Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.1004 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI. POOJITH A.
S/O ASHOK RAJAVARDHAN AGED ABOUT 32 YEARS R/A NO.171, MCC APARTMENT, BEFORE TELEPHONE EXCHANGE, 2ND STAGE, GRIHLAXMI LAYOUT, KAMALA NAGAR, BANGALORE NORTH, BANGALORE – 560 079. …PETITIONER (BY SRI. MAHESH Y.L., ADVOCATE) AND:
1.
STATE OF KARNATAKA
BY BASAVANAGUDI WOMEN P.S REPRESENTED BY HCGP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2.
SMT. ASHWINI W/O SRI. POOJITH A, AGED ABOUT 27 YEARS, R/AT NO.82,
VENKATESHWARA NILAYA, 1ST FLOOR, 1ST CROSS, KEMPEGOWDANAGARA, T DASARAHALLI, BENGALURU - 560 057. …RESPONDENTS
(BY SRI. JAVEED S., HCGP FOR R-1;
SRI. MOHAN KUMAR B.M, ADVOCATE FOR R-2)
Digitally signed by VANDANA S Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED BY THE BASAVANAGUDI WOMEN P.S. IN CR.NO.22/2024 (ANNEXURE-A) AND THE COMPLAINT DATED 22.01.2024 (ANNEXURE-B) FOR THE OFFENCE P/U/S 323, 498A, 504, 506 R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT PENDING ON THE FILE OF HON’BLE 37TH A.C.M.M COURT, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner has sought for the following relief:-
“To quash the FIR registered by the Basavanagudi Women P.S. in Crime No.22/2024 (Annexure – A) and the complaint dated 22/01/2024 (Annexure – B) for the offences punishable under Sections 323, 498A, 504, 506 r/w 34 of Indian Penal Code, 1860 (IPC) and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 pending on the file of Hon’ble 37th Addl. Chief Metropolitan Magistrate Court, Bengaluru, in the interest of justice and equity.”
2.
Learned counsel for the petitioner has filed an application along with Joint Affidavit duly signed by the petitioner and his counsel and the 2nd respondent and the same is taken on record. - 3 -
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CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
3. The Memorandum of Settlement entered into between the petitioner and the 2nd respondent herein under Section 89 of CPC r/w Rule 24 of the Karnataka Civil Procedure (Mediation) Rules, 2025 filed before the Prl. Judge, Family Court at Bengaluru, reads as under:-
“MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULE 24 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. The Petitioner has filed the present petition under Sections 13(1)(i-a) of the Hindu Marriage Act, seeking dissolution of her marriage with the Respondent. II. The aforesaid petition was referred to mediation for the resolution of the dispute between the parties. During mediation, the Petitioner and the Respondent along with their advocates participated in the proceedings, identified each other and they have resolved their dispute and agreed to the following terms and conditions:
1. The parties state that their marriage was performed on 21.11.2022 at Laksha Convention Hall, Kadur, as per the Hindu rites and customs. Subsequently, the said marriage was registered on 01.04.2023 before the Registrar of Marriage, Rajajinagar, Bengaluru vide certificate No.RJN-HM5-2023-24 stored in C.D No.RJNM85. 2. That due to irreconcilable differences and incompatibility of temperaments, the parties have been living
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HC-KAR
CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
separately since 12.01.2024. With the intervention of well- wishers and elders from both the families, the parties have agreed to settle the matter amicably, considering that their marriage has irretrievably broken down and there is no possibility of reconciliation between the parties. 3. Both the parties state that they have no children born to them from their wedlock. 4. The petitioner has agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the respondent towards maintenance / permanent alimony as full and final settlement of all her claims by way of demand draft on or before 08.11.2025 before the Hon'ble Court. 5.
Both parties state that they have already exchanged the valuables and articles belonging to each other and they have no other claims against each other, whether past, present, or future, with regard to any movable or immovable properties belonging to them. 6. In view of the settlement arrived between the parties the petitioner has agreed to withdraw Crl Misc No.12/2025 before MMTC-V, subject to payment of Rs.10,00,000/-. The respondent has agreed to withdraw/close Crl P No.9225/2025 before the Hon'ble High Court of Karnataka, Bengaluru in view of this settlement, subject to the payment of permanent alimony/on the date of final settlement. - 5 -
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CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
7. The petitioner has agreed to cooperate with the respondent for the closure/quashing of Crime No.22/2024 for the offences punishable under Section 498-A, 504, 323, 506 r/w 34 of IPC, pending on the file of 37th ACJM, Bengaluru. And in this regard the respondent has preferred a Crl Petition No.1004/2025 before the Hon'ble High Court of Karnataka, Bengaluru for the relief of quashing of the aforesaid Crime No.22/2024, that in view of the settlement arrived herein the 1st petitioner has no objection for quashing of criminal case, subject to the payment of permanent alimony/on the date of final settlement. 8. In case the respondent fails to pay the above said permanent alimony/maintenance to the petitioner within the above said stipulated time, the petitioner is at liberty to pursue the above mentioned cases against the respondent. 9. Both the petitioners state that they have already exchanged their valuable, articles and other belongings as such there are no claims in this regard. 10. Both the petitioners state that, they have no further claim over the movable or immovable properties existence at present or to be acquired in future. 11. Both the petitioners further agree that they have no claim of whatsoever manner against each other either past, present or future. - 6 -
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CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
12.
Both petitioners agree that there are no other pending cases / complaints against each other before any forum. 13. Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this agreement in the aforesaid manner. 14. Both the petitioners admit that they shall not interfere in the lives of each other in future. 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, which was performed on 21.11.2022 at Laksha Convention Hall, Kadur and registered on 01.04.2023 before the Registrar of Marriage, Rajajinagar, Bengaluru vide certificate No.RJN-HM5-2023-24 stored in C.D No.RJNM85, by granting a decree of divorce in terms of the aforesaid agreement. IV. Parties will appear on 27.09.2025 before the Hon'ble Court for passing orders in terms of this agreement.”
4. Petitioner and his counsel, learned HCGP for respondent No.1 and respondent No.2 are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-
“JOINT AFFIDAVIT
“We, Poojith A, S/o Sri. Ashok Rajvardhan, R/a: #171/7, MCC Apartment, 2nd Stage, Gruhalakshmi layout,
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CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
Opp Basaveshwara Nagar, Kamalanagar, Bengaluru-
560079. And
Ashwini M G, D/o Giriesh, aged about 27 years, residing at Mathigatta, Chikkamagaluru – 577 548, do hereby solemnly affirm and state on oath as follows:
1. We are the Petitioner and the Respondent No.2 respectively in the above matter and we are completely conversant with the facts and circumstances of the above case to depose to this Affidavit. 2. We state that the marriage between the Petitioner and the Respondent No.2 was solemnised on 21/11/2022 at Laksha Convention Hall, Kadur, as per Hindu rites and customs, and was subsequently registered on 01/04/2023 before the Registrar of Marriages, Rajajinagar, Bengaluru. Owing to differences between them, the Petitioner and the Respondent No.2 have been living separately since 12/01/2024. 3.
We state that the Respondent No.2 lodged a Complaint dated 22/01/2024 before the 1st Respondent Police, pursuant to which FIR in Crime No. 22/2024 was registered against the Petitioner (Accused No.1) and his family members (Accused Nos. 2 to 4) for the offences punishable under Sections 323, 498A, 504, 506 r/w 34 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of the
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Dowry Prohibition Act, 1961, which is pending on the file of the Hon’ble 37th Additional Chief Metropolitan Magistrate, Bengaluru. The Petitioner has challenged the said FIR and Complaint in the above Criminal Petition, and this Hon’ble Court, vide Order dated 30/01/2025, was pleased to stay further proceedings as against the Petitioner. 4. We state that the Respondent No.2 had also instituted (i) a petition in M.C. No. 730/2025 before the Hon’ble Principal Judge, Family Court, Bengaluru under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage; and (ii) Crl. Misc. No. 12/2025 before the Hon’ble Judicial Magistrate First Class (Traffic Court-5), Bengaluru under the Protection of Women from Domestic Violence Act, 2005, which has been challenged by the Petitioner and his family members before this Hon’ble Court in Crl. P. No. 9225/2025. 5. We state that M.C. No. 730/2025 was referred to mediation, wherein, with the intervention of well-wishers and elders from both families, the Petitioner and the Respondent No.2 amicably resolved all their disputes and entered into a Memorandum of Settlement dated 08/09/2025 under Section 89 of the Code of Civil Procedure, 1908 r/w Rule 24 of the Karnataka Civil Procedure (Mediation) Rules, 2005. In terms of the said settlement, the Petitioner agreed to pay a sum of Rs.
10,00,000/- (Rupees Ten Lakhs only) to the Respondent No.2 towards permanent alimony, in full and final settlement of all her claims, and under Clause 7 thereof, the Respondent
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CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
No.2 agreed to co-operate with the Petitioner for the closure/quashing of Crime No. 22/2024 and expressed her no objection to the quashing of the said criminal case in the above Criminal Petition. A copy of the Memorandum of Settlement dated 08/09/2025 is herewith produced as ANNEXURE – ‘A’. 6. We state that, in compliance with the said settlement, the Petitioner No.1 has paid the entire sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the Respondents Bank bearing Account No. 4357 0100 0198 36 by way of Bank Transfer paid on 24.04.2026 & 17.07.2026 vide Tr. ID: ICICR12026042410314689 & IN12616842387205 respectively, and the Respondent has received the same in full and final settlement of all her claims. Thereafter, the Hon’ble Principal Judge, Family Court, Bengaluru, vide
Judgment dated 17.06.2026 & Decree dated 23.06.2026 was pleased to dissolve the marriage between the Petitioner No.1 and the Respondent in terms of the said Memorandum of Settlement. The copy of the said Judgment and Decree is herewith produced as ANNEXURE – ‘B’. Copy of the Transaction dated 24.04.2026 & 17.07.2026 is produced herewith as ANNEXURE – ‘C’. 7. We further state that, in view of the said settlement, the Respondent No.2 has no grievance whatsoever against the Petitioner, has no interest in prosecuting the criminal case against him, and expressly raises no objection to the quashing of the FIR and the Complaint in Crime No. 22/2024
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CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
and all proceedings arising therefrom as against the Petitioner herein. The Respondent No.2 further states that she has entered into the said settlement and is swearing to this Affidavit voluntarily, of her own free will, and without any force, coercion, fraud or undue influence from any quarter and as per clause 6 & 7 of the Memorandum of Settlement dated
08.09.2025. 8. We state that the dispute between the parties is purely matrimonial and private in nature, and the parties have buried their differences and wish to lead their respective lives in peace. In view of the full and final settlement, the continuation of the criminal proceedings against the Petitioner would serve no useful purpose, the possibility of a conviction is remote, and the continuation of the same would only prolong the litigation between the parties. 9. We respectfully submit that this Hon’ble Court may be pleased to exercise its powers under Section 482 of the Code of Criminal Procedure, 1973 and quash the FIR in Crime No. 22/2024 registered by the 1st Respondent Police, the Complaint dated 22/01/2024, and all proceedings pending on the file of the Hon’ble 37th Additional Chief Metropolitan Magistrate, Bengaluru, as against the Petitioner, in the interest of justice. What is stated hereinabove and in the accompanying application is true and correct to the best of our knowledge, information and belief.”
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CNR: KAHC010052252025 NC: 2026:KHC:53421 CRL.P No. 1004 of 2025
5.
In view of the aforesaid settlement arrived at between the petitioner and the 2nd respondent before the Trial Court in M.C.No.730/2025 and the Joint Affidavit dated 25.09.2026 filed by the petitioner and the 2nd respondent in the present petition, I pass the following:
ORDER
(i) The petition is hereby disposed of in view of settlement arrived at between the petitioner and the respondent before the Trial Court in M.C.No.730/2025 and the Joint Affidavit dated 25.09.2026 filed by the petitioner and the 2nd respondent in the present petition.
(ii) The FIR in Crime No.22/2024 of 1st respondent – Basavanagudi Women Police Station registered for the offences punishable under Sections 323, 498A, 504, 506 r/w 34 of IPC, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of 37th Addl. Chief Metropolitan Magistrate Court, Bengaluru, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 3 Sl No.: 1