HIGH COURT OF KARNATAKA v. UDUPI DISTIRCT-576112

S/O SRI. S. HAREESH JOSHY AGED ABOUT 33 YEARS.

2. DR. S.HAREESH JOSHY S/O LATE SHANKARANARAYANA JOSHY AGED ABOUT 73 YEARS.

3. BRINDA H. JOSHY W/O DR. HAREESH JOSHY AGED ABOUT 67 YEARS. ALL ARE R/AT NO.701 ABHIMAN MANSON BIJAI CHURCH ROAD D K DISTRICT-575004. (BY SRI. K. RAVISHANKAR, ADV.,) AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SHO MANGALURU WOMEN POLICE STATION CENTRAL SUB DIVISION MANGALURU CITY MANGALURU D K DISTRICT-575001 REP. BY SPP HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2024:KHC:40474 CRL.P No. 1921 of 2024 BENGALURU-560001.

2. SHRIVIDYA .R W/O HITHESH @ HITHESH JOSHY SHIRIYA C/O RAMA HEBBAR AGED 27 YEARS R/AT NEAR GOVT SCHOOL MUDRADY, HEBRI TALUK UDUPI DISTIRCT-576112. …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1 SRI. JEEVAN K, ADV., FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.88/2023 REGISTERED BY THE 1ST RESPONDENT (MANGALURU WOMANS P.S) NOW PENDING ON THE FILE OF THE III J.M.F.C COURT MANGALURU D.K., FOR THE OFFENCE P/U/S 498(A), 354 R/W 34 OF IPC AND SEC.4 OF D.P ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER

1. Heard Sri. K.Ravishankar, learned counsel appearing for the petitioners, Sri.Thejesh P., learned HCGP appearing for respondent No.1, Sri. Jeevan K., learned counsel appearing for respondent No.2 and have perused the material on record. - 3 - NC: 2024:KHC:40474 CRL.P No. 1921 of 2024

2. This petition filed calling in question proceedings in Crime No.88 of 2023 registered by respondent No.1 (Mangaluru Womans P.S) now pending on the file of the III J.M.F.C Court, Mangaluru, Dakshina Kannada, for the offences punishable under Sections 498(A) and 354 read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act against the petitioners— husband and parents-in-law of respondent No.2.

3. During the pendency of these proceedings, transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the Memo. The settlement insofar as narrates about the present proceedings, read as follows: “MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE PROCEDURE KARNATAKA (MEDIATION) RULES, 2007. CIVIL The Petitioners above named beg to submit as follows: The above case was referred to Mediation for resolving the dispute between the Petitioners. In the - 4 - NC: 2024:KHC:40474 CRL.P No. 1921 of 2024 course of Mediation, Petitioners have resolved their dispute and have agreed to the following terms and conditions: Terms and Conditions 1) The Petitioners No.1 & 2 resolved the dispute with a view to avoid all litigations and to arrive at amicable settlement hereby mutually have entered into this agreement. a) The Petitioner No.1 & 2 have after mutual final discussion understanding to seek consequences have voluntary agreed dissolution of their marriage held on 30-12-2022 at SHRI SURAKSHA SABHA BHAVANA, Parkala, Near Manipal and as per Hindu Rites and Customs. b) Both the petitioner's hereby agree and admit that they could not lead a smooth and peaceful marital life since their was serious misunderstanding between them due to irreconcilable differences and incompatibility broken their marriage irretrievably and they have been living separately since 03/03/2023 and there are no issues born out of the said wed-lock. c) There was serious difference of opinion cropped up between the petitioners, due to lack of mutual confidence in each other. As a result they began to live separately. They have not been able to live together and there is no possibility of any reconciliation or re-union between them. There is no compatibility between them. d) The Petitioner and respondent hereby mutually agree to withdraw all allegations made against each other and shall not interfere in each other's life. Both the parties hereby agree that they shall not file cases/complaint's or proceedings against each other and they agree and undertakes they shall not publish, circulate or share any - 5 - NC: 2024:KHC:40474 CRL.P No. 1921 of 2024 information's of their personal lives to others and shall not share circulate or publish any videos, photographs or any other personal material. f) Both the parties shall withdraw all cases filed as against each other before the various courts of law as well as before the Police stations/Authorities by making suitable arrangements either by way of compounding or compromising etc and they have agreed that they shall co-operate with each other withdrawing all such pending cases and complaints and they have also agreed to exchange all their Gold/Jewellery, valuables as already agreed upon between them before the Court before the next date of their appearance before the Court kept for accepting the mediation agreement entered into between them. g) Both the parties agree that except as agreed as above there are no mutual claims of whatsoever nature between them either in respect of movables or immovables or any monetary claims in respect of Alimony maintenance etc of whatsoever nature. h) Both the Petitioners have made their best efforts at the intervention of their relatives, friends, well wishers and in the Mediation Proceedings to save the matrimony. But as there is no chance of re- conciliation or reunion between them, they have agreed to dissolve their marriage by mutual consent. Both the Petitioners to this agreement have arrived at this agreement on their own free will, voluntarily and without any undue influence and coercion, or there is no collusion between the parties while arriving at this agreement. 2) In view of the aforesaid agreement entered into between the parties, the Petitioners pray that the Hon'ble Court may be pleased to dissolve their at SHRI marriage 30-12-2022 solemnized - 6 - NC: 2024:KHC:40474 CRL.P No. 1921 of 2024 SURAKSHA SABHA BHAVANA, Parkala, Near Manipal by granting a decree of divorce by mutual consent 3) Parties to appear before the Hon'ble 1st Addl. Family Court on 21-10-2024 for passing necessary Orders/decree in terms of the above said agreement.” (emphasis supplied)

4. In the light of application for compounding being filed and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in this petition.

5. For the aforesaid reasons, the following: ORDER i. The Criminal petition disposed. ii. The proceedings in Crime No.88 of 2023 registered by the 1st respondent police pending on the file of III JMFC, Mangaluru, D.K. for offences punishable under Sections 498A and 354 - 7 - NC: 2024:KHC:40474 CRL.P No. 1921 of 2024 read with Section 34 of the IPC and Section 4 of the Dowry Prohibition Act against petitioners, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE RK List No.: 1 Sl No.: 103