Pramod S Vs the State of Karnataka

THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 30.09.2023 PASSED BY THE LEARNED XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.25195/2023 TAKING COGNIZANCE, ORDERING OF REGISTERING OF A CASE AND FURTHER ISSUING SUMMONS TO PETITIONERS / ACCUSED FOR OFFENCE P/U/S 324, 498A, 354 R/W 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, AND QUASH THE PROCEEDINGS IN C.C.NO.25195/2023, ON THE FILE OF THE LEARNED XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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NC: 2025:KHC:34709 CRL.P No. 12753 of 2023

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HC-KAR

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ORAL ORDER

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Petitioner Nos.1 to 4/accused Nos.1 to 4 and respondent No.2 present.

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Learned High Court Government Pleader for respondent No.1 State present.

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Sri.Suhas, learned counsel present and has filed NOC Vakalath for petitioner.

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A joint affidavit of compromise duly signed by petitioner No.1/accused No.1 and respondent No.2 and their respective counsel along with certified copy of decree in M.C.No.2086/2024 and memorandum of settlement under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure(Mediation) Rules, 2005. The terms of memorandum of settlement reads as under:

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"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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The parties above named submit as follows:-

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NC: 2025:KHC:34709 CRL.P No. 12753 of 2023

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HC-KAR

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

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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 respective counsel were present, they have resolved their dispute and have agreed to the following terms and conditions:

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1. Both the parties state that they are Hindus by religion and their marriage was solemnized 27.03.2022 at The Tamrind Tree Resort, J.P.Nagar, Avalahalli, Kanakapura Road, Bengaluru 64 as per Hindu rites and customs.

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2. Both the Petitioner and the Respondent state that they have no children born to them from their wedlock.

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3. Due to irreconcilable differences and incompatibility of temperaments, the petitioner and respondent have been living separately since July 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 between them. petitioner and the respondent agree that 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 and agreed to get the marriage between them dissolved by a decree of divorce.

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NC: 2025:KHC:34709 CRL.P No. 12753 of 2023

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4. Both the parties state that they have no claims of maintenance/permanent alimony either past, present or in future as both of them are capable of maintaining themselves independently.

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5. Both the parties state that they have no claims against each other in respect of any moveable or immoveable properties existing or to be acquired and or to be acquired or inherited at a later stage.

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6. The parties admit and agree that they have no further claims of whatsoever manner against each other either past, present or future.

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7. In view of the settlement arrived to between the parties that the petitioner has agreed to assist in closing/quashing C.C.No.25195/2023 filed under section 498A of IPC R/W section 3 & 4 of D.P.Act against the respondent and respondent's parents and brother pending before 37th ACMM, Bengaluru. The petitioner has also agreed to assist in closing/quashing Crl. P.No.12753/2023 filed by the respondent seeking for quashing of the proceedings in C.C.No.25195/2023 pending before the Hon'ble High Court of Karnataka, Bengaluru. The petitioner has agreed to withdraw Crl. Misc No.224/2023 filed under D.V.Act for maintenance against the respondent pending on the file of MMTC-II, Bengaluru in turn the respondent has agreed to withdraw M.C.No.2655/2023 filed under section 9 of Hindu Marriage Act against the petitioner for Restitution of Conjugal Rights which is pending

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NC: 2025:KHC:34709 CRL.P No. 12753 of 2023

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before II Addi. Principal Judge, Family Court, Bengaluru.

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8. Both the parties agree that withdraw all the allegations made against each other either in this petition or orally.

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9. The parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this settlement agreement.

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10. Both parties undertake not to post / share any of their photos/videos/messages/mails etc., taken or shared between them during the subsistence of their marriage, in any social media or otherwise in future.

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11. Both the parties admit that they shall not interfere in the lives of each other and their family members in future.

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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 27.03.2022 at The Tamrind Tree Resort, J.P. Nagar, Avalahalli, Kanakapura Road, Bengaluru 64 by granting a decree of divorce in terms of the aforesaid agreement.

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IV. Parties will appear on 18.06.2025 before the Hon'ble Court for passing orders in terms of the agreement."

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As per para No.7 of the said settlement, respondent No.2 has undertaken to withdraw the

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HC-KAR

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complaints filed against petitioner Nos.1 to 4/accused Nos.1 to 4 and she has no objection to allow the present petition filed under Section 482 of Cr.P.C and to quash the criminal proceedings initiated against them. The terms of

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the memorandum of settlement is legal and equitable. The same is accepted and accordingly, following:

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ORDER

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(i) The petition filed by petitioner Nos.1 to 4/accused Nos.1 to 4 under Section 482 Cr.P.C. is allowed.

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(ii) The criminal proceedings in C.C.No.25195/2023 on the file of XXIV ACMM, Bengaluru (arising out of Cr.No.89/2023 of Hanumanthanagar PS), for the offences punishable under Sections 324, 498-A, 354 r/w Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act is hereby quashed.

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