Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35517 CRL.P No. 7670 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7670 OF 2026 BETWEEN:
1.
AJAY KUMAR. M S/O MURTHY.R AGED ABOUT 34 YEARS RESIDING AT NO. 1201, 1ST CROSS 1ST MAIN, 1ST PHASE BEML LAYOUT 5TH STAGE, RAJAJESHWARINAGAR BENGALURU -560 098.
2. MURTHY.R S/O LATE RAMU AGED ABOUT 71 YEARS RESIDING AT NO. 1201, 1ST CROSS 1ST MAIN, 1ST PHASE BEML LAYOUT 5TH STAGE, RAJAJESHWARINAGAR BENGALURU -560 098.
3. KALAVATHI W/O MURTHY AGED ABOUT 64 YEARS RESIDING AT NO. 1201, 1ST CROSS 1ST MAIN, 1ST PHASE BEML LAYOUT 5TH STAGE, RAJAJESHWARINAGAR BENGALURU -560 098.
…PETITIONERS
(BY SMT: SHEETAL SONI,ADVOCATE)
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:35517 CRL.P No. 7670 of 2026
AND:
1.
THE STATE OF KARNATAKA BASAVANGUDI WOMEN POLICE STATION REP BY SPP,HIGH COURT BUILDING BANGALORE-560 001.
2.
JAYASINDHU M W/O AJAY KUMAR M AGED ABOUT 33 YEARS N.150/A, 11TH A CROSS, 2ND A MAIN WEST OF CHORD ROAD, 2ND STAGE MAHALAKSHMIPURAM BANGALORE-560 086.
…RESPONDENTS (BY SMT: WAHEEDA M.M. HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED UNDER SECTION 528 BNNS) BY THE PETITIONER PRAYING TO QUASH ALL THE PROCEEDINGS IN CC NO.27879/2019 ARISING OUT OF CRIME NO.0141/2019 REGISTERED IN BASAVANAGUDI WOMEN POLICE STATION (ANNEXURE-A AND B) AND ALL CONSEQUENTIAL PROCEEDINGS ARISING THERE FROM PENDING BEFORE THE COURT OF 24TH ADDL.CJM BENGALURU CITY.
THIS CRL.P COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioner - accused No.1 is the husband of respondent No.2 - complainant. The complainant and accused No.1 before
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HC-KAR NC: 2026:KHC:35517 CRL.P No. 7670 of 2026
the Family Court in MC No.3469 of 2023, ended the dispute of all kinds by drawing up certain terms of settlement. The terms of settlement includes the closure of the present proceedings of all kinds. 2. The memorandum of settlement 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. I. The Petitioners have filed a joint petition under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of their marriage by mutual consent. The Hon'ble Court has waived off the statutory waiting period of six months vide order dated 09.06.2023. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioners along with their counsel were present, they have resolved their dispute and have agreed to the following terms and conditions:
1. The petitioners are Hindus by religion and they state that their marriage was solemnized on 19.01.2018 at Gowri Shankar Mahal, Rajajinagar Industrial Town, West of Chord Road, Rajajinagar, Bengaluru 560 044, as per Hindurites and customs and subsequently registered before the Registrar of Marriage, Rajajinagar, Bengaluru vide Marriage No.RJN-HM742/2017-18, 19.01.2018, stored in C.D. NO. RJNM73. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately from 18.02.2019. The efforts made by the elders, friends and well-wishers to resolve the differences between the parties did not yield any
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HC-KAR NC: 2026:KHC:35517 CRL.P No. 7670 of 2026
fruits. There is absolutely no chance of reunion amongst them. Hence, the petitioners have decided to get the marriage between them dissolved by a decree of divorce mutually. 3. Both the petitioners state that they have no children born to them from the said marriage, as the marriage is not consummated. 4.
The 2nd petitioner has agreed to pay a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs Only) to the 1st petitioner towards full and final settlement as follows:- a) Out of the agreed amount, Rs.9,00,000/- (Rupees Nine Lakh Only) is agreed to be paid by way of demand draft bearing No. 769155, dated 08.06.2023 drawn on Kotak Mahindra Bank, R.R. Nagar Branch, Bengaluru before the Hon'ble Court at the time of reporting this settlement. The 1st petitioner has agreed for the same. b) Remaining sum of Rs.9,00,000/- (Rupees Nine Lakh Only) is agreed to be paid by way of demand draft bearing No. 769156, dated 08.06.2023, drawn on Kotak Mahindra Bank, R.R. Nagar Branch, Bengaluru before the Hon'ble 37(th) ACMM Court, Bengaluru at the time of closing/quashing C.C.No.27879/2019. The 1(st) petitioner has agreed for the same. 5. The petitioners state that, apart from the above, they have no other claims of whatsoever against each other either for the past, present or future and also have no claims over the movable or immovable properties belonging to each other either existing at present or to be acquired in future. 6. Both petitioners state that they will exchange their gold and other jewellery as follows:- The 1(st) petitioner shall handover the 2 (nd) petitioner one choker set with jumki, engagement ring, gift ring, mangalya chain with thali and the 2(nd) petitioner shall handover to 1 (st) petitioner bangle/kada, engagement ring before the Hon'ble 37 (tn) ACMM Court at the time of closing/quashing of C.C.No.27879/2019. - 5 -
HC-KAR NC: 2026:KHC:35517 CRL.P No. 7670 of 2026
7. Both the petitioners further agree that they have no other claims of whatsoever manner against each other either past, present or future and also indemnify each other that they shall not file any complaint/case against each other before any officer/authority/tribunal/court and in the event such case is found later not mentioned herein by oversight shall be disposed off/dismissed as not pressed. 8. In view of this settlement, the 1st petitioner has agreed to withdraw M.C.No.828/2020 pending on the file of III Addl.
Family Court, Bengaluru filed against the 2nd petitioner herein seeking restitution of conjugal rights as not pressed. The 1st petitioner also agrees and undertakes to cooperate in closure by compounding/quashing C.C.No.27879/2019 pending on the file of 37th ACMM, Bengaluru filed against the 2nd petitioner for the offence punishable under Section 498- A, 506 r/w Section 34 of IPC in accordance with law. 9. Both petitioners agree that there are no other pending cases / complaints against each other. 10. Both petitioners have agreed to delete the photos /audio/videos/recordings of each other which are in their possession and indemnify other's privacy. Both petitioners herein undertake that they shall restrain themselves from making any statements/ allegations against each other in any public/social forum/platform. 11. Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner. 12. Both the petitioners admit that they shall not interfere in the lives of each other in future, either in their private affairs or in their personal life. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve their marriage solemnized 19.01.2018 at Gowri Shankar Mahal, Rajajinagar Industrial Town, West of Chord Road, Rajajinagar, Bengaluru 560 044 and for cancellation of
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HC-KAR NC: 2026:KHC:35517 CRL.P No. 7670 of 2026
the marriage registered before the Registrar of Marriage, Rajajinagar, Bengaluru vide Marriage No.RJN- HM742/2017-18, dated 19.01.2018, stored in C.D.No.RJNM73, and to pass a decree in terms of the aforesaid agreement by way of mutual consent. IV. Parties will appear on 12.06.2023 before the Court for passing orders in terms of the agreement."
3. In the light of the settlement between the parties and its closure being agreed upon in the memorandum of settlement, issuing notice and then passing an order is only an empty formality. 4. In that light, this Court passes the following:
ORDER i) Criminal Petition is disposed of. ii) The proceedings in CC No.27879 of 2019 pending on the file of 24th Additional Chief Judicial Magistrate, Bengaluru City, Bengaluru, is hereby quashed.
Sd/- (M.NAGAPRASANNA) JUDGE
BGN, List No.: 2 Sl No.: 14