Full Judgment Text
- 1 -
NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
WRIT PETITION NO. 13877 OF 2021 (GM-RES)
C/W
WRIT PETITION NO. 13476 OF 2021 (GM-RES)
WRIT PETITION NO. 13552 OF 2021 (GM-RES)
IN WP NO. 13877/2021
BETWEEN:
ABHISHEK RAI
S/O GUNAPALA RAI,
AGED ABOUT 37 YEARS,
R/AT D NO.4-217A,
RADHUKATTE HOUSE,
VITTALAPADNURU, KODANGAI
POST, DAKSHINA KANNADA,
KARNATAKA - 574 253
PRESENTLY R/AT FLAT NO.109,
KRISHNA HERITAGE, B.C. ROAD,
BANTWAL TALUK - 574 153
…PETITIONER
(BY SRI. AJAY PRABHU M., ADVOCATE)
Digitally signed
by PRASHANTH
N V
Location: High
Court of
Karnataka
AND:
1. STATE OF KARNATAKA
MANGALORE EAST POLICE
STATION, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 01
2. SMT. POORNIMA RAI,
W/O ABHISHEK RAI,
AGED ABOUT 36 YEARS,
TRIVENI NILAYA, SCHOOL ROAD,
VITTLA BANTWALA TALUK-574153
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NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
DAKSHINA KANAADA
…RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP FOR R1
SRI. PONNANNA M.B., ADVOCATE FOR
SRI. RAHUL CARIAPPA K.S., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH ENTIRE PROCEEDINGS CRIME NO.116
OF 2020 ON THE FILE OF THE VI JMFC COURT, MANGALURU CITY,
DAKSHINA KANNADA FOR THE OFFENCE PUNISHABLE UNDER
SECTION 498A, 497, 494, 307, 506, 120 R/W 3, 4 OF IPC AND
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AS PER ANNX-A.
AND ETC.,
IN WP NO. 13476/2021
BETWEEN:
1. SMT. MAMATHA G RAI
W/O GUNAPALA RAI
AGED ABOUT 57 YEARS,
R/AT D.NO.4-217A
RADHUKATTE HOUSE,
VITTLAPANDNURU,
KODANGAI POST,
DAKSHINA KANNADA,
KARNATAKA - 574 243
2. ATHMIK RAI
S/O GUNAPALA RAI
AGED ABOUT 25 YEARS,
R/AT D.NO.4-217A
RADHUKATTE HOUSE,
VITTLAPADNURU,
KODANGAI POST,
DAKSHINA KANNADA,
KARNATAKA-574 243
3.
AKHIL RAI
S/O GUNAPALA RAI
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WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
AGED ABOUT 28 YEARS,
R/AT D.NO.4-217A
RADHUKATTE HOUSE,
VITTLAPANDNURU,
KODANGAI POST,
DAKSHINA KANNADA,
KARNATAKA-574 243.
ALL THE ABOVE PETITIONER
PRESENTLY R/AT FLAT NO.109,
KRISHNA HERITAGE, B.C. ROAD,
BANTWAL TALUK - 574 153.
…PETITIONERS
(BY SRI. AJAY PRABHU M., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
MANGALORE EAST POLICE
STATION, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 01
2.
SMT. POORNIMA RAI,
W/O ABHISHEK RAI,
AGED ABOUT 36 YEARS,
TRIVENI NILAYA, SCHOOL ROAD,
VITTLA BANTWALA TALUK-574153
DAKSHINA KANAADA
…RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP FOR R1
SRI. PONNANNA M.B., ADVOCATE FOR
SRI. RAHUL CARIAPPA K.S., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH ENTIRE PROCEEDINGS CRIME NO.116
OF 2020 ON THE FILE OF THE VI JMFC COURT, MANGALURU CITY,
DAKSHINA KANNADA FOR THE OFFENCE PUNISHABLE UNDER
SECTION 498A, 497, 494, 307, 506, 120 R/W 3, 4 OF IPC AND
- 4 -
NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AS PER ANNEXURE-
A IN SO FAR AS PETITIONERS. AND ETC.,
IN WP NO. 13552/2021
BETWEEN:
1. PRIYANKA SHETTY
D/O VENUGOPALA SHETTY
AGED ABOUT 25 YEARS,
R/AT D.NO.1-92, PELAMPADI
HOUSE, PUDU VILLAGE AND POST,
BANTWAL, D.K. - 574 143
2.
VENUGOPAL GOWDA
S/O VENU GOPAL SHETTY,
AGED ABOUT 58 YEARS,
R/AT D.NO.1-92, PELAMPADI
HOUSE, PUDU VILLAGE AND POST,
BANTWAL D.K. - 574 143
3. SARALA SHETTY
W/O VENUGOPALA SHETTY,
AGED ABOUT 25 YEARS,
R/AT D.NO.1-92, PELAMPADI
HOUSE, PUDU VILLAGE AND POST,
BANTWAL D.K. - 574 143
4. PRADEEP ALVA
S/O RAMANATHA ALVA,
R/AT FLAT NO.701,
ABHIMAN APARTMENT,
NEAR S.C.S. HOSPITAL,
BENDOORWELL,
MANGALURU - 575 002.
…PETITIONERS
(BY SRI. AJAY PRABHU M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
MANGALORE EAST POLICE
STATION, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
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NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
BANGALORE - 01
2. SMT. POORNIMA RAI,
W/O ABHISHEK RAI,
AGED ABOUT 36 YEARS,
TRIVENI NILAYA, SCHOOL ROAD,
VITTLA BANTWALA TALUK-574153
DAKSHINA KANAADA
…RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP FOR R1
SRI. PONNANNA M.B., ADVOCATE FOR
SRI. RAHUL CARIAPPA K.S., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH ENTIRE PROCEEDINGS CRIME NO.116
OF 2020 ON THE FILE OF THE VI JMFC COURT, MANGALURU CITY,
DAKSHINA KANNADA FOR THE OFFENCE PUNISHABLE UNDER
SECTION 498A, 497, 494, 307, 506, 120 R/W 3, 4 OF IPC AND
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AS PER ANNEXURE-
A IN SO FAR AS PETITIONERS. AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR HEARING -
INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL COMMON ORDER
Learned counsel for the petitioners has filed a memo
along with certified copy of the memorandum of agreement
filed under Section 89 of CPC R/w Rules 24 and 25 of the
Karnataka Civil Procedure (Mediation) Rules, 2007 in
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NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
MC.No.26/2025 before the learned Principal Family Judge, D.K.,
Mangaluru.
2. The memorandum of agreement reads as under:
"MEMORANDUM OF AGREEMENT UNDER SECTION
89 OF THE CODE OF THE CIVIL PROCEDURE READ
WITH RULES 24 AND 25 OF THE KARNATAKA
CIVIL PROCEDURE (MEDIATION) RULES, 2007.
The Parties above name submits as follows:
The aforesaid petition for divorce filed under
Section 13(1), (ia), (ib) and (1A) (ii) of the Hindu
Marriage Act 1955 was referred to mediation for
resolving the disputes between the parties. In the
Course of mediation, both the Petitioner and the
Respondent have resolved their disputes and have
agreed to the following terms and conditions:
1. That the Petitioner and Respondent have married on
18.05.2011 at Shri Mangaladevi Temple, Mangalore as
per the rites and customs prevailing in Hindu
Community and that the marriage was Registered under
the provisions of the Hindu Marriage Act 1955 as per
Certificate No. MGT-HM93-2010-11 registered on
02.06.2010. That the marriage between the Petitioner
and the Respondent was love marriage held in the
presents of few of friends and relatives of both the
parties.
2. That after the marriage both the petitioner and the
Respondent lived together as husband and wife and
resided at rented premises for about 8 years and there
is no issues out of their wedlock.
3. Gradually as days past difference were arisen and it was
revealed to them that they cannot live along happily due
to the strong temperamental differences. In spite of the
best efforts and attempts there was no harmonies
relation between them and hence both the Petitioner
and Respondent not residing together since from
December 2019.
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WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
4. That during the mediation both the Petitioner and
Respondent have not come to a centre decision to
resolve their dispute and live together. Therefore both
the Petitioner and Respondent finally decided to dissolve
their marriage and live separately under following
conditions:
a) That the petitioner shall agreed to pay a sum of Rs.
11,00,000/- (Rupees Eleven Lakh only) to the
respondent towards the final and complete life time
maintenance of the respondent as permanent alimony
by way of Demand Draft drawn on Nationalised Bank
before the Hon'ble Family Court at the time of evidence.
b) That the Petitioner agreed to release his undivided half
right in the immovable Property situated in Sy.No.
53/1P. (As per RTC 53/1P2), converted measuring 3.85
cents of Kunjathbail Village, Surathkal Hobli, Magnalore
Taluk in favour of the respondent by way of Registered
Release Deed. All the expenses relating to the execution
of the release Deed, Stamp Duty etc,, shall be borne by
the Respondent herself. The above Release Deed shall
be executed after withdrawing all the pending litigation.
Further the Petitioner agreed to provide his Aadhar
Card, Photo and PAN Card Copy to the Respondent to
enable her to update the E-Khata relating to the above
property.
c) That the Petitioner shall agreed to take necessary steps
to with draw all the pending cases filed by him such as -
R.P.F.C. No. 238/2023, R.P.F.C No. 119/2025,
W.P.No.13877/2021, W.P.No.13476/2021,
W.P.No.13552/2021, W.P.No. 29574/2024,
W.P.No.16703/2022. Pending before the Honorable High
Court of Karnataka at Bangalore with against Cr. No.
116/2020 of Womens Police Station Mangaluru. And
st
also O.S. No. 51/2023 pending before the honorable 1
Family Court Mangalore.
d) That the Respondent also agreed to take necessary
steps to withdraw all the pending cases filed by her such
as Crl.M.C. No. 1/2021, Crl.M.C. No.2/2022 Crl.M.C.
No.5/2023 pending before the Hon'ble JMFC VI Court
Mangalore and Crl. M.C. 110/2023 pending before the
Hon'ble Principal Family Court Magnalore and also P.C.
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HC-KAR
No. 2/2021 pending before the Hon'ble II CJM Court
Mangalore.
e) That in view of the aforesaid agreement both the
Petitioner and Respondent mutually agreed for divorce
without any kind of future maintenance and that they
have no claims whatsoever nature against each other in
respect of maintenance, inheritance of moveable and
immovable properties, compensation, alimony, assets
etc.,
f) All the allegations made against each other as been
withdrawn.
g) That both the parties have agreed to bear the expenses
arise whatsoever individually.
h) That both the Petitioner and Respondent agreed for the
separation and dissolve the Marriage solemnized on
18.05.20211 at Shri. Mangaladevi Temple, Mangalore
and the marriage was registered under the provision of
the Hindu Marriage Act and also the dissolution of
Marriage Certificate dated 02.06.2010 bearing No. MGT-
HM93-2010-11 in the office of the Hindu Marriage
Registrar, Mangaluru.
5. That the Petitioner and the Respondent herein
voluntarily and out of their own free will and the own
accord without any coercion or undue influence have
mutually agreed for mutual separation and dissolve the
marriage and consented to the above terms and
conditions.
In view of the aforesaid agreement entered into
between the parties, the parties pray that the Hon'ble
Family Court may be pleased to pass necessary orders.
Parties will appear before the Hon'ble Court on
next hearing date for passing necessary Orders/decree
in terms of the above said agreement."
3. Learned counsel for the petitioners submits that
pursuant to the agreement entered into between the parties, all
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WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
the proceedings between the parties are settled and the
present petitions are to be allowed to quash the criminal
proceedings in the interest of justice.
4. Learned counsel for respondent No.2 admits the
contentions taken by the learned counsel for the petitioners. He
also admits that memorandum of agreement referred to above
and submits no objections to allow these petitions.
5. The memo along with memorandum of agreement
and the submissions are placed on record. In view of the
settlement arrived at between the parties, I deem it
appropriate to allow the petition by quashing the criminal
proceedings initiated against the petitioners. Accordingly, I
proceed to pass the following:
ORDER
(i) The writ petitions are allowed .
(ii) The criminal proceedings initiated in Crime
No.116/2020 of Mangalore East Police Station,
registered for the offences punishable under
Section 498A, 497, 494, 307, 506, 120 R/w
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C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
Section 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act, are hereby quashed against the
petitioners in all the writ petitions.
In view of the disposal of the main petition, pending
IA No.1/2024 stands disposed off in WP.No.13877/2021.
Sd/-
(M G UMA)
JUDGE
BH
List No.: 1 Sl No.: 7
NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
WRIT PETITION NO. 13877 OF 2021 (GM-RES)
C/W
WRIT PETITION NO. 13476 OF 2021 (GM-RES)
WRIT PETITION NO. 13552 OF 2021 (GM-RES)
IN WP NO. 13877/2021
BETWEEN:
ABHISHEK RAI
S/O GUNAPALA RAI,
AGED ABOUT 37 YEARS,
R/AT D NO.4-217A,
RADHUKATTE HOUSE,
VITTALAPADNURU, KODANGAI
POST, DAKSHINA KANNADA,
KARNATAKA - 574 253
PRESENTLY R/AT FLAT NO.109,
KRISHNA HERITAGE, B.C. ROAD,
BANTWAL TALUK - 574 153
…PETITIONER
(BY SRI. AJAY PRABHU M., ADVOCATE)
Digitally signed
by PRASHANTH
N V
Location: High
Court of
Karnataka
AND:
1. STATE OF KARNATAKA
MANGALORE EAST POLICE
STATION, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 01
2. SMT. POORNIMA RAI,
W/O ABHISHEK RAI,
AGED ABOUT 36 YEARS,
TRIVENI NILAYA, SCHOOL ROAD,
VITTLA BANTWALA TALUK-574153
- 2 -
NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
DAKSHINA KANAADA
…RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP FOR R1
SRI. PONNANNA M.B., ADVOCATE FOR
SRI. RAHUL CARIAPPA K.S., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH ENTIRE PROCEEDINGS CRIME NO.116
OF 2020 ON THE FILE OF THE VI JMFC COURT, MANGALURU CITY,
DAKSHINA KANNADA FOR THE OFFENCE PUNISHABLE UNDER
SECTION 498A, 497, 494, 307, 506, 120 R/W 3, 4 OF IPC AND
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AS PER ANNX-A.
AND ETC.,
IN WP NO. 13476/2021
BETWEEN:
1. SMT. MAMATHA G RAI
W/O GUNAPALA RAI
AGED ABOUT 57 YEARS,
R/AT D.NO.4-217A
RADHUKATTE HOUSE,
VITTLAPANDNURU,
KODANGAI POST,
DAKSHINA KANNADA,
KARNATAKA - 574 243
2. ATHMIK RAI
S/O GUNAPALA RAI
AGED ABOUT 25 YEARS,
R/AT D.NO.4-217A
RADHUKATTE HOUSE,
VITTLAPADNURU,
KODANGAI POST,
DAKSHINA KANNADA,
KARNATAKA-574 243
3.
AKHIL RAI
S/O GUNAPALA RAI
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C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
AGED ABOUT 28 YEARS,
R/AT D.NO.4-217A
RADHUKATTE HOUSE,
VITTLAPANDNURU,
KODANGAI POST,
DAKSHINA KANNADA,
KARNATAKA-574 243.
ALL THE ABOVE PETITIONER
PRESENTLY R/AT FLAT NO.109,
KRISHNA HERITAGE, B.C. ROAD,
BANTWAL TALUK - 574 153.
…PETITIONERS
(BY SRI. AJAY PRABHU M., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
MANGALORE EAST POLICE
STATION, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 01
2.
SMT. POORNIMA RAI,
W/O ABHISHEK RAI,
AGED ABOUT 36 YEARS,
TRIVENI NILAYA, SCHOOL ROAD,
VITTLA BANTWALA TALUK-574153
DAKSHINA KANAADA
…RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP FOR R1
SRI. PONNANNA M.B., ADVOCATE FOR
SRI. RAHUL CARIAPPA K.S., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH ENTIRE PROCEEDINGS CRIME NO.116
OF 2020 ON THE FILE OF THE VI JMFC COURT, MANGALURU CITY,
DAKSHINA KANNADA FOR THE OFFENCE PUNISHABLE UNDER
SECTION 498A, 497, 494, 307, 506, 120 R/W 3, 4 OF IPC AND
- 4 -
NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AS PER ANNEXURE-
A IN SO FAR AS PETITIONERS. AND ETC.,
IN WP NO. 13552/2021
BETWEEN:
1. PRIYANKA SHETTY
D/O VENUGOPALA SHETTY
AGED ABOUT 25 YEARS,
R/AT D.NO.1-92, PELAMPADI
HOUSE, PUDU VILLAGE AND POST,
BANTWAL, D.K. - 574 143
2.
VENUGOPAL GOWDA
S/O VENU GOPAL SHETTY,
AGED ABOUT 58 YEARS,
R/AT D.NO.1-92, PELAMPADI
HOUSE, PUDU VILLAGE AND POST,
BANTWAL D.K. - 574 143
3. SARALA SHETTY
W/O VENUGOPALA SHETTY,
AGED ABOUT 25 YEARS,
R/AT D.NO.1-92, PELAMPADI
HOUSE, PUDU VILLAGE AND POST,
BANTWAL D.K. - 574 143
4. PRADEEP ALVA
S/O RAMANATHA ALVA,
R/AT FLAT NO.701,
ABHIMAN APARTMENT,
NEAR S.C.S. HOSPITAL,
BENDOORWELL,
MANGALURU - 575 002.
…PETITIONERS
(BY SRI. AJAY PRABHU M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
MANGALORE EAST POLICE
STATION, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
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WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
BANGALORE - 01
2. SMT. POORNIMA RAI,
W/O ABHISHEK RAI,
AGED ABOUT 36 YEARS,
TRIVENI NILAYA, SCHOOL ROAD,
VITTLA BANTWALA TALUK-574153
DAKSHINA KANAADA
…RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP FOR R1
SRI. PONNANNA M.B., ADVOCATE FOR
SRI. RAHUL CARIAPPA K.S., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH ENTIRE PROCEEDINGS CRIME NO.116
OF 2020 ON THE FILE OF THE VI JMFC COURT, MANGALURU CITY,
DAKSHINA KANNADA FOR THE OFFENCE PUNISHABLE UNDER
SECTION 498A, 497, 494, 307, 506, 120 R/W 3, 4 OF IPC AND
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AS PER ANNEXURE-
A IN SO FAR AS PETITIONERS. AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR HEARING -
INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL COMMON ORDER
Learned counsel for the petitioners has filed a memo
along with certified copy of the memorandum of agreement
filed under Section 89 of CPC R/w Rules 24 and 25 of the
Karnataka Civil Procedure (Mediation) Rules, 2007 in
- 6 -
NC: 2026:KHC:8552
WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
MC.No.26/2025 before the learned Principal Family Judge, D.K.,
Mangaluru.
2. The memorandum of agreement reads as under:
"MEMORANDUM OF AGREEMENT UNDER SECTION
89 OF THE CODE OF THE CIVIL PROCEDURE READ
WITH RULES 24 AND 25 OF THE KARNATAKA
CIVIL PROCEDURE (MEDIATION) RULES, 2007.
The Parties above name submits as follows:
The aforesaid petition for divorce filed under
Section 13(1), (ia), (ib) and (1A) (ii) of the Hindu
Marriage Act 1955 was referred to mediation for
resolving the disputes between the parties. In the
Course of mediation, both the Petitioner and the
Respondent have resolved their disputes and have
agreed to the following terms and conditions:
1. That the Petitioner and Respondent have married on
18.05.2011 at Shri Mangaladevi Temple, Mangalore as
per the rites and customs prevailing in Hindu
Community and that the marriage was Registered under
the provisions of the Hindu Marriage Act 1955 as per
Certificate No. MGT-HM93-2010-11 registered on
02.06.2010. That the marriage between the Petitioner
and the Respondent was love marriage held in the
presents of few of friends and relatives of both the
parties.
2. That after the marriage both the petitioner and the
Respondent lived together as husband and wife and
resided at rented premises for about 8 years and there
is no issues out of their wedlock.
3. Gradually as days past difference were arisen and it was
revealed to them that they cannot live along happily due
to the strong temperamental differences. In spite of the
best efforts and attempts there was no harmonies
relation between them and hence both the Petitioner
and Respondent not residing together since from
December 2019.
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WP No. 13877 of 2021
C/W WP No. 13476 of 2021
WP No. 13552 of 2021
HC-KAR
4. That during the mediation both the Petitioner and
Respondent have not come to a centre decision to
resolve their dispute and live together. Therefore both
the Petitioner and Respondent finally decided to dissolve
their marriage and live separately under following
conditions:
a) That the petitioner shall agreed to pay a sum of Rs.
11,00,000/- (Rupees Eleven Lakh only) to the
respondent towards the final and complete life time
maintenance of the respondent as permanent alimony
by way of Demand Draft drawn on Nationalised Bank
before the Hon'ble Family Court at the time of evidence.
b) That the Petitioner agreed to release his undivided half
right in the immovable Property situated in Sy.No.
53/1P. (As per RTC 53/1P2), converted measuring 3.85
cents of Kunjathbail Village, Surathkal Hobli, Magnalore
Taluk in favour of the respondent by way of Registered
Release Deed. All the expenses relating to the execution
of the release Deed, Stamp Duty etc,, shall be borne by
the Respondent herself. The above Release Deed shall
be executed after withdrawing all the pending litigation.
Further the Petitioner agreed to provide his Aadhar
Card, Photo and PAN Card Copy to the Respondent to
enable her to update the E-Khata relating to the above
property.
c) That the Petitioner shall agreed to take necessary steps
to with draw all the pending cases filed by him such as -
R.P.F.C. No. 238/2023, R.P.F.C No. 119/2025,
W.P.No.13877/2021, W.P.No.13476/2021,
W.P.No.13552/2021, W.P.No. 29574/2024,
W.P.No.16703/2022. Pending before the Honorable High
Court of Karnataka at Bangalore with against Cr. No.
116/2020 of Womens Police Station Mangaluru. And
st
also O.S. No. 51/2023 pending before the honorable 1
Family Court Mangalore.
d) That the Respondent also agreed to take necessary
steps to withdraw all the pending cases filed by her such
as Crl.M.C. No. 1/2021, Crl.M.C. No.2/2022 Crl.M.C.
No.5/2023 pending before the Hon'ble JMFC VI Court
Mangalore and Crl. M.C. 110/2023 pending before the
Hon'ble Principal Family Court Magnalore and also P.C.
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No. 2/2021 pending before the Hon'ble II CJM Court
Mangalore.
e) That in view of the aforesaid agreement both the
Petitioner and Respondent mutually agreed for divorce
without any kind of future maintenance and that they
have no claims whatsoever nature against each other in
respect of maintenance, inheritance of moveable and
immovable properties, compensation, alimony, assets
etc.,
f) All the allegations made against each other as been
withdrawn.
g) That both the parties have agreed to bear the expenses
arise whatsoever individually.
h) That both the Petitioner and Respondent agreed for the
separation and dissolve the Marriage solemnized on
18.05.20211 at Shri. Mangaladevi Temple, Mangalore
and the marriage was registered under the provision of
the Hindu Marriage Act and also the dissolution of
Marriage Certificate dated 02.06.2010 bearing No. MGT-
HM93-2010-11 in the office of the Hindu Marriage
Registrar, Mangaluru.
5. That the Petitioner and the Respondent herein
voluntarily and out of their own free will and the own
accord without any coercion or undue influence have
mutually agreed for mutual separation and dissolve the
marriage and consented to the above terms and
conditions.
In view of the aforesaid agreement entered into
between the parties, the parties pray that the Hon'ble
Family Court may be pleased to pass necessary orders.
Parties will appear before the Hon'ble Court on
next hearing date for passing necessary Orders/decree
in terms of the above said agreement."
3. Learned counsel for the petitioners submits that
pursuant to the agreement entered into between the parties, all
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the proceedings between the parties are settled and the
present petitions are to be allowed to quash the criminal
proceedings in the interest of justice.
4. Learned counsel for respondent No.2 admits the
contentions taken by the learned counsel for the petitioners. He
also admits that memorandum of agreement referred to above
and submits no objections to allow these petitions.
5. The memo along with memorandum of agreement
and the submissions are placed on record. In view of the
settlement arrived at between the parties, I deem it
appropriate to allow the petition by quashing the criminal
proceedings initiated against the petitioners. Accordingly, I
proceed to pass the following:
ORDER
(i) The writ petitions are allowed .
(ii) The criminal proceedings initiated in Crime
No.116/2020 of Mangalore East Police Station,
registered for the offences punishable under
Section 498A, 497, 494, 307, 506, 120 R/w
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Section 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act, are hereby quashed against the
petitioners in all the writ petitions.
In view of the disposal of the main petition, pending
IA No.1/2024 stands disposed off in WP.No.13877/2021.
Sd/-
(M G UMA)
JUDGE
BH
List No.: 1 Sl No.: 7