Abhijith v Shet Vs State of Karnataka

SARIKA ABHIJITH SHET W/O ABHIJITH V SHET AGED ABOUT 31 YEARS R/AT: ENO.157/A EVANTHA VISTARA APT 301, DOOR No.157/A JAYANAGAR 1^ST BLOCK BENGALURU-560 011.

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…RESPONDENTS

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(BY SRI B LAKSHMAN, HCGP FOR R1 SMT. RAMA R. IYER, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE REGISTRATION OF THE FIR IN CR.NO.253/2023 OF BASAVANAGUDI WOMEN P.S., PENDING ON THE FILE OF THE 37^TH A.C.M.M COURT AT BENGALURU REGISTERED FOR THE OFFENCE P/U/S 498A,354C,323,504 OF IPC AND SEC.4 OF D.P ACT AND ETC.,

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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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ORAL ORDER

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Petitioner No.1 and respondent No.2 and their respective learned counsel and learned HCGP for State are present.

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This petition is filed by accused Nos.1 to 4 under Section 482 of Cr.P.C, to quash the criminal proceedings initiated against them in crime No.253/2023 of Basavanagudi Women PS for the offences punishable under Sections 498A, 354C, 323, 504, of IPC and Section 4 of Dowry Prohibition Act.

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It is submitted by the both learned counsel for the petitioner and respondent No.1 that the dispute between the parties is settled before the Mediation and memorandum of settlement under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is filed in M.C.No.1758/2025. A memo along with certified copy of the order sheet, Mediation settlement agreement, decree in

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M.C.No.1758/2025 passed on by III Additional Principal

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Judge, Family Court, Bengaluru are produced.

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As per the Sl.No.4(r) of the said settlement, respondent No.1 has agreed to withdraw the allegation made against each other and Co-operate to quash the present petition.

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The terms and conditions of settlement arrived

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at between the parties 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. Both petitioners are the party-in-person have filed a joint petition under Section 13-B of the Hindu Marriage Act, for dissolution of their marriage by mutual consent. The Hon'ble Court by its order dated 22.03.2025 is pleased to waive off cooling period of six month.

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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 petitioners have participated in the mediation proceedings and have resolved their dispute and have agreed to the following terms and conditions:

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1. The petitioners are Hindus by religion and they state that their marriage was solemnized on 26.11.2014 at Karnataka Police Bhavan, Lalith Mahal Road, Mysore as per Hindu rites and customs. Subsequently their marriage was registered on 27.03.2015 before the Registrar of Marriage, Mangalore City vide marriage certificateNo. MGC-HM1055-2014-15 stored in C.D.No.MGCM17.

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2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately from May 2023. The efforts made by the elders, friends and wellwishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion between 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 two children one daughter by name Arya Abhijith Shet born on 03.01.2017 and one son by name Arav Abhijith Shet born on 03.03.2020.

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4. Both petitioners state and agree that after measuring all pros and cons they have decided to dissolve their marriage as per the terms and conditions mentioned below:

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a) An amount of Rs.50,00,000/- (Rupees Fifty Lakhs Only) Shall be paid by the 1^st petitioner to the 2^nd petitioner as full and final settlement towards alimony, the said amount shall be paid to the 2^nd petitioner by the 1^st petitioner by way of demand draft/RTGS/other way of online transfer to the 2^nd petitioner's bank account

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No.0090252500004301 Karnataka Bank, Basavanagudi Branch, Bengaluru before the Hon'ble Court on or before at the time of reporting settlement.

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b) The 1^st petitioner herein has agreed and undertakes to pay an amount of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) for purchase of an apartment to the 2^nd petitioner. The said amount shall inclusive of registration and stamp durty charges, katha etc. The 2^nd petitioner shall purchase the property in Bengaluru for the above settlement. Further it is agreed between the parties that the said amount shall be paid by the 1^st petitioner directly to the vendor at the time of registration of the property in the name of the 2^nd petitioner. Incidental and other expenses towards khata etc., shall be borne by the 2^nd petitioner.

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c) The 1^st petitioner shall pay an amount of Rs.4,00,000/- (Rupees Four Lakhs only) to the 2^nd petitioner by way of deman draft/RTGS other way of online transfer to the 2^nd petitioner's bank account No.0090252500004301 Karnataka Bank, Basavanagudi Branch, Bengaluru before the Hon'ble Court on or before at the time of reporting settlement towards purchase of the car inclusive of all incidental and ancillary expenses relating to insurance etc, the liability of maintain the car, insurance and any other expenses shall be borne by the 2^nd petitioner.

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d) The 1^st petitioner has agreed to give a onetime lumpsum amount of Rs.1,20,000/-

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(Rupees One Lakh Twenty Thousand Only) towards a Mediclaim policy for the medical coverage of the 2^nd petitioner by way of demand draft/RTGS/other way of online transfer to the 2^nd petitioner's bank account No.0090252500004301 Karnataka Bank, Basavanagudi Branch, Bengaluru before the Hon'ble Court on or before at the time of reporting settlement. Thereafter the premium of the policy shall be paid by the 2^nd petitioner from the succeeding year.

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e) The 1^st petitioner shall cover the medical expenses of both the children through his Mediclaim Policy.

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f) The 1^st petitioner has agreed to made an alternate arrangement for the residence of the 2^nd petitioner and children at #164, Apartment No.103, VV Golden Nest, 3^rd Cross, 6^th Main Road, Kerasandra, Banashankari 2^nd Stage, Bengaluru 560 070. The 2^nd petitioner and the children shall reside in the above mentioned apartment till the son Arav Abhijith Shet completes his education at Sri Kumaran children's Home Education Center, Tata Silk Farm, Bengaluru or till the 2^nd petitioner finds an apartment whichever is later. The rent shall be borne by the 1^st petitioner. The 2^nd petitioner shall entitled to collect the deposit amount of Rs.2,00,000/- (Rupees Two Lakhs Only) which is paid by the 1^st petitioner at the time of vacating the premises from the owner of the said apartment.

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g) All the expenses regarding the children's education shall be borne by the 1^st petitioner

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on actual till they complete their education or till they attain the age of 21 years whichever is earlier.

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h) The 1^st petitioner shall in addition to the educational expenses, bear the transport fees, uniform, school excursion expenses, extra curricular and co-curricular activities at actuals.

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i) The 1^st petitioner shall take the Sukanya Samridhi Scheme for the daughter Arya Abhijith Shet and the proceeds of the scheme bearing No.4082957559 at Kodaibail Post Office, Mangalore 575 003 shall be given to the daughter on maturity of the scheme.

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j) The 1^st petitioner shall pay an amount of Rs.2,00,000/-(Rupees Two Lakhs Only) to the 2^nd petitioner by the 1^st petitioner by way of demand draft/RTGS/other way of online petitioner's bank account No.0090252500004301 Karnataka Bank, Basavanagudi Branch, Bengaluru which shall be repaid to the 1^st petitioner within the next five years.

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k) The 1^st petitioner is at liberty to meet the children at any point of time and spend time with the children with prior notice of atleast 24 hours. Similarly, the children shall also have the liberty to freedom to visit the 1^st petitioner at any point of time and spend time with the 1^st petitioner. Either the children or the 1^st petitioner shall have the liberty to have a video call with the children at any point of time and the same shall be facilitated by the 2^nd petitioner. That both the petitioners shall ensure that the activities of the children are not

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disturbed. The welfare of the children shall be of paramount consideration.

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l) The 1^st petitioner shall attend the school activities including the Parents-Teachers meeting, Sports day, Annual Day etc. and he shall also be at liberty to pick them up and drop them to school whenever requested by the kids and also during emergencies.

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m) Further, in so far as the school holidays, the children shall have the liberty to spend 50% of the time with the 2^nd petitioner and the 1^st petitioner shall have right to enjoy a minimum of 50% holidays with the children. The 1^st petitioner shall be at liberty to take the children exclusively along with him to various places, visit the native at Mangalore and shall have the liberty to travel across the Country. Further, during Ganesh Chaturthi, other important family functions and ceremonies, the 1^st petitioner shall have the right to take the children with him and spend time exclusively. The 1^st petitioner shall be at liberty to take the children with him for overseas travel during holidays.

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n) In case one of the parents is relocating outside India the custody of the children shall be handed over to the other parent who continues to reside in India.

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o) If one of the parents gets married, the custody of the children shall be with the parent who is unmarried. If both the parents are getting married the custody of the children will be shared mutually.

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p) While the 1^st petitioner is exercising his visitation rights with the children, he shall be at liberty to take the children anywhere of his choice and spend time with the children exclusively.

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q) Both the petitioners shall inform the other in case of any emergency including ones affecting the health of the children and shall allow the other party access to the children at such times.

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r) Both the parties withdraw all the allegations made against each other and the 2^nd petitioner shall withdraw the criminal complaints, and also co-operate get the said complaints quashed in Crl.P.No.9647/2023 filed by the 1^st petitioner which is pending before Hon'ble High Court of Karnataka, Bengaluru and other cases filed against the 1^st petitioner and his mother, brother and his wife. Similarly, the 1^st petitioner shall withdraw the case G & WC No.373/2023 filed by him against the 2^nd petitioner which is pending before I Addl. Family Court, Bengaluru. The 1^st petitioner hereby assured and undertake to convince his mother to withdraw bare injunction suit in O.S.No.888/2023 filed against the petitioner which is pending before 1 Addl Civil Judge & JMFC, 2^nd Mangaluru.

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s) The above mentioned terms and conditions shall be full and final settlement of all claims of the 2^nd petitioner in respect of all her claims present, past and future maintenance and also towards all other claims of the 2^nd petitioner may have out of the said wedlock and subject

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to the encashment of the aforesaid cheques and performing the part of obligation as stated above by the 1^st petitioner in respect of payment of the sale price of the flat going to be purchased in the name of the 2^nd petitioner as stated in the above para 4 (b).

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t) The petitioners have further mutually agreed that the custody of the children will be with the 2^nd petitioner/mother. The 1^st petitioner shall have the exclusive visitation rights of the children on alternate weekends i.e. Friday evening after their classes to Sunday evening. The 1^st petitioner shall have the right to take the children with him and also keep the children with him during the weekends and he will return the child by 6.00 p.m. on Sunday.

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5. 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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6. Both the petitioners further agree that they have no claim of whatsoever manner against each other either past, present or future.

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7. Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner.

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8. Both the petitioners admit that they shall not interfere in the lives of each other 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 26.11.2014 at Karnataka Police Bhavan, Lalith

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Mahal Road, Mysore and cancel marriage certificate registered on 27.03.2015 before the Registrar of Marriage, Mangalore City vide marriage certificate No.MGC-HM1055-2014-15 stored in C.D.No.MGCM17 by granting decree of divorce in terms of the aforesaid agreement by way of mutual consent.

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IV) Parties will appear on 07.04.2025 before the Court for passing orders in terms of the agreement.

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Having regard to the fact that the parties have

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settled their dispute and respondent No.2 also admit the compromise and submitted no objections to allow the petition, the petition deserves to be allowed and criminal proceedings pending against them are liable to be quashed and accordingly the following:

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ORDER

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

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(ii) The entire criminal proceedings in Crime No.253/2023 of Basavanagudi Women PS

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on the file of XXXVII Additional Chief

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