SRI. C v. SRINIVASA
Case Details
- 1 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12027 OF 2024 (482(Cr.PC) / 528(BNSS) CRIMINAL PETITION NO. 12022 OF 2024 (482(Cr.PC) / 528(BNSS) C/W IN CRL.P No. 12027/2024 BETWEEN: SOMESH MEHTA S/O PRADEEP MEHTA, AGED ABOUT 28 YEARS, R/O 87-B, BLOCK R, DILSHAD GARDEN JIMILI POST, VIVEK VIHAR SUB DISTRICT, EAST DISTRICT, DELHI – 110 095 (BY SRI. THAKUR RISHABHA RAJ, ADVOCATE) AND: …PETITIONER Digitally signed by CHANDANA B M Location: High Court of Karnataka 1. 2.
Legal Reasoning
STATE OF KARNATAKA BY WOMEN P S SOUTH EAST, MADIVALA SUB DIVISION, BENGALURU – 560 001 REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001 ANISHA MEHTA D/O NAVEEN VERMA, AGED ABOUT 27 YEARS, R/O M - 101 PURVA PANORAMA APARTMENT, KALENA AGARAHARA, BANNERGHATTA ROAD, BENGALURU – 560 076
Legal Reasoning
(BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SRI. C. V. SRINIVASA, ADVOCATE FOR R2) …RESPONDENTS - 2 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.26581/2024 ON THE FILE OF COURT OF THE LD. XXXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE INCLUDING THE FIR NO.38/2024. IN CRL.P NO. 12022/2024 BETWEEN: 1. 2. 3. GEETANJALI MEHTA, W/O PRADEEP MEHTA AGED ABOUT 56 YEARS R/O 87-B, BLOCK R DILSHAD GARDEN EAST DELHI – 110 095 PRADEEP KUMAR MEHTA S/O KEWAL KUMAR MEHTA AGED 66 YEARS R/O 87-B, BLOCK R, DILSHAD GARDEN EAST, DELHI – 110 095 GEETIKA SHARMA W/O NIKHIL SHARMA AGED 35 YEARS R/O 87 B, BLOCK R, DILSHAD GARDEN EAST DELHI – 110 095 (BY SRI. RISHABHA RAJ THAKUR, ADVOCATE) ...PETITIONERS AND: 1. STATE OF KARNATAKA BY WOMEN PS SOUTH EAST MADIVALA SUB DIVISION BENGALURU – 560 001 REP. BY SPP HIGH COURT OF KARNATAKA - 3 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR 2. ANISHA MEHTA D/O NAVEEN VERMA AGED ABOUT 27 YEARS R/O M-101, PURVA PANORAMA APARTMENTS, KALENA AGRAHARA BANNERGHATTA ROAD BANGALORE – 560 076 (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SRI. VIKAS NAGAIAH, ADVOCATE FOR R2) ...RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.26581/2024 ON THE FILE OF THE LD. XXXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE INCLUDING THE FIR NO.38/2024. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In these petitions, petitioners have sought for the following reliefs:- “(a) Quash the entire proceedings in C.C.No.26581/2024 on the file of Court of the Ld. XXXIX Additional Chief Judicial Magistrate, Bengaluru including the FIR No.38/2024; (b) Call for records in C.C.No.26581/2024 from the file of Court of the Ld. XXXIX Additional Chief Judicial Magistrate, Bengaluru; (c) Pass any other orders that this Hon’ble Court may deem fit in the interest of justice and equity.” - 4 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR 2. Heard learned counsel for the petitioners in both petitions, learned Addl.SPP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that parties have entered into settlement and marriage between the petitioner-Somesh Mehta and respondent No.2 has been dissolved vide order dated 23.04.2025 in M.C.No.370/2024 on the file of I ASCJ, BRD. 4. The order dated 23.04.2025 in M.C.No.375/2024 on the file of I ASCJ, BRD, reads as under: “Petitioner present, counsel present. Respondent present, counsel present. Mediation report received. Perused the same. Parties settled their disputes at the intervention of mediation. The respondent paid Rs.16,00,000/- to the petitioner towards compliance of mediation agreement through DD No.021013 dated 09.04.2025 the petitioner acknowledge the same. Mediation report accepted, case stands closed. - 5 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR Draw decree in accordance with mediation report. Mediation report is part and parcel of the decree to be drawn.” 5. 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- Somesh Mehta and respondent No.2-Anisha Mehta along with their respective counsel reads as under: MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULE, 2007. The Parties above humbly submit as follows: 1. The petitioner have filed this petition under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 for a decree of divorce against the respondent. II. The aforementioned petition was referred to mediation for resolving the disputes between the parties amicably. During the course of mediation, the Petitioner and Respondent along with their respective advocate were present and they have resolved their disputes and agreed to the following terms and conditions:- - 6 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR 1. The petitioner and respondent are Hindus by religion and their marriage was solemnized on 22.02.2023 at Silver Spoon Banquet Hall, Sector-18, Vasundhara, Ghaziabad, Uttar Pradesh, as per Hindu customs. Subsequently, the said marriage was registered on 28.04.2023 before the Marriage Registration Officer-IV, Ghaziabad, Uttar Pradesh vide serial No.479. The petitioner is residing at Bengaluru within the jurisdiction of this Hon'ble Court. 2. The parties have been living separately from each other from 17.05.2024. Due to irreconcilable differences and incompatibility of temperament, the relationship has deteriorated over the past few years. Efforts of reconciliation have been unsuccessful, and the marriage has irretrievably broken down. Even during the course of mediation, despite best efforts, the parties could not eschew their differences and reconcile. Since the parties are unable to resolve their differences, they have agreed for the dissolution of the marriage. 3. The petitioner and the respondent have no children born to them from their wedlock. 4. The respondent has agreed to pay a sum of Rs. 16,00,000/- (Rupees Sixteen Lakhs Only) to the petitioner towards her maintenance/permanent alimony in full and final settlement. The above said amount is paid through a demand draft bearing No.021013 dated 09.04.2025 drawn on HDFC Bank, G K-1, New Delhi, the said D.D will be - 7 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR handed over to the petitioner before the Hon'ble Court at the time of reporting settlement, for which the petitioner has agreed. 5. Both the parties state that they have already exchanged their valuable articles such as gold, silver and other valuables given or taken during the marriage otherwise and as such there are no claims in this regard. 6. The parties also hereby state and agree that they do not have any claims over the movable or immovable assets belonging to each other, either existing or to be acquired in future. 7. Both the parties agree and state that they shall have no claims of any nature whatsoever against each other past, present and future. 8. Both the parties undertakes to cooperate to close/quash/withdraw C C No.26581/2024 filed under section 498-A, 323, 506, 504, 34 of IPC r/w Sections 3 & 4 of D P Act, against the respondent and others pending on the file of 39th ACMM, Bengaluru and Crl P No.12022/2024 and 12027/2024 before the Hon'ble High Court of Karnataka, Bengaluru in view of this settlement. 9. Both parties mutually agree that, without asserting or pressing the allegations made against each other, whether spoken or written, they have reached this settlement. - 8 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR 10. Both the parties agree and state that they shall not interfere in each other's lives for any reason of whatsoever from this day. 11. This agreement and the terms contained herein constitute full and final settlement of all disputes between the parties. Both the parties agree and state that they shall not revisit or reopen the issues settled herein, before any court or authority in future. III. In view of the settlement arrived at between the parties, they pray that this Hon'ble Court may pleased to dissolve their marriage solemnized on 22.02.2023 at Silver Spoon Banquet Hall, Sector-18, Vasundhara, Ghaziabad, Uttar Pradesh and cancel the marriage certificate registered on 28.04.2023 before the Marriage Registration Officer-IV, Ghaziabad, Uttar Pradesh vide serial No.479, in terms of aforesaid agreement settlement. IV. The parties will appear on 26.04.2025 before the Hon'ble Court for orders in terms of this agreement.” 6. In view of the aforesaid settlement entered into between the petitioner-Somesh Mehta and 2nd respondent, I pass the following: - 9 - NC: 2025:KHC:24001 CRL.P No. 12027 of 2024 C/W CRL.P No. 12022 of 2024 HC-KAR
Decision
ORDER (i) Both petitions are disposed of in terms of order dated 23.04.2025 passed in M.C.No.370/2024 and memorandum of settlement dated 22.04.2025. (ii) The proceedings in C.C.No.26581/2024 (arising out of Crime No.38/2024 of 1st respondent – Police) registered for the offences punishable under Sections 498(A), 323, 504 and 506 of IPC and under Sections 3 and 4 of Dowry Prohibition Act pending on the file of XXXIX Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioners in both the petitions are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 11 Sl No.: 1