Shri Kirankumar Vs State of Karnataka

SMT. SUKANYA SURESH D/O NAVANEETHAKUMAR RAJU AGED ABOUT 37 YEARS RESIDING AT NO.5, KANNAMMAL NAGAR, TVS NAGAR ROAD, VTC COIMBATORE NORTH, PO KAVUNDAMPALAYAM, COIMBATORE, TAMILNADU-641 030.

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…PETITIONERS

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(BY SRI. SRIHARI A V.,ADVOCATE)

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NC: 2025:KHC:3649 CRL.P No. 423 of 2025

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AND:

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STATE OF KARNATAKA BY SOUTH EAST WOMEN P.S., BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

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SMT. POOJA S VEL W/O KIRAN KUMAR AGED ABOUT 24 YEARS RESIDING AT NO.306, DAFFODILS PAVANI RESIDENCY APARTMENTS PUTTENAHALLI, YELAHANKA BANGALORE-560 064.

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…RESPONDENTS

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(BY SRI. THEJESH.P, HCGP FOR R-1)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED 30.09.2024 LODGED BY THE RESPONDENT NO. 2 AT ANNEXURE-A, FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 352 AND 3(5) OF THE BHARATIYA NYAYA SANHITA 2023 (FOR SHORT ‘BNS’) AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961.

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

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners have sought for the following relief:-

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“(i). Quash the complaint dated 30.09.2024 in Crime No.*74/2024 lodged by the Respondent No.2 at Annexure-A, for the offences punishable under Section 85, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of 39^th ACMM, Bengaluru.

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*Corrected vide chamber Order dated 04.03.2025.

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(ii) Quash the FIR dated: 30.09.2024 in Crime No.*74/2024 at Annexure-B, pending on the file of the 39^th ACMM, Bengaluru, by South East Women Police Station, Adugodi & offences punishable under Section 85, 352 & 3(5) of BNS Act, 2023 & Section 3 and 4 of Dowry Prohibition Act, 1961.

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(iii) Grant such other order or orders, in the circumstances of the case.

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Learned counsel for the petitioners and respondent No.2 have filed a copy of Memorandum of Settlement, which was filed by them before the Principal Judge, Family Court, Bengaluru. The said 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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I. The petitioners have filed a joint petition under Section 13-B of the Hindu Marriage Act, for dissolution of their Marriage by mutual consent.

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II. The Hon’ble Court has waived off the statutory period of six months vide its order dated 05.11.2024.

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iii. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, both the parties have resolved their dispute and have agreed to the following terms and conditions:

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*Corrected vide chamber Order dated 04.03.2025.

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1. The petitioners are Hindus by religion and they state that their marriage was solemnized on 13.12.2021 at Kalyani kala Mandir, Billekhalli, Bannerghatta Main Road, Opp. To IIM, Bengaluru-560076 as per Hindu rites and customs. Subsequently, their marriage was registered on 20.122021 at Begur Sub-Registrar Office vide Certificate No.BGF-HM283-2021-22, stored in c.D.No.BGRM31.

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2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately since from 01.05.2023. 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. Hence, the petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually.

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3. Both the petitioners state that they have a one son by name Rayan Kirankumar, aged about 1 ½ years, who is under care and custody of 2^nd petitioner/mother and continues to be so in future for which 1^st petitioner/father has no objection. The 1^st petitioner/father given up his visitation right with own volition.

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4. The 2^nd petitioner has agreed to bear all the expenses of welfare, education, medical and upbringings of the child.

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5. Both the petitioners have jointly partners in the name of SVLS Enterprises, carrying on the business at No.96/16, 1^st Cross, 1^st Main Road, SVLS Building Chikkajala, Chikkajala Post, Bengaluru North 562157. The 1^st petitioner has relinquish his rights and interest over the

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above said partnership firm to the 2^nd petitioner and today onwards there is no liabilities and responsibilities in the above company for the 1^st petitioner.

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6. Both petitioners state and agree that they have no claims of maintenance/permanent alimony against each other either past, present or in future, as both of them are gainfully employed.

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7. Both petitioners state that they have already exchanged their articles given or taken at the time of their marriage and as such, they have no claims in this regard.

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9. 2^nd petitioner has agreed to co-operate for quashing the Crime No.74/2024, before Women Police Station, South East Division, Bengaluru under Section 85, 352 Read with Section 3(5) of Bharatiya Nyaya Sanhita 2023 Read with Section 3 & 4 of DP Act, filed against the 1^st petitioner and his family members

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10. The petitioners further agree that they have no other claim of whatsoever manner against each other either past, present or future.

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11. Both the petitioners state that they have no claims over the movable or immovable properties either existing or to be acquired in future.

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12. Both the petitioners agreed that if any cases pending before the any court of law can be withdrawn and both the petitioner co-operate each other.

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13. The petitioners admit that there is no collusion or force, fraud or any undue influence in entering into this settlement/agreement in the aforesaid manner.

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14. Both the petitioners admit that they shall not

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interfere in each other’s life from this day.

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IV. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon’ble Arbitrator Hon’ble Court be pleased to dissolve the marriage solemnized on 13.12.2021 at KalyaniKala Mandir, Bilekhalli, Bannerghatta Main Road, Opp. To IIM, Bengaluru-560 076 and cancel their marriage certificate which was registered on 20.12.2021 at Begur SubRegistrar Office, vide certificate No.BGR-HM283-2021-22, stored in C.D.No.BGRM31 pass a decree and judgment in terms of the aforesaid agreement by way of mutual consent.

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V. Parties will appear on 11.11.2024 before the Court for passing orders in terms of the agreement.”

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In view of the aforesaid settlement entered into between petitioner No.1 and respondent No.2 before the Trial Court and a Decree of Divorce granted by the Trial Court dated 11.11.2024, I pass the following:

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ORDER

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(i) The petition is disposed of in terms of the

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Memorandum of Settlement dated 11.11.2024 filed before the Principal Judge, Family Court, Bengaluru.

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(ii) The FIR in Crime No .*74 /2024 registered by the 1^st respondent – South East Women Police Station for the offences punishable under Sections 85, 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act,

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*Corrected vide chamber Order dated 04.03.2025.

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