Writ Petition No. 8163 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8163 OF 2025 (GM-RES) BETWEEN: MR. ARJUN KUNDAPUR S/O LATE. DATTATREYA K., AGED ABOUT 43 YEARS, N. 100, KEERTHI APARTMENT, 1ST FLOOR, 3RD CROSS, SVK LAYOUT, BASAVESHWARANAGAR, BENGALURU – 560 079 AND ALSO AT, R/A # 42, 1ST FLOOR, KALABHAIRAVESHWARA NILAYA, 1ST MAIN, GOPALAKRISHNA LAYOUT, UTTARAHALLI MAIN RAOD, SUBRAMANYAPURA, BANGALORE – 560 061 (BY SRI. P. P. HEGDE, SENIOR ADVOCATE FOR SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: Digitally signed by CHANDANA B M Location: High Court of Karnataka 1. STATE OF KARNATAKA BASAVESHWARA NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001 2. DR. PRAMITHA P. AGED ABOUT 39 YEARS, D/O PRAKASH KUMAR DEVADIGA, SRINIVAS NAGAR, KODIPADY, MUCHUR MADYA POST, SURATHKAL, MANGALORE, DAKSHINA KANNADA – 575 014 (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 – SERVICE OF NOTICE DISPENSED WITH VIDE ORDER DATED 05.06.2025) …PETITIONER …RESPONDENTS - 2 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO DIRECT QUASHING THE CRIMINAL PROCEEDINGS IN C.C 31410/2021 PENDING ON THE FILE OF 24TH ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY AGAINST RESPONDENT NO.2 ARISING OUT OF CRIME NO. 414/2016 OF BASAVESHWARA NAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 313, 323, 324, 504, 506, 34 OF IPC AND UNDER SEC 3,4 OF DOWRY PROHIBITION ACT VIDE ANNEXURE-C, IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “(i) Issue a writ of certiorari or any other appropriate writs or orders or directions quashing the criminal proceedings in C.C.31410/2021 pending on the file of 24th Addl Chief Judicial Magistrate, Bengaluru City against Respondent No.2 arising out of Crime No.414/2016 of Basaveshwara nagar Police Station for the offences punishable under Sections 498(A), 313, 323, 324, 504, 506, 34 of IPC and under Section 3,4 of Dowry Prohibition Act vide Annexure-C insofar as the petitioner is concerned. (ii) Grant such other reliefs as this Hon'ble Court deems fit in the present facts and circumstances of the case. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. - 3 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR 3. Respondent No.2 having been served with the notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that parties have entered into settlement and marriage between the petitioner and respondent No.2 has been dissolved vide decree dated 03.12.2024 in M.C.No.485/2023 on the file of I Additional Family Court, D.K., Mangaluru. 5. The decree dated 03.12.2024 in M.C.No.485/2023 on the file of I Additional Family Court, D.K., Mangaluru reads as under: “This petition is filed by the petitioner under section 13(1) (ia) & (ib) of Hindu Marriage Act, 1955 praying for a decree against the respondent by dissolution of marriage dated 03.06.2011 at R.N Shetty Kalyan Bhavan Shastri circle, Kundapur, for the cost of the suit, respondent may be directed to pay permanent alimony of Rs. 2 Crores to the Petitioner and monthly maintenance of Rs. 20,000/- each to the children, to appoint petitioner as permanent guardian of both the children, for such other and further reliefs as the court may be deems fit under the circumstances of the case and prays for orders accordingly. - 4 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR DECREE: This petition coming on this day before me
Legal Reasoning
for final disposal in the presence of Sri. Arun Kumar Shetty., Advocate for Petitioner and Sri. Sharath Shetty D., Advocate for Respondent. The matter was referred to Mangaluru Mediation Center. Matter came to be settled before the Mangaluru Mediation Center. A Memorandum of Agreement under section 89 of CPC r/w Rule 24 and 25 of Karnataka Civil Procedures (Mediation) Rules is filed on 21.11.2024 before M.M.C., Both parties submit that they have gone through the contents of the Memorandum of Agreement in Vernacular language and they further submit that they understood the contents of the Memorandum of Agreement and they are voluntarily without any coercion, undue influence, misrepresentation or fraud. Hence the Memorandum of Agreement is accepted as lawful. On perusal of the Memorandum of Agreement and on hearing both parties "THIS COURT DOTH HEREBY ORDER AND DECREE" as follows:- Petition is allowed in terms of Memorandum of Settlement filed under Section 89 of Code of Civil Procedure r/w Rules 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, entered into between the parties in Mediation Proceedings No. 447/2024. Further, it is declared that the marriage between the petitioner and respondent solemnized was on 03.06.2011 at R.N Shetty Kalyan Bhavan, Shastri Circle, Kundapura be - 5 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR and the same is hereby dissolved by way of Decree of divorce with effect from date of decree. That the terms and conditions stipulated in the Memorandum of Agreement shall be observed and carried out by both the parties as they have agreed the same Memorandum of Agreement. in the That the Memorandum of Agreement filed by the petitioner and respondent under Section 89 of C.P.C. r/w Rules 24 and 25 of Karnataka Civil Procedure(Mediation) Rules entered between the parties in Mediation proceedings No. 447/2024 shall be the part and parcel of the order.” 6. The memorandum of settlement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (mediation) Rules, 2005 duly signed by petitioner and respondent along with their respective counsel reads as under: MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 and 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES 2005. - 6 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR The Petitioner and the Respondent named above respectfully submit as follows: I. The aforesaid petition for divorce filed under Section 13(1)(ia) & (ib) of The Hindu Marriage Act, 1955 was referred to mediation for resolving the disputes between the parties. In the course of mediation, the Petitioner and the Respondent have resolved their disputes and have agreed to the following terms and conditions; TERMS AND CONDITIONS 1. That the Petitioner and the Respondent, have amicably settled their disputes and in view of their settlement, both the parties to this case agreed for dissolving their marriage solemnized on 03.06.2011 at R.N.Shetty Kalyan Bhavan, Shastri Circle, Kundapura by a Decree of Divorce. 2. Due to irreconcilable differences and incompatibility of temperament, the Petitioner has filed the above Petition. The efforts made by their elders, well-wishers and relatives to re-unite them and to bring them under one roof as one family did not yield any positive result. Even during the course of mediation, despite best efforts the Petitioner and the Respondent could not reconcile their differences and join together as husband & wife. 3. In view of the agreement so arrived at between the parties, the Respondent agreed to pay a sum of Rs. - 7 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR 37,00,000/-(Rupees Thirty Seven Lakh Only) to the Petitioner in the following manner: 1)Demand Draft bearing No.856324 dated 20.11.2024 drawn on Canara Bank, Kundapur New Market Yard Branch, Kundapura Rs. 18,50,000/- in favour of Master Aarush & 2) Demand Draft bearing No.856323 dated 20.11.2024 Drawn on Canara Bank, Kundapur New Market Yard Branch, Kundapura Rs. 18,50,000/- in favour of Master Brighu, towards her and her children maintenance and permanent alimony in full and final settlement of all her claims for which Petitioner has agreed. The Respondent has agreed to hand over the said Demand Draft before Hon'ble Family Court on 21.11.2024. 4. That both Petitioner and the Respondent give up their rights to claim any maintenance as against each other and both agreed that they have no claim of whatsoever either past, present or future as against each other. 5. That the both Petitioner and the Respondent have no other outstanding dispute between them to be settled and they mutually agreed that they have no claims of whatsoever nature against each other in respect of inheritance of movable and immovable property. 6. That this settlement is arrived out of the free wish and will of both the Parties to this case without any force or coercion. 7. That the parties to this case have two children out of this wedlock first child name Aarush A. aged about 12 years and Second Child name Brighu @ Atharva aged about - 8 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR 10 years both children are care and custody of the Petitioner. It is agreed between the parties that the Respondent is not having any right over the children and even he shall not have visitation right over the children named above. It is agreed between the parties that, in case if Respondent violated the above condition and attempted to meet the children then the Petitioner is at liberty to initiate necessary legal action against the Respondent. 8. Both the Petitioner and the Respondent are very keen in getting their marriage dissolved by a decree of divorce. Both the parties submit that they are residing at separately since from 30.06.2023 deserting each other, depriving their marital relationship and companionship with each other and since they found it impossible to rejoin and reconcile their differences to lead a happy married life. 9. Both the Petitioner and the Respondent shall not file any criminal case against each other or against their family members in future. 10. Further in view of this agreement the Petitioner hereby agrees to take necessary steps to withdraw/close the case filed against the Respondent in C.C.No.31410/2021 on the file of VI Addl. Chief Metropolitan Magistrate, Bengaluru and the Respondent also agrees to withdraw the case filed by his father against the Petitioner and her father in C.C.No.1722/2023 on the file of Addl. Civil Judge & JMFC Court, Kundapura and it require both the Petitioner and the Respondent would cooperate each other in the Criminal - 9 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR petition to be filed before the Hon'ble High Court of Karnataka, Bengaluru under section 482 of Cr.P.C. for quashing the above said two cases. 11. That both Petitioner and the Respondent undertakes that they will not in anyway interfere with/ disturb the lives of each the personal life of each other or their family either directly or indirectly through social media or through any third person. 12. Both the Petitioner and the Respondent agrees and admit that they and their family members will not make any allegations against each other or against their family members. II. In view of the aforesaid agreement entered into between the parties, the both parties pray that the Hon'ble Court may kindly be pleased to dissolved their marriage solemnised on 03.06.2011 at R.N.Shetty Kalyan Bhavan, Shastri Circle, Kundapura by granting a decree of divorce in terms of the aforesaid agreement. III. Parties will appear before the Hon'ble Court on 21- 11-2024 for passing necessary orders in terms of this agreement.” 7. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 10 - NC: 2025:KHC:19117 WP No. 8163 of 2025 HC-KAR
Decision
ORDER (i) The petition is disposed of in terms of decree in M.C.No.485/2023 and memorandum of settlement dated 21.11.2024. (ii) The proceedings in C.C.No.31410/2021 (arising out of Crime No.414/2016 of 1st respondent – Police) registered for the offences punishable under Sections 498(A), 313, 323, 324, 504, 506, 34 of IPC and under Section 3,4 of Dowry Prohibition Act pending on the file of 24th Additional Chief Judicial Magistrate, Bengaluru City, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 57