- 1 - HC-KAR CNR: KAHC010595212023 NC: 2026:KHC:39704 CRL.P No. 11854 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11854 OF 2023 BETWEEN: 1. NEMIRAJ SHETTY S/O CHANDRA SHEKAR SHETTY AGED ABOUT 37 YEARS 2. CHANDRA SHEKAR SHETTY S/O LATE BANTAPPA SHETTY AGED ABOUT 66 YEARS 3. PRASADA SHETTY SON OF CHADNRA SHEKAR SHETTY AGED ABOUT 43 YEARS 4. SHOBHA SHETTY WIFE OF CHANDRA SHEKAR SHETTY AGED ABOUT 63 YEARS ALL ARE RESIDING AT NO 5-175-1 SIDDI VINAYAKA NIAVASA, NEMU SHETTY COMPOUND BEHIND PADVUVA HIGH SCHOOL NANTHOOR, MANGALORE - 575 004. …PETITIONERS (BY SRI. AKHIL S, ADVOCATE) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010595212023 NC: 2026:KHC:39704 CRL.P No. 11854 of 2023 AND: 1. THE STATE OF KARNATAKA WOMEN POLICE STATION, PANDESHWAR, MANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. BHOOMI RAMACHANDRA D/O LATE M RAMACHANDRA AGED ABOUT 39 YEARS RESIDING AT NO 1013/1113, IVORY TOWERS, SL MATHEES ROAD ATTAVARA, MANGALORE - 573 118 ALSO AT NO. 690, SHRI MAHALSKHI VENKATESHWARA THEATER ROAD DEVASANDRA, K.R. PURAM BANGALORE - 560 035. …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R1; SRI. MITHUN GERAHALLI A, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.2645/2021 NOW PENDING BEFORE 3rd JMFC COURT AT MANGALURU ARISING OUT OF CR.NO.16/2021 REGISTERED BEFORE THE WOMEN POLICE STATION, PANDESHWAR ON 25.02.2021 FOR THE OFFENCE P/U/S.498-A, 417, 323, 504, 506 R/W SEC.34 OF IPC AND SEC.4 OF DP ACT. - 3 - HC-KAR CNR: KAHC010595212023 NC: 2026:KHC:39704 CRL.P No. 11854 of 2023 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 the proceedings in C.C.No.2645/2021 registered for the offences punishable under Sections 498(A), 417, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860 ('the IPC' for short) and Section 4 of the Dowry Prohibition Act, 1961. 2. Heard Sri. Akhil S., learned counsel appearing for the petitioners; Smt. Deepthi Alva, learned High Court Government Pleader appearing for respondent No.1 and Sri. Mithun Gerahalli A., learned counsel appearing for respondent No.2 and have perused the material on record. 3. The parties to the lis were also before the Family Court in M.C.No.1707/2021 and have settled the dispute amongst themselves before the Family Court by terms of settlement. One of the term of the settlement is, closure of the - 4 - HC-KAR CNR: KAHC010595212023 NC: 2026:KHC:39704 CRL.P No. 11854 of 2023 present proceedings. The said term in the 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 The Parties above named humbly submits as follows I. The Petitioner has filed this petition against the Respondent under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The Petitioner and the Respondent are Hindus by Religion. They are legally wedded to each other, their marriage having been solemnized on 27/11/2015 as per Hindu rites and customs at Sri Kollur Mookambika Temple, Kollur, Udupi District, Karnataka. Disputes arose between the Petitioner and Respondent and since October 2019 they have not been cohabiting together. They have not been blessed with children. The Petitioner on 25/02/2021 has filed a Complaint against the Respondent and his family members that is registered as Cr. No. 0016/2021 for the offences under Section 417, 498-A, 32, 505, 506 and under Section 4 of the Dowry Prohibition Act, before the Mangalore Women P.S., Pandeshwar, Mangalore. It is pending investigation. The Respondent has filed M.C. No. 301/2021 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, before the Hon'ble 1 Addl. Judge. Family Court at Mangalore, that is pending adjudication. II. The aforesaid petition was referred to Mediation for resolving the dispute between the parties. During the course of Video Conference Mediation, the parties along with their respective Advocates have participated and resolved their disputes and agreed to the following terms and conditions. - 5 - HC-KAR CNR: KAHC010595212023 NC: 2026:KHC:39704 CRL.P No. 11854 of 2023 i) The Petitioner and the Respondent have mutually agreed that their marriage solemnized on 27/11/2015 at Sri Kollur Mookambika Temple, Kollur, Udupi District, Karnataka, be dissolved by a decree of divorce. ii) Both the Parties agree in lieu of this Memorandum of Settlement being reported and accepted by the Hon'ble Additional Principal Judge, Family Court at Bengaluru and passing an order and decree of divorce in terms of settlement, shall simultaneously move the Hon'ble High Court of Karnataka for quashing of the proceedings in Cr. No. 0016/2021 for the offences under Section 417, 498-A, 32, 505, 506 and under Section 4 of the Dowry Prohibition Act, initiated by the Petitioner, before the Mangalore Women P.S., Pandeshwar, Mangalore on same day or following day by producing copy of the decree of Hon'ble Court in terms of settlement agreed between the Parties to end all disputes, cases pending before any courts as agreed herein without precipitating any further in terms of the settlement until quashing or withdrawal of those cases. iii) The Respondent undertakes to withdraw M.C. No. 301/2021 pending before the Hon'ble 1st Addl. Judge, Family Court at Mangalore simultaneously by producing the copy of the decree passed by the Hon'ble Additional Principal Judge, Family Court at Bengaluru dissolving the marriage between the Parties. iv) Both the parties state that each of them shall not use, misuse photographs, messages, E-mails of each other, in future. v) Both the parties state that they have already exchanged their articles such as gold, silver and other valuables given or taken or otherwise, thus in this regard they have no claims against each other for maintenance or alimony or settlement or compensation in any regard from either of the parties. - 6 - HC-KAR CNR: KAHC010595212023 NC: 2026:KHC:39704 CRL.P No. 11854 of 2023 vi) Both the parties state that they have no claims over movable/immovable properties belonging to each other either existing or to be acquired in future. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each other, either present, past or future. Further, it is specifically agreed and represented by the Respondent that the property bearing Sy. No.86, R.S No. 845 & 846/1 and T.S. No. 643 & 642, Falnir Ward No.47, Block 4, Street 24 Nandigudda Main Road, Attavara, Mangaluru City, Dakshina Kannada District, measuring a total of 1 acre and 33 cents is exclusive property of the Petitioner and her parents. The Respondent has represented and agrees to the same and that he shall not have any claim or right in the said property. Any disputes arising out of the said property with any third parties and cases that are initiated against the Petitioner in which the Respondent is also made a party as result of past relationship, shall be resolved by the Petitioner herself without interference from the Respondent and Respondent shall not file any adverse statements adverse to the right of the Petitioner in those disputes or cases. vii) Both the parties have executed this agreement on their own will and volition, and there is no coercion or undue influence in arriving at this settlement. viii) Both the parties state they have no other cases pending against each other before any authority/court. ix) Both the parties state that they have arrived at this Agreement without pressing on the allegations leveled against each other. x) Both the parties agree not to interfere with each other's personal life, in future. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this - 7 - HC-KAR CNR: KAHC010595212023 NC: 2026:KHC:39704 CRL.P No. 11854 of 2023 Hon'ble Court be was solemnized on pleased to dissolve the marriage that 27/11/2015 at Sri Kollur Mookambika Temple, Kollur, Udupi District, Karnataka, by granting a decree of divorce in terms of the aforesaid agreement. IV. The Petitioner and the Respondent have to appear before the Hon'ble Court as directed and when the date of appointment given by Family Court for passing orders in terms of the agreement." 4. Therefore, in light of the settlement arrived at between the parties quoted supra, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is allowed. (ii) Proceedings in C.C.No.2645/2021 pending on the file of III Additional Judicial Magistrate First Class at Mangalore stands quashed, qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 36