CRL.P/8634/2026 of SRI. VIJAY KIRAN. V Vs STATE BY HSR LAYOUT on 28 July 2026

ORAL ORDER

The petitioner is before this Court calling in question the proceedings in CC No.18221 of 2024 (Crime No.441 of 2023 registered at HSR Layout Police Station) registered for the offences punishable under Sections 498A, 323, 504, 506, 34 of IPC read with Sections 3 and 4 of DP Act.

2. Heard Sri R Srinivas, learned counsel appearing for the petitioner and Smt Rashmi Patel, learned High Court Government Pleader appearing for respondent No.1 and have perused the material on record.

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3. The parties to the lis were also before the Family Court in MC No.1731 of 2025 and have settled the dispute amongst themselves before the Family Court by terms of memorandum of settlement. One of the term of 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 submit as follows:-

I. The petitioners have filed this petition under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of their marriage by a decree of divorce by mutual consent. The statutory waiting period of six months has been waived off by the Hon'ble court vide it order dated 21.03.2025.

II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, both petitioners along with their counsel were present, the petitioners have resolved their disputes by agreeing to the following terms and conditions:

1. Both the petitioners are Hindus by religion and their marriage was solemnized on 15.11.2021 at The White Houzz, No.4-B, 14th Main Road, Next to BDA Complex, Sector-6, HSR Layout, Bengaluru 560102, as per Hindu rites and customs. Subsequently, the said marriage was registered on 01.08.2022 before the Registrar of Marriage, Krishnarajapuram, Bengaluru vide certificate No.KRI-HM391-2022-23 stored in C.D No.KRIM75.

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2. Due to irreconcilable differences and due to some misunderstanding both the parties have been living separately since 01.08.2022. 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 and their marriage is irretrievable broken down. Hence, the petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually.

3. Both the petitioners state that they have a daughter by name Bhavvishka.N, aged about 2.7 years, presently under the care and custody of the 2nd petitioner/mother and shall continue to be so in future for which the 1st petitioner/father has no objection. The 1st petitioner/father voluntarily given up visitation right in his own volition.

4. The 2nd petitioner/mother has agreed to bear entire education, maintenance, day-to-day, medical and other upbringing of the child in present and in future.

5. Both the petitioners are capable of maintaining themselves as such they have no claims of maintenance/permanent alimony against each other.

6. In view of the settlement arrived between the parties the 2nd petitioner has agreed to cooperate for the closure/quashing of the C.C No.18221/2024 filed under Section 498-A, 323, 504, 506, 34 of IPC and Sections 3 & 4 of D P Act, against the 1st petitioner and his family members which is pending before 39th ACJM, Bengaluru City.

7. In view of the settlement arrived between the parties the 2nd petitioner has agreed to withdraw Crl Misc No.104/2024 filed under Section 12 of D V Act, against the 1st petitioner and his family members which is pending before MMTC-VI, Bengaluru.

8. Both petitioners state that they have no other claims of whatsoever nature against each other either past, present or in future.

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9. Both petitioners state that they have already exchanged their valuable articles and personal belongings to each other.

10. Both petitioners further state and agree that they have no claims over the movable or immovable properties belonging to each other either existing at present or to be acquired in future.

11. The petitioners further state that there has been no collusion, coercion, force, fraud or any undue influence entering into this compromise in the aforesaid manner.

12. The Petitioners hereby agree and undertake not to interfere in the lives of each other family and friends in future either personally or through messages, personal photos/videos, Whatsapp, Facebook, personal and office documents etc.

III. In view of the aforesaid agreement entered between the petitioners, the petitioners pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 15.11.2021 at The White Houzz, No.4-B. 14th Main Road, Next to BDA Complex, Sector-6, HSR Layout, Bengaluru 560102 and cancel the marriage certificate registered on 01.08.2022 before the Registrar of Marriage, Krishnarajapuram, Bengaluru vide certificate No.KRI-HM391-2022-23 stored in C.D No. KRIM75, by granting a decree of divorce in terms of this settlement.

IV. Parties will appear on 25.03.2025 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

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terminate the proceedings pending against these petitioner in the subject petition.

5. For the aforesaid reasons, the following:

ORDER

(i) Criminal Petition is disposed.

(ii) Proceedings in CC No.18221 of 2024 (Crime No.441 of 2023 registered at HSR Layout Police Station), pending on the file of the 39th Additional Chief Judicial Magistrate, Bengaluru, stands quashed, qua the petitioner.

Sd/- (M.NAGAPRASANNA) JUDGE

BGN List No.: 2 Sl No.: 64