CRL.P/10423/2026 of AVINASH S Vs THE STATE OF KARNATAKA on 20 July 2026

ORAL ORDER

The petitioners are before this Court calling in question the proceedings in CC No.5248 of 2024 registered for the offences punishable under Sections 498-A, 323, 324, 504 read with Section 34 of IPC and Sections 3, 4 and 6 of DP Act.

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

3. The parties to the lis were also before the Family Court in MC No.4015 of 2023 and have settled the dispute amongst themselves before the Family Court by terms of settlement. One of the term of the settlement is, closure of the

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present proceedings. The said term in the 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 Petitioner has filed this petition under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, against the Respondent for dissolution of his 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 petitioner and the respondent along with their counsels were present, identified each other. The petitioner and the respondent have resolved their dispute on the following terms and conditions:

1. The petitioner and the respondent state that their marriage was solemnized on 20.02.2022 at Royal Kempegowda Convention Hall, Anantapura Road, Benglauru-560064, as per Hindu rites and customs. Subsequently, the said marriage was registered on 06.04.2022 before the Registrar of Marriage, Jayanagar Bengaluru vide certificate No.JAY-HM3/2022-23 stored in C.D No.JAYM76

2. Thereafter the parties lived together for 10 months. On account of different temperament there was no intimacy between them and difference of opinion, they could not adjust with each other and got separated from 09.04.2023 Inspite of several meetings there is no chances of reconciliation between the parties and they have no children born to them from this wedlock and the parties have agreed to dissolve their marriage under the following terms:-

3. The petitioner has agreed to pay an amount of Rs.10,00,000/-(Rupees Ten Lakhs Only) to the respondent toward full and final settlement of all alimony/maintenance etc., and the petitioner has

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accepted the including permanent same subject to the following condition:-

4. The respondent will cooperate with the petitioner in seeking quashing of the C.C No.5248/2024 filed under Section 498-A, of IPC pending before XXX ACJM, Bengaluru, in petition that is to be field by the petitioner. The petitioner has agreed to pay an amount of Rs.5,00,000/- by way of demand draft at that time.

5. The petitioner undertakes to pay all the loan amount taken by the him towards the house i.e. Canfin Loan and agrees that the respondent is absolved from any liability towards payment of this loan.

6. Both the parties have already exchanged all other belongings and have this day exchanged the following jewellery. The petitioner has this day handed over jewellery namely one gold finger ring, one gold bracelet, one gold chain, except beautician certificate and the respondent has handed over one gold thali along with beads and gundu to the petitioner and states that both the parties have no future claims with regard to their belongings. The petitioner undertakes to handover beautician certificate before the Hon'ble Court at the time of final settlement.

7. Thereafter the petitioner has agreed to pay the remaining balance of Rs.5,00,000/- (Rupees Five Lakhs Only) at time of reporting the settlement before this Hon'ble Court.

8. Both the parties state and agree that they have no other claims of whatsoever against each other including the claims over the movable or immovable's belonging to each other either existing at present or to be acquired in future.

9. The respondent agreed to withdraw M.C No.6003/2023 pending before the VI Addl. Prl. Judge Family court, and also agrees to withdraw Crl. Misc No.697/2025 pending before VI Addl. Prl Judge Family Court, Bengaluru, simultaneously.

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10. In view of this settlement, both the parties hereby withdraw all the derogatory allegations made against each other unconditionally.

11. Both the parties agrees not to interfere each other's lives from this day and also undertakes not to involve in any publicity concerning the other person so as to safeguard his/her integrity.

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 between the parties solemnized on 20.02.2022 at Royal Kempegowda Convention Hall, Anantapura Road, Benglauru-560094 and cancel the marriage certificate registered on 06.04.2022 before the Registrar of Marriage, Jayanagar Bengaluru vide certificate No.JAY- HM3/2022-23 stored in C.D No.JAYM76, by granting a decree of divorce.

IV. Parties will appear on 18.06.2026 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 these petitioners in the subject petition.

5. For the aforesaid reasons, the following:

ORDER

(i) Criminal Petition is disposed.

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(ii) Proceedings in CC No.5248 of 2024 pending on the file of the XXX Additional CJM, Bengaluru, stands quashed, qua the petitioners.

Sd/- (M.NAGAPRASANNA) JUDGE

BGN List No.: 2 Sl No.: 103