24.12.2016 bearing Marriage Registration No.SHV-HM130-2016-2017 in CD Number SHVM22 by granting a decree of divorce in terms of this agreement. IV. Parties will appear on 12.06.2026 before the Hon'ble Court for passing of orders in terms of the agreement." 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of Memorandum of Settlement as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the said Memorandum of Settlement and terminate the proceedings against the petitioner in the subject petition. - 12 - HC-KAR NC: 2026:KHC:32760 WP No. 19894 of 2026 6. For the aforesaid reasons, the following: ORDER [I] Writ Petition is disposed. [II] Complaint lodged by Respondent No.2 before Respondent No.1 (High Grounds Police Station), dated 12.01.2024 (erroneously mentioned as 12.01.2023), stands quashed qua the petitioner. [III] First Information Report in Crime No.8/2024, Chargesheet and entire proceedings in C.C.No.13713/2024, pending before the I Additional Chief Judicial Magistrate, Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 7