IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.1238 OF 2019 BETWEEN:
1. A.N.LOHITHKUMAR S/O LATE NIRANJANACHAR AGED ABOUT 33 YEARS R/O DOOR NO.31/179 NEAR KARIYAMMA TEMPLE BHAGIRATHA CIRCLE JAYANAGARA SARASWATHI NAGAR NITTUVALLI DAVANAGERE – 577 001 EARLIER R/AT VEERABHADRESHWARA ELECTRICAL, SAVALANGA ROAD OPP. USHA NURSING HOME VINOBHA NAGARA NEAR POLICE STATION SHIVAMOGGA – 577 201 NOW R/A A.N.LOHITH KUMAR S/O LATE NIRANJANACHAR DOOR NO.61/179 ‘B’ BLOCK, JAYANAGARA NITTUVALLI, DAVANAGERE – 577 001.
2. SUDHINDRA S/O LATE NIRANJANACHAR AGED ABOUT 31 YEARS R/O DOOR NO.31/179 NEAR KARIYAMMA TEMPLE BHAGIRATHA CIRCLE JAYANAGARA SARASWATHI NAGAR NITTUVALLI DAVANAGERE – 577 001 (BY SHRI GOPALAKRISHNAMURTHY C., ADVOCATE) AND:
1. STATE BY BIRUR POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 2. SMT. KAVITHA @ VANITHA W/O LOHITHKUMAR AGED ABOUT 29 YEARS R/O BEHIND BHOOTHAPPA TEMPLE NEAR GOVERNMENT PRIMARY SCHOOL UPPARAKERI, BIRUR, KADUR TALUK CHIKKAMANGLURU DISTRICT – 577 116 NOW R/A MARGADHA CAMP, BIRUR KADUR TALUK – 577 116 (BY SMT. K.P.YASHODHA, HCGP FOR R1;
SHRI K.M.THIRTHAPPA, ADVOCATE FOR R2) …PETITIONERS … RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.296/2017 FOR THE ALLEGED OFFENCES P/U/S 498(A), 323, 504, 506, 114 R/W 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND C.J.M., KADUR AS PER ANNEXURE – E.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R One Smt. Vanitha filed a complaint against her husband and his relatives registered as FIR No.216/2016 in Birur Police Station on 11.11.2016. Police after investigation have filed charge sheet in C.C.No.296/2017 on the file of the Senior Civil Judge & JMFC, Kadur for the offences punishable under Sections 498-A, 323, 504, 506, 114 r/w 34 of IPC and Sections 3 & 4 of the Dowry Prohibition Act.
2. Learned Advocates for the petitioners and second respondent jointly submit that the parties have amicably settled the matrimonial dispute in M.C.No.89/2018. Accordingly, joint affidavit of both petitioners and second respondent is filed. They pray that this petition be disposed of in terms of the joint affidavit.
3. Petitioners and second respondent are present before the Court and identified by their respective advocates. The second respondent submits that she has no objection for quashing the proceedings in C.C.No.296/2017 as the matter has been amicably settled between the parties.
4. The joint affidavit filed by the petitioners and second respondent, reads as follows:
“We, 1) A.N.Lohithkumar S/o Late. Niranjanachar, Aged about 33 years, R/o Door No.631/179, Near Kariyamma Temple, Bhagiratha Circle, Jayanagara, Nittuvalli, Davanagere-577 001 Now R/at Veerabhadra Electrical, Svalanga Road, Opp. Usha Nurshing Home, Vinobhanagara, Near Police Station, Shivamogga – 577 201.
2) Sudhindra S/o. Late Niranjanachar, Aged about 31 years, R/o. Door No.631/179, Near Kariyamma Temple, Bhagiratha Circle, Jayanagara, Nittuvalli, Davanagere – 577 001 accused No.1 & 2 in (Cr.No.216/2016) (C.C.No.296/2017).
And I, Smt. Vanitha @ Kavitha W/o. Lohithkumar, Aged about 29 years, R/o. Behind Bhoothappa Temple, Near Government Primary School, Upparakeri, Birur, Kadur Taluk, Chikkamangaluru District – 577 116 all are come down to Bengaluru and hereby solemnly affirm and state on oath as follows:
3. The Petitioner No.1 is the husband and respondent No.2 is the wife in this Petition. The Petitioner No.2 is the brother of the petitioner No.1 in the above petition.
4. The respondent No.2 wife of the petitioner No.1 initiated proceedings under Section 498-A, 323, 504, 506, 114 R/w 34 of IPC and Section 3 and 4 of Dowry Prohibition Act, Respondent No.2 filed a case in Crime No.216/2016 on the file of the Civil Judge and C.J.M. at Kadur, before the Respondent No.1 Police, petitioners are seeking to quash the FIR. After filing of the charge sheet it was numbered as C.C.No.296/2017 pending on the file of the Civil Judge and C.J.M. at Kadur.
5. All the parties submit that they have settled the matter in Crime No.216/2016 and also in Mediation Centre, Chikkamagaluru in M.C.No.89/2018 with the intervention of elders, well-wishers and family members of both the petitioners No.1, 2 and Respondent No.2.
6. The petitioner No.1 husband has paid sum of Rs.5,00,000/- to Respondent No.2 towards maintenance/permanent alimony as full and final settlement and has accordingly tendered D.D.No.321066 dtd: 24.07.2018 for sum of Rs.2,50,000/- drawn on Corporation Bank. The Petitioner No.1 has paid a sum of Rs.2,00,000/- dtd: 10.04.2019 by way of Deposit in Corporation Bank in Bond No.2019 F0050400, Savalanga Road, Shivamogga, remaining Rs.50,000/- by way of cash was received by Respondent No.2 on 12.04.2019. The certified copy of the affidavit sworn by the respondent No.2 before the Family Court Chikkamagaluru in M.C.No.89/2018 dtd: 12.04.2019 is enclosing for the kind perusal of this Hon’ble Court.
7. Respondent No.2 submits that she has agreed to co-operate in quashing of the proceedings in Crime No.216/2016 (C.C.No.296/2017 pending on the file of Civil Judge and C.J.M at Kadur, has no objection to quash the said proceedings.
8. It is stated that the above compromise entered between the parties without any threat, Force and coercion or fraud or misrepresentation but with free will and consent of both the parties. Hence, both the Petitioners and Respondent No.2 respectfully pray that this Hon’ble Court may be pleased to quash the proceedings as prayed in the main petition to meet the ends of justice.”
(emphasis supplied) 5. The parties having amicably settled the matter, no useful purpose would be served in continuing the criminal proceedings against the petitioners.
6. Resultantly, this petition is disposed of in terms of the joint affidavit. All proceedings in 0020 CC No.296/2017 pending on the file of the Senior Civil Judge & JMFC, Kadur are quashed.
No costs.
Sd/- JUDGE hkh.