Sri Vinay B Vs State of Karnataka

SMT. PRIYATHA R, AGED ABOUT 40 YEARS, W/O SRI. VINAY. B, R/AT VEERABHADRESHWARA NILAYA, SHANESHWARA TEMPLE ROAD OPP CHRIST SCHOOL RING ROAD, BUTLER KOPPALU, HASSAN 573202.

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Digitally signed by PADMAVATHI B K

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Location: High Court of Karnataka

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(BY SMT. LAVANYA S, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY PAPER TOWN POLICE STATION, REP. BY LEARNED S.P.P, KARNATAKA HIGH COURT, BANGALORE - 560 001.

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…PETITIONER

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SHRI. VINAY. B, AGED ABOUT 41 YEARS, SON OF LATE BASAVARAJ M, R/AT NO.216/2, PUSPA GIRI NILAYA, VIVEKANANDA LAYOUT, BOMMANAKATTE,

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NC: 2026:KHC:31210 CRL.P No. 5437 of 2026 C/W CRL.P No. 4038 of 2026

HC-KAR

BADRAVATHI 577302.

…RESPONDENTS

(BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI. SURYANATH S BHAT, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO QUASH THE FIR NO.151/2025 REGISTERED BY THE PAPER TOWN P.S, AS AGAINST THE PETITIONER/ACCUSED, FOR THE OFFENCE P/U/S 5 OF THE KARNATAKA PROTECTION OF RIGHT TO FREEDOM OF RELIGION ACT, 2022, ON THE FILE OF PRL. CIVIL JUDGE, (JR.DN) & JMFC, BHADRAVATHI, SHIMOGA DISTRICT WHICH IS GIVEN HEREIN AT ANNEXURE-A.

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IN CRL.P NO. 4038/2026

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BETWEEN:

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SRI. VINAY B, S/O LATE BASAVARAJ M, AGED ABOUT 42 YEARS, MANAGER, ICICI LOMBARD, R/AT DOOR NO. 216/2, UMBLE BAIL ROAD, NEAR CHANNEL, BOMMANAKATTE, HIRIYUR, BHADRAVATHI, SHIVAMOGGA DISTRICT-577302.

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SMT. VANAJA, AGED ABOUT 64 YEARS, W/O BASAVARAJU M, R/AT DOOR NO. 216/2, UMBLE BAIL ROAD, NEAR CHANNEL, BOMMANAKATTE, HIRIYUR, BHADRAVATHI, SHIVAMOGGA DISTRICT-577302

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...PETITIONERS

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(BY SRI. SURYANATH S BHAT, ADVOCATE)

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NC: 2026:KHC:31210 CRL.P No. 5437 of 2026 C/W CRL.P No. 4038 of 2026

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AND:

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STATE OF KARNATAKA, HASSAN WOMEN POLICE STATION, B.M. ROAD HASSAN, HASSAN DISTIRCT-573201.

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PRIYATHA R, MAJOR, W/O VINAY B, D/O RAMABHADRAIAH.Y.S, R/O VEERABHADRESHWARA NILAYA, SHANESWARA TEMPLE ROAD, NEAR THAANYA BADMINTON ACADEMY, GUNDEGOWDANA KOPPALU, HASSAN, HASSAN DISTRICT -573201.

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...RESPONDENTS

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(BY SMT. WAHEEDA M.M, HCGP FOR R-1; SMT. LAVANYA .S, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE FIR IN HASSAN WOMEN POLICE STATION IN THE CRIME NO. 0018/2026 (ANNEXURE-F AND F1) PENDING BEFORE THE HONOURABLE COURT OF 7TH ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, HASSAN DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 352, 115(2), 351(2), 3(5) OF THE BHARATIYA NYAYA (BNS)2023.

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

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NC: 2026:KHC:31210 CRL.P No. 5437 of 2026 C/W CRL.P No. 4038 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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In Crl.P.No.5437/2026, the petitioner is before this Court

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seeking the following prayers:

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"WHEREFORE, it is prayed that this Hon'ble Court be pleased to quash the F.I.R No 151/2025 registered by the Paper Town P.C. as against the Petitioner/Accused for offence punishable under Section 5 of The Karnataka Protection of Right to Freedom of Religion Act, 2022, on the file of Prl. Civil Judge (Jr. Dn) & JMFC, Bhadravathi, Shimoga district, which is given herein at ANNEXURE-'A' in the interest of justice."

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2. In Crl.P.No.4038/2026, the petitioners are before

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this Court seeking the following prayers:

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"a) Quash the FIR in Hassan Women Police Station in the Crime No.0018/2026 (ANNEXURE-F and F1) pending before the Honourable Court of 7^th Addl. Civil Judge (Jr. DN) & JMFC Court, Hassan District for the offences punishable under section 85, 352, 115(2), 351(2), 3(5) of The Bharatiya Nyaya Sanhitha (BNS) 2023, in interest of justice.

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b) Pass such other orders as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, to secure the ends of justice and prevent the abuse of the process of law."

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In Crl.P.No.5437/2026, heard Smt.Lavanya S,

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learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1,

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HC-KAR

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Sri.Suryanath S Bhat, learned counsel appearing for respondent No.2. In Crl.P.No.4038/2026, heard Sri.Suryanath S Bhat, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Smt.Lavanya S, learned counsel appearing for respondent No.2 and have perused the material on record.

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During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Joint Memorandum of Settlement. The said Joint Memorandum of Settlement reads as follows:

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“1) The matrimonial relationship between Petitioner No.1 (Sri. Vinay B) and Respondent No. 2 (Smt. Priyatha R) was solemnized on May 1, 2011, at Banashankari Kalyana Mantapa, Halebeedu, Beluru Taluk, Hassan District, in accordance with Hindu customs and traditions. Two children were born out of the wedlock, namely Kum. Yoghna V. and Kum. Manoghna V. Due to deep-seated matrimonial discord and irreconcilable ideological differences, the parties have been living separately since July 11, 2025.

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2) The domestic disputes led to multiple crossproceedings between the parties and their respective family members, which are briefly listed as under:

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A. Crime No. 0151/2025: Registered by Paper Town Police Station, Bhadravathi, against Smt. Priyatha R for the offence punishable under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022, currently pending before before Prl. Civil Judge (Jr.Dn) &

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NC: 2026:KHC:31210 CRL.P No. 5437 of 2026 C/W CRL.P No. 4038 of 2026

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JMFC Court, Bhadravathi shimoga District (subject matter of challenge in Crl.P. No. 5437/2026).

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B. Crime No. 0018/2026: Registered by Hassan Women Police Station against Sri. Vinay B and Smt. Vanaja for offences punishable under Sections 85, 352, 115(2), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, currently pending before the Court of the VII Addl. Civil Judge (Jr. Dn.) & JMFC Court, Hassan District (subject matter of challenge in Crl.P. No. 4038/2026).

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C. M.C. No. 85/2025: Filed by Sri. Vinay B under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage, pending before the Court of the Principal Senior Civil Judge at Bhadravathi.

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D. Crl.MISC No. 45/2026 filed by Priyatha R against the Vinay B before the PRL. Judge Family Court Hassan district.

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E. MC No. 34/2026 under section 13(b) of the hindu marriage act, 1955 seeking mutual divorce. where in both the parties have agreed for mutual divorce

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With Respect the this petitions the This Hon'ble Court granted stay for the second petitioner in Crl.P: 4038/2026 on 27/04/2026 and in Crl.P 5437/2026 Hon'ble court has allowed to club the matter for mutual settlement with the matter stated above, as the parties are ready for amicably settle the matter. 4) During the pendency of the aforementioned litigations, the matrimonial dispute in M.C.No.34/2026 was referred to the Court Mediation Centre at Bhadravathi. In the course of the mediation proceedings, the parties voluntarily, on their own free will and volition, reached an absolute, comprehensive, and amicable settlement to dissolve their marriage and permanently dissolve all connected civil and criminal disputes.

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Both Sri. Vinay B and Smt. Priyatha R have mutually consented to dissolve their marriage. They agree to abide by the mediation report Smt. Priyatha R explicitly states and declares that she has not requested, nor does she require, any cash, permanent alimony, or

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NC: 2026:KHC:31210 CRL.P No. 5437 of 2026 C/W CRL.P No. 4038 of 2026

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maintenance from her husband, Sri. Vinay B. Smt. Priyatha R has categorically admitted and accepted that there are no dues outstanding from the husband, and she has no claims of whatsoever nature to recover from him. She voluntarily and unconditionally waives all past, present, and future rights to maintenance against Sri. Vinay B.

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That Both the minor daughters, Kum. Yoghna V. and Kum. Manoghna V., shall reside with and remain under the permanent care, custody, and guardianship of their father, Sri. Vinay B. Smt. Priyatha R has voluntarily relinquished custody rights in the absolute interest, welfare, and secure upbringing of the children and she have retained the right to visit her children during holidays and vacations.

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That Both parties acknowledge and confirm that all items, including personal belongings, clothes, and gold ornaments, have been returned to their respective owners. Neither party has any outstanding claims regarding stridhan or monetary obligations.

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In consideration of this total settlement, Smt. Priyatha R (Respondent No. 2 in Crl.P. 4038/2026) has no objection to the quashing of the criminal proceedings initiated by her in Crime No. 0018/2026 . Similarly, Sri. Vinay B (Respondent No. 2 in Crl.P. 5437/2026) has no objection to the quashing of the criminal case initiated against her in Crime No. 0151/2025.

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Both parties solemnly undertake that they, along with their family members, will not initiate any further civil, criminal, or matrimonial proceedings against each other regarding their past marital bond. They declare that this settlement is entered into without any force, fraud, coercion, misrepresentation, or undue influence.

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PRAYER

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WHEREFORE , the parties respectfully pray that this Hon'ble Court be pleased to take this Joint Memorandum of Settlement on record, in the interest of justice and equity, and consequently:

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ALLOW Criminal Petition No. 4038/2026 and quash the FIR and all consequential proceedings in Crime No.

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NC: 2026:KHC:31210 CRL.P No. 5437 of 2026 C/W CRL.P No. 4038 of 2026

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HC-KAR

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0018/2026, pending before the Court of the VII Addl. Civil Judge (Jr. Dn.) & JMFC Court, Hassan District, for offences punishable under Sections 85, 352, 115(2), 351(2), and 3(5) of the BNS, 2023, insofar as the Petitioners are concerned.

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ALLOW Criminal Petition No. 5437/2026 and quash the FIR and all consequential proceedings in Crime No. 0151/2025, Pending before Prl. Civil Judge (Jr.Dn) & JMFC Court, Bhadravathi shimoga District for the offence punishable under Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022, insofar as the Petitioner therein is concerned.”

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The parties to the lis are present before the Court

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and are identified by their respective counsels.

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In the light of Joint Memorandum of Settlement

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being filed by the parties to the lis and offences not being against the State, I deem it appropriate to accept the said Joint Memorandum of Settlement and terminate the proceedings against the petitioner(s) in the subject petitions.

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For the aforesaid reasons, the following:

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ORDER

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[I] Criminal Petitions are disposed .

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NC: 2026:KHC:31210 CRL.P No. 5437 of 2026 C/W CRL.P No. 4038 of 2026

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HC-KAR

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[II] In Crl.P.No.5437/2026, proceedings in FIR No.151/2025 pending before the Prl. Civil Judge, (Jr. Dn) & JMFC Bhadravathi, Shimoga District, stands quashed qua the petitioner.

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[III] In Crl.P.No.4038/2026, proceedings in Crime No.0018/2026 pending before the 7^th Addl. Civil Judge (Jr. Dn) and JMFC Court, Hassan District, stands quashed qua the petitioners.

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Sd/(M.NAGAPRASANNA) JUDGE

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CBC

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List No.: 2 Sl No.: 69

Sri Vinay B v. State of Karnataka

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Sri Vinay B v. State of Karnataka

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