CRL.P/17523/2025 of SRI DIVAKAR V Vs STATE OF KARNATAKA on 31 July 2026

ORAL ORDER

The petitioners are before this Court seeking the following prayers: "i) Call for L.C.R in Crime No.112/2025 before Chikkabalapura Women Police against the Petitioners for the offences punishable under Sections 85, 89, 115(2), 190, 351(2), 351(3) of BNS and Section 3, 4 of Dowry Prohibition Act, 1961 pending on the file of the Prl. Civil Judge (Sr.Dn) & CJM Court, Chikkaballapura.

ii) Quash the FIR against the Petitioner in Crime No.112/2025 before Chikkabalapura Women Police against the Petitioners for the offences punishable under Sections 85, 89, 115(2), 190, 351(2), 351(3) of BNS and Section 3, 4 of Dowry Prohibition Act, 1961 pending on the file of the Prl. Civil Judge (Sr. Dn) & CJM Court, Chikkaballapura.

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iii) Pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice."

2. Heard Sri.Nanjunda Gowda M.R, learned counsel appearing for the petitioners, Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. R.P.Somashekharaiah, learned counsel appearing for respondent No.2 and have perused the material on record.

3. During the pendency of the proceedings, it transpires that the parties to the lis have settled the dispute amongst themselves and have filed a Memorandum of Settlement before the V Addl. Prl. Judge, Family Court at Bengaluru in M.C.No.1392/2026, which 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.

1. The Petitioner has filed this petition against the Respondent under 13 1(i-a) of the Hindu Marriage Act, 1955 for dissolution of the marriage with the respondent.

II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the parties have participated along with their respective counsel, identified each other and they have resolved their dispute and have agreed to the following terms and conditions:

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1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 10.02.2025 at Sri Lakshmi Venkateshwaraswamy Temple (Kalyana Mantapa), Muddinapalya, Bengaluru as per the Hindu rites and customs.

2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from November 2025. 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 a reunion between them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce.

3. The Petitioner and the Respondent state that they have no children born to them from their marriage.

4. Both the parties have state and agree that they have no claims of maintenance/permanent alimony either past, present or in future as both of them are gainfully employed.

5. Both the parties state that they have already exchanged their valuable gold articles as such they have no claims in this regard.

6. The parties herein state that they have no claims over the movables/immovable's belonging to each other at present or to be acquired in future in view of this agreement.

7. The Petitioner and the Respondent have no other claims, of any nature whatsoever, against each other, whether past, present or in future.

8. The Respondent has lodged a complaint against Petitioner and his family members Women Police Station, Chikkaballapura in Crime No.112/2025

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which is pending on the file of Principal Civil Judge & JMFC, Chikkaballapura under section 190, 115(2), 351(2), 351(3), 89, 85 of BNS and 3 & 4 of D.P.Act. Further the Petitioner and his family members filed Crl.P.No.17523/2025 before the Hon'ble High Court of Karnataka, Bengaluru for closing/quashing the proceedings in Crime No.112/2025. In view of this settlement the Respondent has agreed co-operate with the Petitioner and his family members to close/quash the Crime No.112/2025.

9. Both the Parties admit and agree that there is no collusion or force, fraud and undue influence in agreeing/settling the aforesaid terms and conditions and entering into this Agreement in the aforesaid manner.

10. Both the parties state that without pressing on the allegations levelled against each other either orally or expressly arrived at this agreement.

11. Both the parties undertakes to not to interfere in each other's lives in future in any manner.

III. 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 10.02.2025 at Sri Lakshmi Venkateshwaraswamy Temple (Kalyana Mantapa), Muddinapalya, Bengaluru by granting a decree of divorce in terms of this agreement.

IV. Parties will appear on 14.07.2026 before the Hon'ble Court for passing of orders in terms of the agreement."

4. In light of the settlement arrived at between the parties as afore-quoted and the concerned Family Court having accepted the same, I pass the following:

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ORDER

[I] Criminal Petition is disposed. [II] Proceedings in Crime No.112/2025 before Chikkabalapura Women Police for the offences punishable under Sections 85, 89, 115(2), 190, 351(2), 351(3) of BNS, 2023 and Sections 3, 4 of Dowry Prohibition Act, 1961 pending before the Prl. Civil Judge (Sr. Dn) & CJM Court, Chikkaballapura, stands quashed qua the petitioners.

Sd/- (M.NAGAPRASANNA) JUDGE

CBC List No.: 2 Sl No.: 34