SRI. PRABHU ARUN KANNA v. STATE OF KAR

2. SMT. MALAR, W/O SWAMY C, AGED ABOUT 69 YEARS,

3. SRI. SWAMY C, S/O LATE CHINNAVAN, AGED ABOUT 73 YEARS,

4. SMT. BHAGYALAKSHMI S, W/O SENTHIL KUMAR, AGED ABOUT 41 YEARS, NAGAVENI Location: HIGH COURT OF KARNATAKA ALL THE ABOVE ARE THE RESIDENTS OF NO.17/12, MOSQUE STREET, LAKSHMI APARTMENTS, MYLAPORE H.O., CHENNAI, TAMIL NADU - 600 004.

5. SRI. SENTHIL KUMAR, S/O DEVARAJ, AGED ABOUT 43 YEARS, RESIDENT OF NO.5/68, ANGARANNAL CROSS STREET, THIRUVALLUVAR SALAI, KANCHEEPURAM, TAMIL NADU - 631 501. - 2 - NC: 2024:KHC:43073 WP No. 26675 of 2024

6. SMT. DEVI SUNAJA W/O MANI, AGED ABOUT 46 YEARS, RESIDENT OF NO.42/88, NANTUSUBARAYAN STREET, MYLAPORE, CHENNAI, TAMIL NADU - 600 004. (BY SRI. N. GOWTHAM RAGHUNATH, ADVOCATE) …PETITIONERS AND:

1. STATE OF KARNATAKA BY HENNUR POLICE STATION, BENGALURU, REP. BY HCGP, HIGH COURT COMPLEX, BENGALURU - 560 001.

2. SMT. ANITA GANESAN, D/O GANESAN, W/O PRABHU ARUN KANNA, AGED ABOUT 38 YEARS, RESIDING AT NO.16, PRIYANIVAS, GOWDA M JAYARAM LAYOUT, HORAMAVU, BENGALURU - 560 043. (BY SMT. RASHMI PATIL, HCGP FOR R1; SRI. SKANDA R.K. RAO, ADVOCATE FOR R2) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO. 12/2021 (ANNX-A) AND COMPLAINT FILED BY THE R-2 ANNX-B AND REGISTERED BY THE R-1 POLICE AGAINST THE PETITIONERS WHICH IS NOW PENDING AS CC.NO. 58144/2022 ON THE FILE OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYOHALL, BENGALURU ANNX-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2024:KHC:43073 WP No. 26675 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the proceedings in C.C.No.58144/2022, pending on the file of the XI Additional Chief Metropolitan Magistrate (Mayo Hall) at Bengaluru.

2. During the pendency of this petition, the parties to the lis have settled the dispute amongst themselves and drawn up a memorandum of settlement. The settlement insofar as it germane to the present lis, reads as follows: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above named submit as follows:- Synopsis:- I. II. The petitioner has filed this petition under Section 13 (1) 1(a) of the Hindu Marriage Act, 1955 for dissolution of the marriage against the respondent. The aforesaid petition was referred to mediation for resolving the disputes between the parties. In the course of mediation, the parties along with their respective counsels were present, the parties have resolved their disputes and have agreed to the following terms and conditions: - 4 - NC: 2024:KHC:43073 WP No. 26675 of 2024 FACTS OF THE CASE:

6. The parties state that they are Hindus by religion and their marriage was solemnized on 01.11.2017 at P.T. Ramakrishnan Chettiar Kalyanamandapam, No.18, Millers Road, Purasaiwakkam, Chennai - 600 010, as per Hindu rites and customs. The petitioner is residing in Bengaluru within the jurisdiction of this Hon'ble Court. Due to irreconcilable differences and incompatibility of temperaments, the parties have been living separately from September 2019. Several attempts were made for reconciliation to sort out the differences between the Petitioner and the Respondent by the parents, well-wishers and relatives. However, despite all the attempts for reconciliation, both Respondent have not been able to live together as husband and wife and hence all the efforts for failed reconciliation of miserably. their differences have the Petitioner and Both the Petitioner as well as the Respondent have realized that it is impossible for them to live together and resume life and obligations towards each other as a result, both the parties have now mutually agreed to dissolve their marriage. their marital The parties herein state that they have no children born to them from the said marriage. claims towards petitioner The respondent has agreed to pay an amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) to alimony/maintenance in full and final settlement. The amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) shall be paid by way of demand draft in this matrimonial case before the Hon'ble Court at the time of this settlement. Another Rs.10,00,000/- (Rupees Ten Lakhs Only) amount shall be paid in Crl. Misc.209/2021 by way of demand draft at the time of reporting the reporting - 5 - NC: 2024:KHC:43073 WP No. 26675 of 2024 proceedings settlement therein. Further, the balance amount of Rs.5,00,000/- (Rupees Five Lakh Only) shall be quashing C.C.No.58144/2022 before the Hon'ble High Court of Karnataka, Bengaluru. Thus the total amount of Rs.25,00,000/- Lakhs Only) as agree by both the parties shall be paid in the respective cases as stated above. It is also agreed by both the parties that Crl. Misc.340/2021 shall be withdrawn by the 1st petitioner as in view of the settlement arrived in this case. It is also agreed that the 2nd petitioner shall withdraw M.C.No.2750/2021, filed by him pending in Chennai Court, in view of the settlement arrived herein.

10. The parties state that they have already exchanged the gold and silver articles and other valuables belonging to each other and there remains nothing to be exchanged. the movables or The parties admit that, they do not have any claim immovable properties belonging to each other, existing at present or to be acquired at a future stage. Both the parties state that they have no other claims of any nature against each other either past, present or future. The parties herein undertakes to cooperate with each other in closing/quashing C.C.No.56144/2022 filed against the respondent herein and his family members under Section 498-A of IPC and Sections 3 & 4 of DP Act which is pending on the file of XI ACMM, Bengaluru and Crl. Misc.340/2021 pending before V Addl. Family Court, Bengaluru under Section 125 of Cr.P.C., shall be withdrawn by the 1st petitioner and also Crl. Misc.209/2021 pending on the file of I MMTC, Bengaluru has also been settled between the parties and the settlement will be filed in the said case as agreed by both the parties. The respondent has agreed to withdraw M.C.No.2750/2021 pending on the file of Family Court, Chennai, in view of this settlement arrived herein. - 6 - NC: 2024:KHC:43073 WP No. 26675 of 2024

11. The parties herein state that without pressing on the allegations made against each other either orally or expressly the parties have arrived at this agreement.

12. The parties have agreed that they shall not interfere with each other's life in any manner.

13. III. The parties further state that there has been no collusion or force, fraud or any undue influence in entering into this compromise in the aforesaid manner. In view of the aforesaid agreement entered into between the parties and the parties pray that this Hon'ble Court be pleased to dissolve their marriage solemnized on 01.11.2017 at P.T. Ramakrishnan Chettiar Kalyanamandapam, No.18, Millers Road, Purasaiwakkam, Chennai - 600 010, by a decree of divorce in terms of the aforesaid agreement. IV. The Parties will appear on 23.08.2023 before the Hon'ble Court for passing orders in terms of the agreement"

3. In terms of the settlement an amount of Rs.25/- lakhs was to be paid to the respondent - complainant - wife towards permanent alimony and all other claims.

4. Learned counsel for the petitioners submits Rs.20/- lakhs had already been paid, which is accepted by the respondent - wife who is present in-person and the remainder of the amount i.e., Rs.5/- lakhs by way of two Demand Drafts - 7 - NC: 2024:KHC:43073 WP No. 26675 of 2024 is handover to the respondent - wife and the same is acknowledged.

5. In the light of the settlement arrived at between the parties and the offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings, qua the petitioners.

6. For the aforesaid reasons, the petition is disposed. The proceedings in C.C.No.58144/2022, pending on the file of the XI Additional Chief Metropolitan Magistrate (Mayo Hall) at Bengaluru, qua the petitioners, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 2 Sl No.: 45 CT: BHK