Sri Poojith A v. Smt Ashwini Mg

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.9225 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:

¶1SRI POOJITH A AGED ABOUT 33 YEARS, S/O SRI ASHOK RAJVARDHAN, R/A NO.171/7, MCC APARTMENT, 2ND STAGE, GRUHALAKSHMI LAYOUT, OPP. BASAVESHWARA NAGAR, KAMALANAGAR,

BENGALURU - 560 079.

¶2SMT PANKAJA ASHOK W/O ASHOK RAJVARDHAN, AGED ABOUT 54 YEARS, R/A NO.171/7, MCC APARTMENT, 2ND STAGE, GRUHALAKSHMI LAYOUT, OPP. BASAVESHWARA NAGAR, KAMALANAGAR,

BENGALURU - 560 079.

¶3SRI ASHOK RAJAVARDHAN S/O SRI RAJVARDHAN, AGED ABOUT 62 YEARS, R/A NO.171/7, MCC APARTMENT, 2ND STAGE, GRUHALAKSHMI LAYOUT, OPP BASAVESHWARA NAGAR, KAMALANAGAR, BENGALURU - 560 079.

¶4TARANJITH ASHOK S/O ASHOK RAJVARDHAN, AGED ABOUT 30 YEARS, R/A NO.171/7, MCC APARTMENT, 2ND STAGE, GRUHALAKSHMI LAYOUT, OPP BASAVESHWARA NAGAR, KAMALANAGAR,

BENGALURU – 560 079. …PETITIONERS (BY SRI. MAHESH Y L, ADVOCATE)

Digitally signed by VANDANA S Location: High Court of Karnataka

AND:

SMT ASHWINI M.G. AGED ABOUT 27 YEARS, W/O SRI POOJITH A., RESIDING AT MATHIGATTA, CHIKKAMAGALUR 567 548. …RESPONDENT (RESPONDENT PRESENT)

THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CRIMINAL MISCELLANEOUS APPLICATION FILED BY THE RESPONDENT IN CRL.MISC.NO.12/2025 BEFORE THE HON'BLE COURT OF JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC COURT-5) (THE HON'BLE TRIAL COURT) BENGALURU U/S.12, 17, 18, 19, 20, 22 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 AT ANNEXURE A.

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, petitioners have sought for the following relief:-

"(a) To quash the Criminal Miscellaneous Application filed by the Respondent in Crl.Misc.No.12/2025 before the Hon'ble Court of Judicial Magistrate First Class (Traffic Court-5) (the Hon'ble Trial Court), Bengaluru under Sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 20025 at Annexure – 'A';

(b) Pass any other orders as this Hon'ble Court may deem fit in the interest of justice and equity."

¶2Learned counsel for the petitioners has filed an application along with Joint Affidavit duly signed by the petitioners and their counsel and the respondent and the same is taken on record.

¶3The Memorandum of Settlement entered into between the petitioners and the respondent herein under Section 89 of CPC r/w Rule 24 of the Karnataka Civil Procedure (Mediation) Rules, 2025 filed before the Prl. Judge, Family Court at Bengaluru, reads as under:- "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULE 24 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. The Petitioner has filed the present petition under Sections 13(1)(i-a) of the Hindu Marriage Act, seeking dissolution of her marriage with the Respondent. II. The aforesaid petition was referred to mediation for the resolution of the dispute between the parties. During mediation, the Petitioner and the Respondent along with their advocates participated in the proceedings, identified each other and they have resolved their dispute and agreed to the following terms and conditions:

¶1The parties state that their marriage was performed on 21.11.2022 at Laksha Convention Hall, Kadur, as per the Hindu rites and customs. Subsequently, the said marriage was registered on 01.04.2023 before the Registrar of Marriage, Rajajinagar, Bengaluru vide certificate No.RJN-HM5-2023-24 stored in C.D No.RJNM85.

¶2That due to irreconcilable differences and incompatibility of temperaments, the parties have been living separately since 12.01.2024. With the intervention of well-wishers and elders from both the families, the parties have agreed to settle the matter amicably, considering that their marriage has irretrievably broken down and there is no possibility of reconciliation between the parties.

¶3Both the parties state that they have no children born to them from their wedlock.

¶4The petitioner has agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the respondent towards maintenance / permanent alimony as full and final settlement of all her claims by way of demand draft on or before 08.11.2025 before the Hon'ble Court.

¶5Both parties state that they have already exchanged the valuables and articles belonging to each other and they have no other claims against each other, whether past, present, or future, with regard to any movable or immovable properties belonging to them.

¶6In view of the settlement arrived between the parties the petitioner has agreed to withdraw Crl Misc No.12/2025 before MMTC-V, subject to payment of Rs.10,00,000/-. The respondent has agreed to withdraw/close Crl P No.9225/2025 before the Hon'ble High Court of Karnataka, Bengaluru in view of this settlement, subject to the payment of permanent alimony/on the date of final settlement.

¶7The petitioner has agreed to cooperate with the respondent for the closure/quashing of Crime No.22/2024 for the offences punishable under Section 498-A, 504, 323, 506 r/w 34 of IPC, pending on the file of 37th ACJM, Bengaluru. And in this regard the respondent has preferred a Crl Petition No.1004/2025 before the Hon'ble High Court of Karnataka, Bengaluru for the relief of quashing of the aforesaid Crime No.22/2024, that in view of the settlement arrived herein the 1st petitioner has no objection for quashing of criminal case, subject to the payment of permanent alimony/on the date of final settlement.

¶8In case the respondent fails to pay the above said permanent alimony/maintenance to the petitioner within the above said stipulated time, the petitioner is at liberty to pursue the above mentioned cases against the respondent.

¶9Both the petitioners state that they have already exchanged their valuable, articles and other belongings as such there are no claims in this regard.

¶10Both the petitioners state that, they have no further claim over the movable or immovable properties existence at present or to be acquired in future.

¶11Both the petitioners further agree that they have no claim of whatsoever manner against each other either past, present or future.

¶12Both petitioners agree that there are no other pending cases / complaints against each other before any forum.

¶13Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this agreement in the aforesaid manner.

¶14Both the petitioners admit that they shall not interfere in the lives of each other in future.

III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve their marriage, which was performed on

21.11.2022 at Laksha Convention Hall, Kadur and registered on 01.04.2023 before the Registrar of Marriage, Rajajinagar, Bengaluru vide certificate No.RJN-HM5-2023-24 stored in C.D No.RJNM85, by granting a decree of divorce in terms of the aforesaid agreement.

IV. Parties will appear on 27.09.2025 before the Hon'ble Court for passing orders in terms of this agreement."

¶4Petitioners and their counsel and the respondent are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- "JOINT AFFIDAVIT

"We, Sri. Poojith A, Aged about 33 years, S/o Sri.Ashok Rajavardhan, & Smt. Pankaja Ashok, W/o Ashok Rajavardhan, Aged about 54 years, & Sri. Ashok Rajavardhan, S/o Sri. Rajavardhan, Aged about 62 years, & Sri. Taranjith Ashok, S/o Ashok Rajavardhan, Aged about 30 years, all residing at R/a: #171/7, MCC Apartment, 2nd Stage, Gruhalakshmi Layout, Opp Basaveshwara Nagar, Kamalanagar, Bengaluru – 560079 AND

Smt. Ashwini MG, Aged about 27 years, D/o Sri. Giriesh, Residing at Mathigatta, Chikkamagalur-567548, do hereby solemnly affirm and state on oath as follows:

¶1We are the Petitioners and Respondent No.2 in the above matter and we are completely conversant with the facts and circumstances of the above case to depose this Affidavit.

¶2We state that Petitioners have preferred the afore-mentioned Petition being aggrieved by the Criminal Miscellaneous Application filed by the Respondent in Crl. Misc No. 12/2025 before the Hon'ble Court of Judicial Magistrate First Class (Traffic Court-5), Bengaluru under Section 12,17,18,19,20 and 22 of the Protection of Women

from Domestic Violence Act, 2005. The allegations raised therein are vague, omnibus and are of a generalised nature without any specific overt act attributed to them, thus, incapable of being fastened with any criminal liability.

¶3We state that the marriage between the Petitioner No.1 and the Respondent was solemnised on 21/11/2022 at Laksha Convention Hall, Kadur, as per Hindu rites and customs, and was subsequently registered on 01/04/2023 before the Registrar of Marriages, Rajajinagar, Bengaluru. Owing to differences between them, the Petitioner No.1 and the Respondent have been living separately since 12/01/2024.

¶4We state that the Respondent lodged a Complaint dated 22/01/2024 before the Basavanagudi Women Police Station, Bengaluru, pursuant to which FIR in Crime No. 22/2024 was registered against the Petitioners for the offences punishable under Sections 323, 498A, 504, 506 r/w 34 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The said FIR is the subject matter of Crl. P. No. 2319/2024 (filed by the Petitioner Nos. 2 to 4) and Crl. P. No. 1004/2025 (filed by the Petitioner No.1) before this Hon'ble Court, wherein this Hon'ble Court was pleased to stay further proceedings vide Orders dated 25/03/2024 and 30/01/2025 respectively.

¶5We state that the Respondent thereafter instituted Crl. Misc. No. 12/2025 against the Petitioners before the Hon'ble Judicial Magistrate First Class (Traffic Court-5), Bengaluru under Sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005,

which has been challenged by the Petitioners in the above Criminal Petition. The Respondent had also instituted a petition in M.C. No. 730/2025 before the Hon'ble Principal Judge, Family Court, Bengaluru under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage.

¶6We state that M.C. No. 730/2025 was referred to mediation, wherein, with the intervention of well-wishers and elders from both families, the Petitioner No.1 and the Respondent amicably resolved all their disputes and entered into a Memorandum of Settlement dated 08/09/2025 under Section 89 of the Code of Civil Procedure, 1908 r/w Rule 24 of the Karnataka Civil Procedure (Mediation) Rules, 2005. In terms of the said settlement, the Petitioner No.1 agreed to pay a sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the Respondent towards permanent alimony, in full and final settlement of all her claims. Under Clause 6 thereof, the Respondent agreed to withdraw Crl. Misc. No. 12/2025 and the Petitioner No.1 agreed to withdraw/close the above Criminal Petition, subject to the said payment. The parties have also exchanged their respective valuables and articles and have agreed that they have no claim whatsoever against each other, past, present or future, including in respect of any movable or immovable property. A copy of the Memorandum of Settlement dated 08/09/2025 is herewith produced as ANNEXURE – 'A'.

¶7We state that, in compliance with the said settlement, the Petitioner No.1 has paid the entire sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the Respondents

Bank bearing Account No. 4357 0100 0198 36 by way of Bank Transfer paid on 24.04.2026 & 17.07.2026 vide Tr. ID: ICICR12026042410314689 & IN12616842387205 respectively, and the Respondent has received the same in full and final settlement of all her claims. Thereafter, the Hon'ble Principal Judge, Family Court, Bengaluru, vide Judgment dated 17.06.2026 & Decree dated 23.06.2026 was pleased to dissolve the marriage between the Petitioner No.1 and the Respondent in terms of the said Memorandum of Settlement. The copy of the said Judgment and Decree is herewith produced as ANNEXURE – 'B'. Copy of the Transaction dated 24.04.2026 & 17.07.2026 is produced herewith as ANNEXURE – 'C'.

¶8We further state that, in view of the said settlement, the Respondent has no grievance whatsoever against any of the Petitioners, does not wish to pursue Crl. Misc. No. 12/2025 or any of the reliefs claimed therein, and expressly raises no objection to the quashing of the proceedings in Crl. Misc. No. 12/2025 as against the Petitioners herein. The Respondent further states that she has entered into the said settlement and is swearing to this Affidavit voluntarily, of her own free will, and without any force, coercion, fraud or undue influence from any quarter and as per clause 6 & 7 of the Memorandum of Settlement dated 08.09.2025.

¶9We state that the dispute between the parties is purely matrimonial and private in nature, and the parties have buried their differences and wish to lead their respective lives in peace. In view of the full and final settlement, the continuation of the proceedings in Crl. Misc.

No. 12/2025 would serve no useful purpose and would only prolong the litigation between the parties, contrary to the terms and spirit of the settlement.

¶10We respectfully submit that this Hon'ble Court may be pleased to exercise its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and quash the proceedings in Crl. Misc. No. 12/2025 pending on the file of the Hon'ble Judicial Magistrate First Class (Traffic Court-5), Bengaluru, as against the Petitioners, and dispose of the above Criminal Petition in terms of the said settlement, in the interest of justice.

What is stated hereinabove and in the accompanying application is true and correct to the best of our knowledge, information and belief."

¶5In view of the aforesaid settlement arrived at between the petitioners and the respondent before the Trial Court in M.C.No.730/2025 and the Joint Affidavit dated 25.09.2026 filed by the petitioners and the respondent in the present petition, I pass the following: ORDER

(i) The petition is hereby disposed of in view of settlement arrived at between the petitioners and the respondent before the Trial Court in M.C.No.730/2025 and the Joint Affidavit

dated 25.09.2026 filed by the petitioners and the respondent in the present petition.

(ii) The proceedings in Criminal Miscellaneous No.12/2025 pending before the Judicial Magistrate First Class (Traffic Court – 5), Bengaluru, registered for the offences punishable under Sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, insofar as the petitioners are concerned are hereby quashed.

Sd/- (S.R.KRISHNA KUMAR) JUDGE

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