Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010519842025 NC: 2026:KHC:39321 CRL.P No. 11510 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11510 OF 2025 BETWEEN:
1.
MR. ROHITH S S/O. K. SRIRAM (LATE) AGED ABOUT 40 YEARS RESIDING AT NO. 55/1 VANIVILAS ROAD BASAVANAGUDI BENGALURU-560 004.
…PETITIONER (BY SMT: JAYASHREE PATIL R, ADVOCATE) AND:
1.
SMT. MYTHRI PANDESHWARA KRISHNA D/O. KRISHNA THUNGA AGED ABOUT 39 YEARS OCCUPATION ENGINEERING MANAGER R/AT NO. 43241, PRESTIGE FALCON CITY KONANKUNTE CROSS KANAKAPURA ROAD BANGALORE-560 062.
…RESPONDENT
(BY SMT: ANITHA R. ADVOCATE)
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010519842025 NC: 2026:KHC:39321 CRL.P No. 11510 of 2025
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED UNDER SECTION 528 BNNS) BY THE PETITIONER PRAYING TO QUASH IN THE PETITION FILED IN WHICH IS PRODUCED AS DOCUMENT NO.1 ON THE FILE OF THE CRL.MISC.NO.5/2025 BEFORE THE HOBNEL 2ND MMTC METROPOLITAN MAGISTRATE COURT BENGALURU OFFENCE PUNISHABLE UNDER SECTIONS 12(1), 18, 19, 20, 22, 23 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT.
THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner is before this Court calling in question the proceedings in Crl.Misc.No.5 of 2025 registered for the offences punishable under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005.
2. Heard Smt R Jayashree Patil, learned counsel appearing for the petitioner and Smt R Anitha, learned counsel appearing for the respondent and have perused the material on record.
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HC-KAR
CNR: KAHC010519842025 NC: 2026:KHC:39321 CRL.P No. 11510 of 2025
3. The parties to the lis were also before the Family Court in MC No.3755 of 2026 and have settled the dispute amongst themselves before the Family Court by terms of memorandum of settlement. One of the term of the memorandum of settlement is, closure of the present proceedings. The said term in 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.
The parties above named beg to submit as follows:-
I. The petitioners have filed this joint petition under Section 13-B of the Hindu Marriage Act for dissolution of their marriage. The statutory period of six months has been waived of by the Hon'ble Court vide its
order dated 27.06.2026. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, petitioners along with their advocates were present, identified each other and they have resolved their dispute have agreed to the following terms and conditions:
1. The petitioners are Hindus by religion and their marriage was solemnized on 31.08.2014 at Samskruthi Banquet Hall, Bengaluru, as per Hindu rites and customs. Subsequently, the said marriage was registered on 07.03.2015 before the Registrar of
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HC-KAR
CNR: KAHC010519842025 NC: 2026:KHC:39321 CRL.P No. 11510 of 2025
Marriages, Basavanagudi, Bengaluru vide certificate No.BSG-HM1066-2014-15 stored in Ç.D No. BSGM52. Both the parties state that they have a daughter by name Surabhi R, born on 18.08.2017, presently under the care and custody of 1st petitioner/mother and shall continue to be so in future for which the 2nd petitioner/father has no objection. 3. Due to irreconcilable differences incompatibility and temperaments, the petitioners are living separately from 24.10.2024. 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 amongst them since the marriage is irretrievably broken down. Hence, the petitioners have decided to get the marriage between them be dissolved by a decree of divorce mutually. 4. The 2nd petitioner is at liberty to visit the child once in 15 days for up to two hours in month at any public place. Further, upon the child's relocation outside of Bengaluru but within India, visitation in a public place for up 2 hours will be initiated by the 2nd petitioner once in 3 months with prior intimation to 1st petitioner. The travel and stay for these out of state visitation shall be taken care of by the 2nd petitioner. Every thing is as per convenience of the child. If a session is missed for whatever reason and so also because of the unavailability of the child, it will be compensated with up a maximum of 4 hours in a single session in the following visitation it can't be construed for beyond 4 hours for whatsoever reasons. 5. In case of relocation of the child abroad by the 1st petitioner for work or for any reason whatsoever, visitation shall be once in 15 days video calls as per the time zone agreed by the petitioners.
The 1st petitioner shall endeavor to visit India once in a years or as mutually agreed between parties which will not disturb education of the child and the school holidays as planned by the parties, the 1st petitioner personally or corporate travel timelines. When, the 1st petitioner visit to India will be intimated to the 2nd petitioner excluding
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HC-KAR
CNR: KAHC010519842025 NC: 2026:KHC:39321 CRL.P No. 11510 of 2025
extraneous circumstances (Which explicity include but are not limited to visa processing delays, passport renewals, immigration holds, health issues or flight disruptions). 6. It is submitted that the 1st petitioner/mother will have all rights and sole custody and legal power to sign all the government documents such as passport renewal, visa application, permit and other documents obviating the requirement for any further individual signatures or physical presence of the 2nd petitioner or No Objection Certificates for domestic and international purpose. The 1st petitioner will also have the rights to sign/authorize, school/college and or any other educational documents for the child independently relating to the child till the age of 18 years shall be authorized by the 1st petitioner and the 2nd petitioner has no objection to the same. 7. Further, the 2nd petitioner will deposit Rs.3,00,00,000/- (Rupees Three Crore Only) on or before 30.04.2027 into Demat Account for the benefit of the child, the 1st petitioner and 2nd petitioner already created a Demat account with depositary Id No.12081601 and beneficiary ID 30472355 which is linked HDFC Bank Account No.50100886919966 in the name of the child Surabhi R. At the age of 18, the Demat account will be converted minor to major. 8. It is further agreed between the petitioners that, the 2nd petitioner has agreed prior to the child attaining age of 18 years, 1st petitioner shall make request to withdraw from DEMAT account to fund the child's higher/specialized education or any medical emergencies with no restrictions from 2nd petitioner, which will be the within 7 days of notification and credited to the linked bank account. 9.
Further, It is submitted that the 2nd petitioner records his consent for the minor child to travel, relocate and reside within India or Abroad with 1st petitioner in connection with her career or personal growth with visitation as per para No.4 and 5. - 6 -
HC-KAR
CNR: KAHC010519842025 NC: 2026:KHC:39321 CRL.P No. 11510 of 2025
10. The 2nd petitioner has already released his share in the Flat No.43241, Prestige Falcon City, Konanakunte Cross, Bengaluru, in favour of the 1st petitioner and the 2nd petitioner has already made a release Deed in favour of the 1st petitioner Flat No.11042, Sobha Dream Acres, Panathur Main Road, Balagere, Bengaluru -560 087 both are handed over to the petitioner No.1. 11. It is further stated that the petitioners are mutually agreed that the immovable property situated at No.192609 Prestige Park Grove, Chikka Banahalli Road, Kodugodi, Benglauru-560 067, which is presently under construction will be registered in the name of 1st petitioner, the balance amount of this property will be paid by the 1st petitioner and the petitioner No.2 has no objection. 12. Both the parties state that they are gainfully employed as such they have no claims of maintenance/permanent alimony against each other. 13. The petitioners state that they have no claims of whatsoever nature against each other either past, present or in future. 14. Both the petitioners state that they have no claims of movables or immovable belonging to each other either existing or to be acquired in future. 15. The petitioners further state that they have already exchanged their valuable articles and other personal belongings. 16. In view of the above settlement arrived between the parties, both the parties have agreed to withdraw /cooperate for closure/quashing of the following cases filed against each other. 1 ) Crl Misc No.5/2025 pending before MMTC-II, Bengaluru. ii) G &W C No.9/2025 pending before Prl Judge Family Court, Bengaluru.
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HC-KAR
CNR: KAHC010519842025 NC: 2026:KHC:39321 CRL.P No. 11510 of 2025
iii) MC No.5623/2025 pending before Prl Judge Family Court, Bengaluru. iv) Crl Petition No.11510/20225 pending before Hon'ble High Court of Karnataka, Bengaluru. 17. The petitioners further state that there has been no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 18. Both the parties admit that they shall not interfere in their personal and professional lives of each other in future. II. 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 31.08.2014 at Samskruthi Banquet Hall, Bengaluru and cancel the marriage certificate registered on 07.03.2015 before the Registrar of Marriages, Basavanagudi, Bengaluru vide certificate No.BSG- HM1066-2014-15 stored in C.D No.BSGM52, by granting a decree of divorce, by mutual consent. III. Parties will appear on 07.07.2026 before the Hon'ble 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 the petitioner in the subject petition. - 8 -
HC-KAR
CNR: KAHC010519842025 NC: 2026:KHC:39321 CRL.P No. 11510 of 2025
5. For the aforesaid reasons, the following:
ORDER (i) Criminal Petition is disposed.
(ii) Proceedings in Crl.Misc.No.5 of 2025 pending on the file of the II MMTC, Metropolitan Magistrate Court, Bengaluru, stands quashed, qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
BGN List No.: 2 Sl No.: 53