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2026 DAILYLAW 27155 (KAR)

VINAY ARADHYA M A v. STATE OF KARNATAKA

WP/30979/2025 · 2026-07-02

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33248 WP No. 30979 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 30979 OF 2025 (GM-RES) BETWEEN: VINAY ARADHYA M.A., AGED ABOUT 38 YEARS S/O. MR. ANAND H.N. R/AT OLD NO.23/2, NEW NO.9 NIMISHAMBA NILAYA, 7TH MAIN, 4TH CROSS, PA B III STAGE, BENGALURU - 560 085. …PETITIONER (BY SRI. SANDESH KUMAR M, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMENS POLICE STATION BANGALORE SOUTH DIVISION, BANGALORE CITY. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SOWMYA NAG C.T AGED ABOUT 36 YEARS W/O VINAY ARADYA M.A 23/34, HRISHIKESH 8TH MAIN, 4TH CROSS KIMS MEDICAL COLLEGE, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33248 WP No. 30979 of 2025 PAPAIAH GARDEN, BANASHANKARI III STAGE BENGALURU - 560 085. …RESPONDENTS (BY MS. DEEPTI ALVA, HCGP FOR R1; SRI. JAMES P. ARUN KUMAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO QUASH THE FIR DATED 11.08.2025 VIDE ANNEXURE-A REGISTERED BY THE R1 IN CRIME NO. 95/2025 BU THE SOUTH WOMENS POLICE, SOUTH DIVISION, BENGALURU CITY FOR OFFENCE PUNISHABLE UNDER SEC. 376-B, OF IPC, PENDING BEFORE 37TH ACMM COURT BANGALORE IN THE ENDS OF JUSTICE AND EQUITY SO FAR AS PETITIONER IS CONCERNED AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Sandesh Kumar M., learned counsel appearing for the petitioner; Ms. Deepti Alva, learned High Court Government Pleader appearing for respondent No.1 and - 3 - HC-KAR NC: 2026:KHC:33248 WP No. 30979 of 2025 Sri. James P. Arun Kumar, 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 and have filed a joint memo along with an affidavit. The joint memo reads as follows: "JOINT MEMO" The Petitioner and Respondent No.2 respectfully submit as follows: 1. The Petitioner and Respondent No.2 have filed M.C. No.3540/2026 under Section 13(B) of the Hindu Marriage Act, 1955 before the competent Family Court seeking dissolution of their marriage by mutual consent. 2. During the pendency of the said proceedings, the matter was referred to mediation. The parties have amicably resolved all their disputes before the Mediation Centre and have entered into a comprehensive Mediation Settlement Agreement, which has been accepted by the learned Family Court. 3. As per Clause 16 of the Mediation Settlement Agreement, both parties have agreed to withdraw all litigations pending against each other and their respective family members. Insofar as the present writ petition is concerned, Clause 16(d) of the Settlement Agreement specifically provides that both parties shall appear before this Hon'ble Court for quashing FIR No.95/2025 registered by South Women Police Station, Bengaluru, and that Respondent No.2 shall extend her full cooperation by filing the necessary affidavit/joint memo and by appearing before this Hon'ble Court. - 4 - HC-KAR NC: 2026:KHC:33248 WP No. 30979 of 2025 Accordingly, para no.16 of the mediation settlement report is extracted herein. 16. WITHDRAWAL OF CASES: The petitioners state that the details and status of litigation between them are as follows: S.No. Case No. FILED/PENDI NG BEFORE STATUS 1 GWC 32/2025 6th Addl. Family Court, Bengaluru Pending for Judgment 2 CRL.MISC. 1018/2025 6th Addl. Family Court, Bengaluru. Pending 3 CRL.MISC. 14/2025 JMFC(TC-II), Bengaluru Pending 4 FIR No.95/2025 South Women PS, Bengaluru 37th ACJM, Bengaluru Pending/Stay Granted in WP 30979/2025 till next date of hearing. 5 WP 17586/2025 (DV Parents) Hon'ble High Court of Karnataka Pending/Stay Granted till next date of hearing 6 WP 569/2026 (DV Husband) Hon'ble High Court of Karnataka Pending/Stay granted till next date of hearing. 7 WP 30979/2025 (FIR) Hon'ble High Court of Karnataka Pending/Stay granted till next date of hearing. a. Both petitioners agree that the Petitioner No.1/Mother shall withdraw the G&WC 32/2025 and Crl.Mis 1018/2025 - 5 - HC-KAR NC: 2026:KHC:33248 WP No. 30979 of 2025 pending before this Hon'ble Court, at the time of OR before the issuance of the final order of divorce in this petition. A joint memo shall be filed by both Petitioners herein for such withdrawal. b. Both Petitioners agree that the Petitioner No.1/Mother shall withdraw the Crl.Ms 14/2025, pending before the JMFC-TC-II, Bengalure, within 7 (seven) days from the date of disposal of the mutual consent petition. A joint memo shall be filed by both Petitioners herein for such withdrawal. c. Both Petitioners agree the Petitioner No.2/Father shall withdraw WP 17586/2025 and WP 569/2026, pending before the Hon'ble High Court of Karnataka, as part of the terms of this agreement, within 15 (fifteen) days from the date of disposal of this consent petition. A joint memo shall be filed by both Petitioners herein for such withdrawal. d. Both Petitioners agree to appear before the Hon'ble High Court of Karnataka in WP 30979/2025 to QUASH the aforementioned FIR No.95/2025, registered in South Women Police Station, Bengaluru, and pending before the Court of the 37th Additional Chief Judicial Magistrate, Bengaluru, as part of the terms of this agreement, within 15 (fifteen) days from the date of disposal of this consent petition. The Petitioner No.1/Wife/Mother shall cooperate to complete all the necessary formalities to quash the above case, including appearing before the Hon'ble High Court of Karnataka and filing of joint affidavit / joint memo. The Petitioner No2/Husband shall file necessary application for compounding, and shall take steps to list the matter before the concerned Bench, at the earliest, and no later than 15 (fifteen) days from the date of disposal of this consent petition. e. Both Petitioners agree that there are no other cases or complaints filed against each other or their respective families, that are pending in any Court, anywhere, other than what is stated above. 4. It is submitted that the parties have voluntarily entered into the settlement without any force, coercion or undue influence. They have resolved all their matrimonial disputes - 6 - HC-KAR NC: 2026:KHC:33248 WP No. 30979 of 2025 and have decided to put an end to all civil and criminal proceedings pending between them. 5. The parties further submit that they have no subsisting grievance against each other and have withdrawn all allegations made against each other and against their respective family members. 6. In view of the comprehensive settlement arrived at between the parties, continuation of the criminal proceedings arising out of Crime No.95/2025 registered by South Women Police Station, Bengaluru, for the offence punishable under Section 376(B) of the Indian Penal Code, now pending on the file of the learned 37th Additional Chief Judicial Magistrate, Bengaluru, would serve no useful purpose and would amount to an abuse of the process of law. 7. The parties therefore jointly request this Hon'ble Court to exercise its extraordinary jurisdiction and inherent powers to quash the aforesaid FIR and all consequential proceedings, in the interest of justice, equity and to secure the ends of justice. WHEREFORE, the Petitioner and Respondent No.2 most respectfully pray that Allow the above Writ Petition, Quash the proceedings in Crime No.95/2025 registered by South Women Police Station, Bengaluru, for the offence punishable under Section 376(B) of the Indian Penal Code, and all consequential proceedings pending before the Court of the learned 37th Additional Chief Judicial Magistrate, Bengaluru; in the interest of justice and equity. 3. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the joint memo and close the proceedings against the petitioner in the subject petition. 4. For the aforesaid reasons, the following: - 7 - HC-KAR NC: 2026:KHC:33248 WP No. 30979 of 2025 ORDER (i) Writ Petition is disposed. (ii) The investigation in crime No.95/2025 registered by the South Women's Police, South Division, Bengaluru pending on the file of 37th ACMM Court, Bangalore, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 3 Sl No.: 4