- 1 - HC-KAR CNR: KAHC010236292026 NC: 2026:KHC:37877 CRL.P No. 5174 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5174 OF 2026 BETWEEN: 1. SUDARSHAN, AGED ABOUT 32 YEARS, S/O KRISHNA POOJARY, RESIDING AT:4-50A, SHRI DURGA MUTTANANDA, GONTERABETTU, TEKKATE, THEKKATTE PO, TEKATTE, DIST: UDUPI, KARNATAKA - 576231. 2. RUKMINI @ RUKMINI POOJARTHI, AGED ABOUT 56 YEARS, W/O KRISHNA POOJARY, RESIDING AT:4-50C, SHRI DURGA MUTTANANDA, GONTERABETTU, TEKKATE, THEKKATTE PO, TEKATTE, DIST: UDUPI, KARNATAKA - 576231. 3. SUJATHA, AGED ABOUT 40 YEARS, W/O DAYANAND KUMAR, RESIDING AT:4-50A, SHRI DURGA MUTTANANDA, GONTERABETTU, TEKKATE, THEKKATTE PO, TEKATTE, DIST: UDUPI - 576231, KARNATAKA. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010236292026 NC: 2026:KHC:37877 CRL.P No. 5174 of 2026 4. DAYANAND KUMAR, AGED ABOUT 40 YEARS, S/O KRISHNA, NO.4/67/C, SHREE RAMA NIVASA, HEGGURU BETTU, THEKATTE VILLAGE, KUNDAPUR, UDUPI - 576231, KARNATAKA. 5. SURESH D, AGED ABOUT 45 YEARS, S/O DEVEGOWDA, NO.104/6, SECOND B MAIN, OPP TERA PANTH BHAVAN, ADUGODI, BANGALORE SOUTH, BENGALURU CITY - 560030, KARNATAKA. 6. SUNITHA, AGED ABOUT 36 YEARS, W/O SURESH D, NO.104/6, SECOND B MAIN, OPP TERA PANTH BHAVAN, ADUGODI, BANGALORE SOUTH, BENGALURU CITY - 560030, KARNATAKA. …PETITIONERS (BY SRI. HITESH GOWDA B.J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KOTA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SMT. ASHWINI, AGED ABOUT 31 YEARS, - 3 - HC-KAR CNR: KAHC010236292026 NC: 2026:KHC:37877 CRL.P No. 5174 of 2026 D/O RAMACHANDRA P, RESIDING AT 9/1, ROOM NO. 6, ANJANADRI BUILDING, 1ST MAIN, 1ST CROSS, NANJAPPA LAYOUT, BANGALORE SOUTH, BENGALURU, KARNATAKA - 560030. …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R1; SRI.BENIGN J.C. PRASAD, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.86/2023 REGISTERED BY KOTA POLICE PENDING ON THE FILE OF THE HONBLE ADDL CIVIL JUDGE AND JMFC, KUNDAPURA FOR OFFENCE P/US/ 498-A, 323, 504, 109, 34 OF IPC 1860 AND SEC.3, 4, 6 OF DP ACT 1961, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, 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 C.C.No.86/2023, pending before the Addl. Civil Judge and JMFC, Kundapura, registered for the offences punishable under Sections 498-A, 323, 504, 109, 34 of Indian Penal Code and Sections 3, 4 and 6 of the Dowry Prohibition Act. - 4 - HC-KAR CNR: KAHC010236292026 NC: 2026:KHC:37877 CRL.P No. 5174 of 2026 2. Heard Sri.Hitesh Gowda B.J, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.Benign J.C. Prasad, learned counsel appearing for respondent No.2 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 and have filed the Memorandum of Settlement in that regard in M.C.No.7537/2025 before the I Additional Principal Judge, Family Court, Bengaluru. The said 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 this joint petition under Section 13B of the Hindu Marriage Act, 1955 for dissolution of their marriage by mutual consent. II. This Hon'ble court has waived off the 6 months mandatory waiting period by its Vide order dated 03.12.2025. III. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, both petitioners along with their counsel were present and the parties have resolved their - 5 - HC-KAR CNR: KAHC010236292026 NC: 2026:KHC:37877 CRL.P No. 5174 of 2026 dispute and have agreed to the following terms and conditions: 1. The petitioners state that they are Hindus by religion and their marriage was solemnized on 10.10.2021 at Navashakthi Kalyana Mantapa, Thekkatte as per the Hindus marriage rites and customs. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners are living separately since February 2022. 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 reunion between them. The parties state that their marriage is irretrievably broken down and there is no chance of them living under one roof as husband and wife. Hence, the petitioners have decided to get the marriage between them dissolved by a decree of divorce mutually. 3. The petitioners state that they have no children born to them from this marriage. 4. The 1st petitioner has agreed to pay a sum of Rs.6,50,000/- (Rupees Six Lakh Fifty Thousand Only) to the 2nd petitioner towards all her claims of permanent alimony as full and final settlement. Out of which Rs.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand Only) has been paid to the 2nd petitioner and the 2nd petitioner acknowledges the receipt of the same. The remaining balance of amount of Rs.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand Only) will be paid by way of Demand Draft/RTGS at the time of reporting settlement before Hon'ble Court on 18.12.2025. 5. The petitioners have already exchanged the articles and as such all their claims are fully satisfied with each other. 6. Both the petitioners have no claims against each other with regard to movables/immovable belonging to each other at present existing or to be acquired or inherited in a later stage. - 6 - HC-KAR CNR: KAHC010236292026 NC: 2026:KHC:37877 CRL.P No. 5174 of 2026 7. The petitioners admit and agree that they have no further claims of whatsoever manner against each other either past, present or future. 8. The 1st petitioner has agreed to withdraw M.C.17/2025, pending before I Additional Principal Judge, Family Court, Bengaluru filed against the 2nd petitioner. 9. The 2nd petitioner has agreed to co-operate for closing/quashing in C.C. No.86/2023, pending before Additional Civil Judge and JMFC, Kundapura filed against the 1st petitioner. 10. The petitioners admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 11. Both the petitioners have reached an understanding amongst themselves that they shall not interfere with each other's life. 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 on 10.10.2021 at Navashakthi Kalyana Mantapa, Thekkatte and to pass a judgment and a decree of divorce by mutual consent in terms of the agreement. Parties will appear on 18.12.2025 before the 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 settlement having taken place between the parties to the lis and the Memorandum of Settlement as quoted supra being filed and offences not being - 7 - HC-KAR CNR: KAHC010236292026 NC: 2026:KHC:37877 CRL.P No. 5174 of 2026 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. [II] Proceedings in C.C.No.86/2023, pending before the Addl. Civil Judge and JMFC, Kundapura, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 78