Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010456782026 NC: 2026:KHC:36246 CRL.P No. 9908 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9908 OF 2026 BETWEEN:
1. ANURADHA, W/O LAKSHMINARAYANA, AGED ABOUT 40 YEARS, B-705, IDEAL CARNATION APARTMENTS, R/O K.NARAYANAPURA MAIN ROAD, KOTHANUR, BENGALURU – 560 077.
2.
SHASHIKALA SAYA, W/O RAMESH SAYA, AGED ABOUT 68 YEARS, D NO 76-97-213, RAGHAVENDRA NILAYAM, NETHAJI HOUSING COLONY, SAP CAMP POST, KARNOOL (AP).
3. KAVITHA, W/O RAKESH DUTT, AGED 37 YEARS, PURVA PANORAMA APARTMENTS, KALENA AGRAHARA, BANNERGHATTA MAIN ROAD, BENGALURU – 560 076. …PETITIONERS (BY SMT. SUMANGALA A. SWAMY, ADVOCATE)
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010456782026 NC: 2026:KHC:36246 CRL.P No. 9908 of 2026
AND:
1.
THE STATE OF KARNATAKA, THROUGH THE STATE PUBLIC PROSECUTOR, HENNUR POLICE STATION, BALACHANDRA LAYOUT, BABUSABPALYA, HENNUR GARDENS, BENGALURU – 560 043.
2.
LAKSHMINARAYANA KAMARTHI, S/O VISHWANATHAN, AGED ABOUT 39 YEARS, R/O B-705, IDEAL CARNATION APARTMENTS K NARAYANAPURA MAIN ROAD, KOTHANUR, BENGALURU – 560 077. …RESPONDENTS (BY SMT.DEEPTHI ALVA, HCGP FOR R-1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ALL FURTHER PROCEEDINGS PENDING BEFORE ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN SPL.C.2443/2025 IN CRIME NO.20/2019 U/S 385, 109 OF IPC AND SEC 75 AND JJ ACT BANGALORE AND DISMISS THE COMPLAINT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
CNR: KAHC010456782026 NC: 2026:KHC:36246 CRL.P No. 9908 of 2026
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question proceedings in Spl.C.No.2443/2025, pending before the Addl. City Civil and Sessions Judge at Bengaluru, for the offences under Sections 385 and 109 of Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act,
2015. 2. Heard Smt.Sumangala A Swamy, learned counsel appearing for the petitioners, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1 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 by filing a Memorandum of Settlement before the Prl. Judge, Family Court, Bengaluru, in M.C.No.1060/2019. The said Memorandum of Settlement reads as follows:
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HC-KAR
CNR: KAHC010456782026 NC: 2026:KHC:36246 CRL.P No. 9908 of 2026
“I. The Petitioner has filed this petition against the Respondent under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent/wife. 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 advocates have participated, identified each other and resolved their dispute and agreed to the following terms and conditions:
1. The petitioner and the respondent state that their marriage was solemnized on 06.09.2007 at Sri Rukmini Panduranga Swamy Temple (Bhavasara Kshatriya Mandali, Bavasara Bhavan), Opp. Old Municipal Office Road, Near Searock School, Kunrool as per Hindu rites and customs. Subsequently their marriage was registered on 21.07.2012 before the Hindu Marriage Registrar, Kurnool Sub-District, Andhra Pradesh vide document No.138/2012 dated
21.07.2012. The Petitioner is residing at Bengaluru within the jurisdiction of this Hon'ble Court. 2. That the parties due to irreconcilable differences between them and incompatibility and temperaments have been living separately since 28 12 2018. 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.
The parties state that they have two sons (Twins) namely Master Vahin Kamarthi and Master Vishvag Kamarthi, aged about 11 years who are under the care and custody of the Petitioner/Father and shall continue to be so in future for which the Respondent/Mother has no objection. Respondent/Mother has declined her right of visitation. 4. The Petitioner has agreed to pay a sum of Rs.23,00,000/- (Rupees Twenty Lakhs Only) to the Respondent towards the maintenance/permanent alimony as full and final settlement of all her claims. Out of the said amount the Petitioner has agreed to pay a sum of Rs. 13,00,000/- (Rupees Thirteen Lakhs Only) to the Respondent by way of demand draft
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HC-KAR
CNR: KAHC010456782026 NC: 2026:KHC:36246 CRL.P No. 9908 of 2026
bearing No. 021432 dated 22.04.2026 drawn on HDFC Bank, Richmond Road, Bengaluru and the same shall be handed over to the petitioner at the time of reporting settlement before this Hon'ble Court. The remaining balance amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) will be paid by the Petitioner to the Respondent by way of demand draft before the Kurnool Court, Andhra Pradesh at the time of withdrawing/closing/quashing the proceedings in all pending cases. The respondent has agreed for the same. 5. The Respondent/wife has agreed to withdraw/close/quash the following cases:
a) C.C.No.1135/2019 pending before I Additional JMFC, Kurnool. b) DVC 16/2021 pending before JMFC & Prohibition and Excise Court, Kurnool
c) Crl.R.C. No.950/2023 pending before the High Court of Andhra Pradesh sitting at Amaravathi filed for enhancement of the maintenance awarded by Family Court in FCMC No.32/2019. d) The Respondent shall file to quash the petition in Spl.C. No.2443/2025 pending before City Civil Court (CCH-51), Bengaluru before the Hon'ble High Court of Karnataka, Bengaluru. The Petitioner/Husband shall file joint affidavit to quash the said case in view of the settlement. 6.
The Petitioner/Husband has agreed to withdraw/close/quash the following case:
a) Crl.R.C No.850/2023 pending before the High Court of Andhra Pradesh sitting at Amaravathi challenging the order passed by the Family Court, Kurnool in FCMC No.32/2019. 7. Both the parties state that they have no claims over the movable or immovable properties either existing at present or to be acquired in future. 8. Both the parties state that they have already exchanged their valuable articles and other personal belongings as such they have no claims in this regard. 9. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or anything. - 6 -
HC-KAR
CNR: KAHC010456782026 NC: 2026:KHC:36246 CRL.P No. 9908 of 2026
10. Both the parties admit that they shall not interfere in the personal 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 solemnized on 06.09.2007 at Sri Rukmini Panduranga Swamy Temple (Bhavasara Kshatriya Mandali, Bavasara Bhavan), Opp. Old Municipal Office Road, Near Searock School, Kurnool and cancel their marriage was registered on 21.07.2012 before the Hindu Marriage Registrar, Kurnool Sub-District, Andhra Pradesh vide document No.138/2012 dated 21.07.2012 by granting a decree of divorce in terms of this agreement. IV. Parties will appear on 22.04.2026 before the Hon'ble Court for passing 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 the Memorandum of Settlement as quoted supra being filed 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. 6. For the aforesaid reasons, the following:
ORDER [I] Criminal Petition is disposed.
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HC-KAR
CNR: KAHC010456782026 NC: 2026:KHC:36246 CRL.P No. 9908 of 2026
[II] Proceedings in Spl.C.No.2443/2025 pending before the Addl. City Civil and Sessions Judge at Bengaluru, stands quashed qua the petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 80