Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010835462025 NC: 2026:KHC:40198 CRL.P No. 17309 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 17309 OF 2025 BETWEEN:
SRI. NAGARAJ GANIGAR, S/O. VEERESH GANIGAR, AGED ABOUT 44 YEARS R/AT. 1-902, ORCHID PICCADILLY, THANISANDRA MAIN ROAD, BANGALORE NORTH, BANGALORE-560064. …PETITIONER (BY SRI. DIVYATEJ H.N., ADVOCATE) AND:
1.
THE STATION HOUSE OFFICER NORTH EAST WOMEN P.S. BANGALORE-560064.
REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.
2.
SMT. SOUJANYA D.M., W/O. NAGARAJ GANIGAR, AGED ABOUT 39 YEARS, R/AT.2/3, AYASHA MANSON, 1ST MAIN, 1ST CROSS, SUBBANNA GARDEN, VIJAYANAGARA, BANGALORE-560040. …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1;
SMT. AISHWARYA, ADVOCATE FOR R2)
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010835462025 NC: 2026:KHC:40198 CRL.P No. 17309 of 2025
THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR AGAINST THE PETITIONER REGISTERED IN CRIME NO.75/2025 REGISTERED BY THE 1ST RESPONDENT POLICE FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 85, 352, AND 351(3) OF BHARATIYA NYAYA SANHITA, 2023 ON THE FILE OF THE XLI ACJM, BANGALORE CITY AND ETC.
THIS PETITION, 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 registration of a crime in Crime No.75/2025 for the offences punishable under Sections 85, 352 and 351(3) of the BNS,
2023.
2. Heard Sri. Divyatej H.N., learned counsel appearing for the petitioner, Smt. Waheeda M.M., learned HCGP appearing for respondent No.1, Smt. Aishwarya, 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.4069/2026 and have settled the dispute amongst themselves before the Principal Judge, Family Court,
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HC-KAR
CNR: KAHC010835462025 NC: 2026:KHC:40198 CRL.P No. 17309 of 2025
Bengaluru, by terms of settlement. One of the term of the settlement is, closure of the present proceedings. 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 a joint petition under Section 13-B of the Hindu Marriage Act, for dissolution of their marriage by mutual consent.
II.. The Hon'ble Court has waived off the statutory period of six months vide its
order dated
09.07.2026. 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 present, identified each other and both the parties 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 26-05-2010 at Smt. Saroji Bai Kalyana Mantapa, Near K.H.B. Colony, Chitradurga as per Hindu rites and customs. 2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately since from January 2023. 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. Hence, the petitioners have decided to get the marriage
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HC-KAR
CNR: KAHC010835462025 NC: 2026:KHC:40198 CRL.P No. 17309 of 2025
between themselves dissolved by a decree of divorce mutually. 3. Both the petitioners state that they have two sons born to them in their wedlock namely Master Vihaan, aged about 12 years and Master Vidwath aged about 5 years, both are presently under the care and custody of 1st petitioner/mother and continue to be so for which 2nd petitioner/father has no objection. The 2nd petitioner/father is entitled to visit at all reasonable time without disturbing their school schedule and with prior intimation to the 2nd petitioner/mother. 4. The 1st petitioner/mother has agreed to bear entire educational and other expenses of the both sons till their completes education. 5. The 2nd petitioner gas already register Gift Deed dated:13.02.2026, Book-I, bearing Document NO.CDG-1-14334-2025-26, Registered before the Sub-Registrar of Chitradurga, in respect of property bearing site No.34-6-634-230, Katha/Assessment No. 11885/16770/7-A, measuring: East to West: 9 Meters, North to South:12 Meters, situated at Near Yengammana Katte, War No.34, 5th Block, Chitradurga Town and the 2nd petitioner has also execute another Gift Deed dated: 22-06-2026, registered vide document No.GAN-1-01818-2026-27, Book- 1, Registered before the Sub-Registrar, Gandhinagar by transferring the Apartment bearing No.1-902, Orchid Piccadilly, Tirumenahalli, Yelahanka Hobli, Thanisandra Main Road, Chokkanahalli, Bengaluru-560040 in favour of the 1st petitioner. 6. Both the petitioners submit that the aforesaid transfers constitute full and final settlement on all her claims including her maintenance and permanent alimony.
Apart from the above, both petitioners agree that they have
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HC-KAR
CNR: KAHC010835462025 NC: 2026:KHC:40198 CRL.P No. 17309 of 2025
no claims of maintenance / permanent alimony against each other. 7. Apart from the above, both the petitioners state that they have no claims over the movable or immovable properties either existing or to be acquired in future. 8. Both petitioners state and agree that they have no other claims against each other either past, present or in future. 9. Both the petitioners agree to co-operate with in quashing/closing Crl.P. No.17309/2025, pending before High Court of Karnataka in closing of C.C.No.9666/2026, pending before the XLI ACMM, Bengaluru. 9. The petitioners further agree that they have no other claim of whatsoever manner against each other either past, present or future. 10. The petitioners admit that there is no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner. 11. Both the petitioners admit that they shall not interfere in each other's life from this day. IV. 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 26-05-2010 at Smt. Saroji Bai Kalyana Mantapa, Near K.H.B. Colony, Chitradurga pass a decree and judgment in terms of the aforesaid agreement by way of mutual consent. V. Parties will appear on 13-07-2026 before the Court for passing orders in terms of the agreement.”
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HC-KAR
CNR: KAHC010835462025 NC: 2026:KHC:40198 CRL.P No. 17309 of 2025
4. The parties to the lis are present before the Court and are identified by their respective counsel. 5. Therefore, in light of the settlement arrived at between the parties as quoted supra and the offences not being against the State, I deem it appropriate to terminate the proceedings pending against the petitioner in the subject petition. 6. For the aforesaid reasons, the following:
ORDER [I] Criminal Petition is disposed. [II] Proceedings in Crime No.75/2025, pending before the XLI ACJM, Bengaluru City, stands quashed qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 21