- 1 - HC-KAR NC: 2026:KHC:33255 CRL.P No. 362 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 362 OF 2023 BETWEEN: 1. SMT.MALLAMMA W/O K.B. RAMACHANDRAPPA AGED ABOUT 63 YEARS OCC: HOUSEWIFE R/AT NO.638, 2ND MAIN, 9TH CROSS, NIJALINGAPPA LAYOUT DAVANAGERE - 577 004. PRESENT ADDRESS NO.3831 PRAMUKA, 2ND MAIN, SS LAYOUT B BLOCK, DAVANAGERE - 577 004. 2. SMT. SHARADHA W/O LATE ASHOK AGED ABOUT 48 YEARS OCC. HOUSEWIFE R/AT 2ND MAIN, 2ND CROSS, SS LAYOUT, B BLOCK DAVANAGERE - 577 004. 3. SRI. SHIVANANDA S/O K.B. RAMACHANDRAPPA AGED ABOUT 43 YEARS OCC: CORPORATER R/AT NO.638, 2ND MAIN 9TH CROSS, NIJALINGAPPA LAYOUT Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33255 CRL.P No. 362 of 2023 DAVANAGERE - 577 004. 4. SMT. PADMA @ PADMAVATHI W/O YOGANANDA AGED ABOUT 38 YEARS R/AT NO.1122, 3RD MAIN, 14TH CROSS, NIJALINGAPPA LAYOUT DAVANAGERE - 577 004. 5. SMT. DRAKSHAYINI @ SMT. DRAKSHAYINI W/O PRASANNA KUMAR V AGED ABOUT 40 YEARS R/AT URUKERE, BHOVIPALYA TUMAKURU TOWN, TUMKURU - 5772106. …PETITIONERS (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION SHIVAMOGGA SUB DIVISION SHIVAMOGGA BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. ANUSHA Y W/O PRAVEEN R AGED ABOUT 30 YEARS OCC: HOUSEWIFE R/AT F-24, SPATIKA 6TH MAIN NEAR RAMAKRISHNA SCHOOL, - 3 - HC-KAR NC: 2026:KHC:33255 CRL.P No. 362 of 2023 GOPALA, SHIVAMOGGA - 577 201. …RESPONDENTS (BY MS. DEEPTI ALVA, HCGP FOR R1; SRI. G.N. ANANTHA PADMANABHA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO ALLOW THIS CRL.P AND QUASH THE CHARGE SHEET IN CR.NO.132/2021 OF WOMEN P.S., SHIVAMOGGA, PENDING ON THE FILE OF J.M.F.C II COURT, SHIVAMOGGA IN C.C.NO.1306/2022 FOR THE OFFENCE P/U/S 498(A), 504, 506, 324, 34 OF IPC AND SEC.3 AND 4 OF D.P ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. S.G. Rajendra Reddy, learned counsel appearing for the petitioners; Ms. Deepti Alva, learned High Court Government Pleader appearing for respondent No.1 and Sri. G.N. Anantha Padmanabha, learned counsel appearing for respondent No.2 and have perused the material on record. 2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves before the Family Court and have filed a memorandum of compromise - 4 - HC-KAR NC: 2026:KHC:33255 CRL.P No. 362 of 2023 petition, therein. The memorandum of compromise petition reads as follows: "MEMORANDUM OF COMPROMISE PETITION UNDER ORDER-23 RULE-3 OF C.P. CODE. The top mentioned petitioner and respondent jointly submit as follows;- WHEREAS, that petitioner and respondent are legally wedded husband and wife and their marriage was solemnized on 08-05-2016 at Adichunchanagiri Samudaya Bhavan, Shivamogga as per the traditional custom and practice prevailed in their community in the presence of relatives, invitees and elderly persons and from the said wed-lock a female child by name Trishika A. has born to the couple who is now aged about 7 years and she is under the care and custody of the petitioner. WHEREAS subsequent to the marriage the petitioner and respondent started their marital life at Davanagere in the parental house of the respondent. It is submitted that right from the date of marriage there was no common understanding between the couple and even after several rounds of panchayath held to bring about union and better understanding between the petitioner and respondent nothing has been improved and they fell apart and because of misunderstanding between the petitioner and the respondent right from the date of marriage except a couple of months they have spent the marital life separately. It is submitted that from the month of November-2021 the couple are living separately without any conjugal relationship. WHEREAS, the difference arose between the couple because of emotional, temperamental and social mal- - 5 - HC-KAR NC: 2026:KHC:33255 CRL.P No. 362 of 2023 adjustments since from the inception of marriage. It is submitted that day by day the differences got widened where the spouses reached the state of mind that they virtually felt that it is impossible for them to live together as husband and wife. Several rounds of panchayaths and reconciliations were held but in vain. WHEREAS, that subsequently the elderly persons and relatives of both sides held panchayath and advised the couple to reconcile their differences and restore the marital relationship. Even after prolonged discussions and deliberations the petitioner and respondent could not come to consensus and both of them expressed that it is impossible for them to lead martial life as husband and wife. WHEREAS, the petitioner and respondent are educated persons and only after understanding the consequences, have come to a decision that they must separate themselves by a decree of divorce and accordingly they expressed before the elders, relatives and panchayathdars that it is not possible for them to continue the marital relationship. Added to that, the couple expressed that they would shape their future if the dissolution of marriage by a decree of divorces granted. They further expressed that no purpose will be served by keeping the marital relationship intact. Since both of them are young and energetic, and highly educated having regard to the stale relationship developed between the couple the panchayathdars also felt and opined that marriage is totally unworkable, emotionally dead and beyond salvation and therefore dissolution of marriage is the right solution and the only way forward and accordingly the panchayathdars endorsed a decision taken by the petitioners so that they can find their future to make it happy and prosperous. The petitioner and respondent volitionally and voluntarily agreed to get the marriage dissolved by a decree of divorce with their mutual consent. Hence, the marriage that has been solemnized between the petitioners on 08-05-2016 at Adichunchanagiri Samudaya - 6 - HC-KAR NC: 2026:KHC:33255 CRL.P No. 362 of 2023 Bhavan, Shivamogga city has been irreparably and irretrievably broken down and collapsed. 1. It is submitted that the gold ornaments and silver and other articles and attires that were gifted to each other by both the families of the petitioner and respondent have been exchanged between them in the presence of their family members and the petitioner and respondent submit that there is nothing to be exchanged between them. In other words they have no claims against each other in the above regard. 2. It is submitted that the petitioner has volitionally and voluntarily given up her right of maintenance and permanent alimony for herself and her daughter Trishika A. and the said female child shall continued to be under the care and custody of the petitioner and she has taken entire responsibility of maintaining and bringing up her daughter in future and the respondent has voluntarily and volitionally given up his visitation right and also custody of his daughter and as stated above his daughter will continue to stay under the custody of the petitioner. 3. 3. It is submitted that the petitioner and respondent do not claim any manner of right, title or interest in or upon the movable and immovable properties of each other in the sense the petitioner does not claim any manner of right, title or interest in or upon the movable and immovable properties of the respondent that is presently owned by him or acquired in future and similarly the respondent also does not claim any manner of right, title or interest in or upon the movable and immovable properties of the petitioner that is presently owned by her or acquired in future. 4. It is submitted that the petitioner and respondent volitionally agreed to withdraw the allegations and counter allegations made by each other in several proceedings initiated against each other unconditionally. It is submitted that the petitioner agreed to withdraw the maintenance recovery petition filed by her in C.Misc.No.287/2024 on the - 7 - HC-KAR NC: 2026:KHC:33255 CRL.P No. 362 of 2023 file of the Hon'ble Family court Shivamogga, and In C.C. No.1306/2022 on the file of the JMFC-II at Shivamogga and also Crl. Petition No.362/2023 pending before the Hon'ble High court of Karnataka at Bangalore and RPFC 71/2024 before the Hon'ble High court of Karnataka at Bangalore unconditionally. 5. It is submitted that both the petitioner and the respondent agree that they will not misuse any photographs or digital records they have each other. They will not use them in any way that could harm or demean the other person on any grounds and shall not interfere in personal lives of each other. Wherefore, the petitioner and respondent jointly respectfully pray that the Hon'ble court may kindly be pleased to pass a judgment and decree dissolving the marriage solemnized between them on 08-05-2016 at Adichunchanagiri Samudaya Bhavan, Shivamogga city and registered at Sub-Registrar Office, at Shivamogga dated: 11-05-2016 vide Marriage No: SMG-HM121-2016-17 Vide CD No: SMGM23 by a decree of divorce by allowing the petition in terms of this compromise in the ends of justice." 3. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the memorandum of compromise petition and close the proceedings against the petitioners in the subject petition. 4. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. - 8 - HC-KAR NC: 2026:KHC:33255 CRL.P No. 362 of 2023 (ii) The Investigation in crime No.132/2021 registered by Women Police Station, Shivamogga, pending on the file of JMFC II Court, Shivamogga, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 116