Sri Sunil C S Vs the State by Mico Layout Police Station

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NC: 2026:KHC:21314 WP No. 9028 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2026 BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9028 OF 2026 (GM-RES)

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BETWEEN:

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SRI. SUNIL C S, S/O. H. C. SHANKARA SHETTY, AGED ABOUT 33 YEARS, RESIDING AT NO. 2099/3, 2^ND CROSS, COLLEGE ROAD, NORTHERN EXTENSION, HASSAN TALUK, HASSAN - 573 201.

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…PETITIONER

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(BY SRI. GANESH BHAT, ADVOCATE FOR SRI. SATISH K., ADVOCATE)

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Digitally signed by PADMAVATHI B K Location: High Court of Karnataka

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AND:

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THE STATE BY MICO LAYOUT POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001.

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SMT. SHALINI H, W/O. SUNIL C.S., AGED ABOUT 32 YEARS, RESIDING AT NO. 8, SAI BRINDAVANA, 5^TH MAIN ROAD, 1^ST CROSS,

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NC: 2026:KHC:21314 WP No. 9028 of 2026

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HC-KAR

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BTM 2^ND STAGE, BILEKAHALLI, BANGALORE - 560 086.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS, 2023, PRAYING TO A) CALL FOR RECORDS PERTAINING TO C.C. NO. 23971/2024 PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE AT BENGALURU. B) ISSUE WRIT OR ORDER QUASHING THE IMPUGNED CHARGE SHEET DATED 13/04/2024 FILED BY THE RESPONDENT NO. 1-MICO LAYOUT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504, 506 OF THE INDIAN PENAL CODE 1860 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 (ANNEXURE - C) AND ALL PROCEEDINGS PURSUANT THERETO, PENDING ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE AT BENGALURU IN C.C.NO.23971/2024 (ANNEXURE-D), IN SO FAR AS PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court calling in question proceedings in C.C.No.23971/2024 registered for the offences punishable under Sections 498A, 323, 504 and 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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NC: 2026:KHC:21314 WP No. 9028 of 2026

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HC-KAR

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Heard Sri. Ganesh Bhat, learned counsel appearing

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for the petitioner, Sri. Channappa Erappa, learned HCGP appearing for respondent No.1 and have perused the material on record.

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Learned counsel appearing for the petitioner submits that the settlement is arrived at between the parties in the course of Mediation by drawing certain terms and conditions, which is then filed before the III Addl. Family Court, Bangalore in M.C.No.4695/2023. One of the condition of settlement was closure of the present proceedings as well. The memorandum of settlement reads as follows:

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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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The petitioner has filed the above petition under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, seeking for decree of divorce against the respondent.

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I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the petitioner and the respondent along with their counsel were present, identified each other and the parties have resolved their disputes by agreeing to the following terms and conditions:-

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The petitioner and the respondent state that their marriage was solemnized on 28.11.2021 at R.G Palace

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NC: 2026:KHC:21314 WP No. 9028 of 2026

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HC-KAR

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Convention Hall, Near By Pass Circle, Holenarasipura Road, Hassan, as per Hindu rites and customs. Subsequently, the said marriage was registered on 11.05.2022 before the Registrar of Marriage, Hassan, vide certificate No. HSN-HM102-22-23 stored in C.D No.HSNM9.

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The petitioner and the respondent state that, due to irreconcilable differences between them and due to incompatibility of temperaments, have been living separately since January 2022. The efforts made by their elders, well-wishers and relatives to reunite them and to bring them under one roof as husband and wife to lead a happy married life did not yield any fruitful result. It is for that reason, they are unable to lead a married life. There is absolutely no chance of re-union amongst themselves. Hence, they have decided to get the marriage between themselves dissolved by a decree of divorce as prayed by the petitioner.

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The petitioner and the respondent state that they have no children born to them from their wedlock.

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Both the petitioner and the respondent are gainfully employed as such they have no claims of maintenance/permanent alimony against each other.

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Both the petitioner and the respondent state and agree that they have no other claims of whatsoever against each other either past, present and future.

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Both the petitioner and the respondent state that they have already exchanged their valuable articles belonging to each other.

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In view of the above settlement arrived between the parties the petitioner has agreed to cooperate with the respondent for the closure/quashing of C.C No.23971/2024 filed under Section 498-A, 323, 504, 506 of IPC and 3 & 4 of D P act, which is pending before Hon'ble 61^st CJM, Bengaluru City. Apart from the one stated above there are no other cases pending against each other before any court or authorities.

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Both the petitioner and the respondent state and agree they have no claims over the movable or Immovable properties belonging to each other either existing at present or to be acquired in future.

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NC: 2026:KHC:21314 WP No. 9028 of 2026

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HC-KAR

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

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The petitioner and the respondent state that they have voluntarily agreed to these terms and conditions and there is no coercion, fraud, mistake or undue influence upon either of them to enter into this compromise petition.

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The petitioner and the respondent hereby agree and undertake not to interfere in the lives of each other in future.

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II. In view of the aforesaid agreement entered into between the petitioner and the respondent, they pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 28.11.2021 at R.G Palace Convention Hall, Near By Pass Circle, Holenarasipura Road, Hassan and the said marriage which is registered on 11.05.2022 before the Registrar of Marriage, Hassan, vide certificate No.HSN-HM102-22-23 stored in C.D No.HSNM9, in terms of the aforesaid agreement."

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