- 1 - HC-KAR CNR: KAHC010117742024 NC: 2026:KHC:36548 CRL.P No. 1994 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1994 OF 2024 BETWEEN: 1. SRI. SANKETH S N, C/O NAGARAJA S.V, AGED ABOUT 28 YEARS (PRESENT AGE), R/AT NO.295, F BLOCK, ASHRAYA BADAVANE, BOMMANAKATTE, SHIVAMOGGA, KARNATAKA – 577294. 2. SRI. S.V. NAGARAJ, S/O VEERABHADRAPPA, AGED ABOUT 54 YEARS (PRESENT AGE), R/AT 2ND CROSS, HARIGE, NEAR GOVERNMENT SCHOOL, SHIVAMOGA - 577201. 3. SMT. G.T. SUDHA, W/O S.V. NAGARAJ, AGED ABOUT 47 YEARS, R/AT 2ND CROSS, HARIGE, NEAR GOVERNMENT SCHOOL, SHIVAMOGA - 577201. 4. SRI. SANDESH S N, C/O NAGARAJA S.V., AGED ABOUT 23 YEARS (PRESENT AGE), R/AT 2ND CROSS, HARIGE, NEAR GOVERNMENT SCHOOL, SHIVAMOGA – 577201. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010117742024 NC: 2026:KHC:36548 CRL.P No. 1994 of 2024 5. SRI. MANJAPPA S.V., S/O VEERABHADRAPPA, AGED ABOUT 61 YEARS (PRESENT AGE), R/AT NO.144, GOLLARAHALLI, DAVANAGERE, KARNATAKA – 577552. …PETITIONERS (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NAGARA POLICE STATION, SHIVAMOGGA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560001. 2. SMT. SANNIDHI, W/O SANKETH S.N., AGED ABOUT 27 YEARS, (PRESENT AGE), R/AT HOLEKOPPA, HENDEGADDE, MUDUGOPPA VILLAGE, NAGARA HOBLI, HOSANAGARA TALUK, SHIVAMOGGA – 577418. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC TO QUASH THE FIR INITIATED AS AGAINST THE PETITIONERS IN CR.NO.71/2023 DATED 27.12.2023 FILED BY THE RESPONDENT NO.1 NAGARA P.S., AT SHIVAMOGGA WHICH IS PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR. DN) AND J.M.F.C COURT, HOSANAGARA AT SHIVAMOGGA DISTRICT FOR THE OFFENCE - 3 - HC-KAR CNR: KAHC010117742024 NC: 2026:KHC:36548 CRL.P No. 1994 of 2024 P/U/S 498A, 504, 506, 420, 34 OF IPC AND SEC.3, 4 OF D.P ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in Crime No.71/2023, pending before the Prl. Civil Judge (Jr. Dn) and J.M.F.C Court, Hosanagara at Shivamogga district, for the offences under Sections 498A, 504, 506, 420, 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri.Gaurav Subramanyam, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP for respondent No.1 and have perused the material on record. - 4 - HC-KAR CNR: KAHC010117742024 NC: 2026:KHC:36548 CRL.P No. 1994 of 2024 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves in M.C.No.85/2026 before the Family Court at Shivamogga. The judgment passed by the Family Court at Shivamogga in M.C.No.85/2025 on 02.05.2025, reads as follows: “This is petition under section 13 (B) of Hindu Marriage Act for dissolution of their marriage by mutual consent. 2. The brief contents of the petition are as under:- 2.1 The second petitioner is the legally wedded wife of the first petitioner. Their marriage was solemnized on 10.02.2023, at Shubha Mangala Kalyana Mantapa in Shivamogga, according to Hindu rites and customs, in the presence of elders and well-wishers from both families. It was a love-cum-arranged marriage. After the marriage, the couple lived together at the first petitioner's house. However, due to a lack of co-operation from the second petitioner, significant irreconcilable differences arose in their marital life. Consequently, the second petitioner left the first petitioner's house and has been living with her parents for over two years. Since then, the couple has been living separately without cohabitation, and they have no children from the marriage. Despite several attempts by elders and well-wishers to mediate through local councils, these efforts have been unsuccessful. After numerous failed attempts at reconciliation, the couple has decided to permanently part ways, as they are unable to live together. 2.2 As part of their settlement and agreement, the first petitioner has agreed to return the gold belongings to the second petitioner. The second petitioner's gold ornaments have been pledged with Canara Bank, Gandhi Bazaar Branch, Shivamogga, in her name. The first petitioner has agreed to pay off the loan amount, including interest. The second petitioner has consented to appear before the bank to facilitate the release of the ornaments. According - 5 - HC-KAR CNR: KAHC010117742024 NC: 2026:KHC:36548 CRL.P No. 1994 of 2024 to the terms of the settlement, the second petitioner has no claim or right over the first petitioner's property and has agreed not to file any civil or criminal case against him in the future. Both parties have also agreed not to interfere in each other's personal lives going forward. Hence, this petition. 3. The record depicts that after registering the petition, the matter was referred for conciliation. The conciliator has submitted the report stating that conciliation effort failed. 4. I.A.No.1 filed by the petitioners under Sec. 13 (Β) (2) of Hindu Marriage Act was allowed on 27.03.2025 and in view of the said Order, cooling off period of 6 months has been waived. 5. Petitioners were examined as witnesses Pw-1 and Pw-2, respectively and the documents were marked as Ex.P.1 to Ex.P.5. They subsequently closed their side of the evidence. 6. Heard the arguments and perused the materials placed before the Court. Now, following points arise for considerations for the disposal of the petition. 1. Whether the petitioners have made out grounds for divorce U/Sec 13 (B) of Hindu Marriage Act? 7. My findings to the above points are as under: Point No.1: In the affirmative as per final order for the following: R E A S O N S 8. Point No.1: The petitioners have formally submitted this petition under Section 13-B of the Hindu Marriage Act, seeking a divorce by mutual consent based on the undeniable grounds that their marriage has irretrievably broken down. - 6 - HC-KAR CNR: KAHC010117742024 NC: 2026:KHC:36548 CRL.P No. 1994 of 2024 9. It is an undisputed fact that the petitioners are a married couple who entered into matrimony on 10.02.2023, at Shubha Mangala Kalyana Mantapa, Shivamogga. Supporting evidence includes their marriage invitation card, wedding photographs, and the Aadhaar cards of both petitioners. The relationship between the parties is not in dispute. 10. This petition is uncontested, as both parties have reached a mutual agreement to dissolve their marriage through a legal decree of divorce. They have provided affidavits to support their claims, echoing the statements made in their petition. It is clear that the couple has separated due to irreconcilable differences. The petitioners' testimonies strongly establish that reconciliation is not an option, and both have firmly chosen to pursue a divorce. 11. Undisputedly, the couple does not have any children from this marriage. The evidence provided by this couple shows that they have been living separately for over two years, without any cohabitation. Additionally, evidence from the second petitioner indicates that she has relinquished her right to maintenance from the first petitioner. Both petitioners have agreed to respect each other's lives in the future and have no claims against each other regarding movable or immovable properties going forward. They have also agreed not to file any civil or criminal complaints against one another in a police station or a court of law. 12. Both petitioners have chosen to live separately to avoid unhappiness, disharmony, and mental distress. Evidence presented by both petitioners indicates that reconciliation is unlikely. Testimonies from witnesses confirm that they are not interested in continuing their marriage and have decided to end their relationship. 13. Both parties recognize their irreconcilable differences and acknowledge that remaining in their marriage would only result in further mental and physical distress. 14. A divorce by mutual consent is the most sensible path forward, allowing both individuals to rebuild their lives in - 7 - HC-KAR CNR: KAHC010117742024 NC: 2026:KHC:36548 CRL.P No. 1994 of 2024 a healthier manner. They demonstrate a commendable level of maturity and an understanding of their responsibilities. Given their clear desire to separate and the absence of justification for the continuation of their marriage, this court accepts the testimonies of petitioners. From any angle, this case is suitable for granting a decree of divorce. Therefore, I answer the point No.1 in the Affirmative. Hence, the following: ORDER The joint petition filed by the petitioners U/Sec. 13-B of the Hindu Marriage Act is hereby allowed as under, The marriage of the petitioners which was solemnized on 10.02.2023 at Shubha Mangala Kalyana Mantapa, Shivamogga is hereby dissolved by way of mutual consent. The second petitioner has waived her right to future maintenance against first petitioner. Office to draw decree accordingly." 4. In the light of the judgment of the Family court as quoted supra and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. - 8 - HC-KAR CNR: KAHC010117742024 NC: 2026:KHC:36548 CRL.P No. 1994 of 2024 [II] Proceedings in Crime No.71/2023, pending before the Prl. Civil Judge (Jr. Dn) and J.M.F.C Court, Hosanagara at Shivamogga district, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 5