IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.564 OF 2019 C/W CRIMINAL PETITION No.565 OF 2019 & CRIMINAL PETITION No.1184 OF 2017 IN CRL.P.No.564/2019 BETWEEN:
ABEER KUMAR BANERJEE S/O SHANKAR KUMAR BANERJEE AGED ABOUT 33 YEARS R/O FLAT NO.203, PLOT NO.71 B-WING, BHAKTI ORNATE CHS, SECTOR-35, KAMOTHE MAHARASTRA-410 209 … PETITIONER (BY SHRI. SIJI MALAYIL, ADVOCATE) AND:
1. STATE BY HALASURU GATE WOMEN PS REPRESENTED BY SPP HIGH COURT BUILDING CUBBONPARK BANGALORE-560 001 2. SMT. SUPARNA BANERJEE W/O ABEER KUMAR BANERJEE AGED ABOUT 31 YEARS R/A NO.22, SANTHA NILAYAM 5TH CROSS, KALKERE MAIN ROAD RAMAMURTHY NAGAR BENGALURU-560 016 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R-1;
SHRI. S.G. MUNISWAMY GOWDA, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.24413/2016, BY COMPOUNDING THE OFFENCE INITIATED BY THE RESPONDENT NO.2, WHICH IS PENDING ON THE FILE OF THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
IN CRL.P.No.565/2019 BETWEEN:
1. ABEER KUMAR BANERJEE S/O SHANKAR KUMAR BANERJEE AGED ABOUT 33 YEARS PRESENTLY AT:-65, CHULIA STREET OCBC CENTRE, SINGAPORE-049 513 2. SHANKAR KUMAR BANERJEE AGED ABOUT 72 YEARS 3. RUMA BANERJEE AGED ABOUT 57 YEARS 4. PRABIR BANERJEE AGED ABOUT 30 YEARS ALL RESIDING AT FLAT NO.203, PLOT NO.71 B-WING, BHAKTI ORNATE CHS, SECTOR-35, KAMOTHE MAHARASTRA 410 209 … PETITIONERS (BY SHRI. SIJI MALAYIL, ADVOCATE) AND:
SMT. SUPARNA BANERJEE W/O ABEER KUMAR BANERJEE AGED ABOUT 31 YEARS R/A NO.22, SANTHA NILAYAM 5TH CROSS, KALKERE MAIN ROAD RAMAMURTHY NAGAR BENGALURU-560 016 ... RESPONDENT (BY SHRI. S.G. MUNISWAMY GOWDA, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.92/2016, BY COMPOUNDING THE OFFENCE INITIATED BY THE RESPONDENT, WHICH IS PENDING ON THE FILE OF THE METROPOLITAN MAGISTRATE TRAFFIC COURT-I, BANGALORE.
IN CRL.P.No.1184/2017 BETWEEN:
1. SRI. SHANKARKUMAR SURESHCHANDRA BANERJI S/O SURESHCHANDRA BANERJI AGED ABOUT 70 YEARS 2. MRS. RUMA BANERJI W/O SURESHCHANDRA BANERJI AGED ABOUT 56 YEARS BOTH ARE RESIDING AT:
BHAKTI ORNATE, PLOT NO 71 ROOM NO 203, B WING, KAMOTHE SECTOR-35, KALAMBOLI NODE KALAMBOLI NODE, PANVEL RAIGARH MAHARASHTRA-410 218 … PETITIONERS (BY SHRI. SIJI MALAYIL, ADVOCATE) AND:
1. STATE OF KARNATAKA BY HALASURU GATE PS REPRESENTED BY SPP HIGH COURT BUILDING CUBBON PARK BANGALORE-560 001 2. SMT. SUPARNA BANERJEE W/O ABEER KUMAR BANERJEE AGED ABOUT 29 YEARS RESIDING NO.22, SANTHA NILAYAM 5TH CROSS, KALKERE MAIN ROAD RAMAMURTHY NAGAR BANGALORE CITY KARNATAKA-560 016 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R-1;
SHRI. S.G. MUNISWAMY GOWDA, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.24413/2016 BY COMPOUNDING THE OFFENCES INITIATED BY THE RESPONDENT NO.1 WHICH IS PENDING ON THE FILE OF VI ACMM, BANGALORE.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Respondent No.2-Smt. Suparna Banerjee initiated proceedings under Section 498A of IPC and Section 4 of Dowry Prohibition Act, 1961, (“D.P.Act” for short) in C.C.No.24413/2016 on the file of VI ACMM, Bengaluru. She also initiated proceedings under Section 12 of Protection of Women from Domestic Violence Act, 2005, in CRL.MISC.No.92/2016 against her husband, brother-in-law and parents-in-law.
2. CRL.P.No.564/2019 is filed by Shri Abeer Kumar Banerjee, husband of Suparna Banerjee challenging the proceedings initiated against him in C.C.No.24413/2016. His parents namely Shankar Kumar Banerjee and Ruma Banerjee filed CRL.P.No.1184/2017 challenging proceedings initiated against them in C.C.No.24413/2016. Husband and brother-in-law and parents-in-law of Suparna Banerjee have field CRL.P.No.565/2019 challenging proceedings initiated against them in CRL.MISC.No.92/2016.
3. Shri Siji Malayil, learned advocate for the petitioners submits that the matrimonial dispute between Abeer Kumar and Suparna Banerjee have been resolved by filing petition under Section 89 of CPC before V Additional Family Court, Bengaluru, in M.C.No.515/2019 and agreed to obtain a decree of divorce. Parties have filed a joint memo and joint affidavit in all the three cases.
4. Learned advocate for the petitioners submitted that Abeer Kumar Banerjee is represented by his father under a Special Power of Attorney dated 11.12.2018. It is also submitted that Mediation proceedings were also conducted through video conference.
5. Mr. Shankar Kumar Banerjee and Smt. Suparna Banerjee are presented before the Court. Shri Abeer Kumar Banerjee is represented by his father and power agent. Ruma Banerjee and Prabir Banerjee are permitted to be represented by their advocate.
6. Respondent No.2 - Suparna Banerjee submits that she has no objection for allowing this petition. They admit the contents of the Affidavit. reads as follows:
7. Joint Affidavit filed in CRL.P.NO.564/2019 reads as follows:
“JOINT AFFIDAVIT I, Abeer Kumar Bannerjee, son of Shankar Kumar Sureshchandra Banerjee, Aged about 33 years, r/o Flat no.203, Plot No.71, B-Wing, Bhakti Ornate, CHS, Sector- 35, Kamothe, Maharastra-410209 currently at 65, Chulia Street, OCBC Centre, Singapore – 049513, the petitioner herein represented through his SPA Holder i.e. Shankar Kumar Sureshchandra Banerjee, r/o Flat no.203, Plot No.71, B-Wing, Bhakti Ornate, CHS, Sector-35, Kamothe, Maharastra-410209 and Suparna Banerjee, W/o Abeer Kumar Banerjee, Aged about 31 years, R/a No.29A/1A/6B, Flat No.A-15, Shubhankar Apartment, Aundh Road, Near Botanical Garden, Post off Khadki, Pune City – 411 020 the respondent no.2, do hereby solemnly affirm and state on oath as follows:
1. I am the father of the Petitioner, I know the facts of the case and I am swearing on behalf of the Petitioner. I am the 2nd Respondent herein and I am the wife of the petitioner. We know the facts of the case. Hence we are swearing to this affidavit.
2. We state that, the above petition has been filed with a prayer to quash the proceedings in C.C. No. 24413/2016 pending before the Learned VI ACMM, Court, Bangalore. The grounds urged in the accompanying Joint Memo may be read as part and parcel of this Affidavit.
3. It is submitted that the 2nd Respondent herein is the legally wedded wife of the Petitioner. Due to some differences between the 2nd respondent and Petitioner, 2nd Respondent had filed a complaint against Petitioner and his parents before the 1st Respondent. On the strength of the said complaint, the 1st Respondent has registered an F.I.R and subsequently chargesheeted for the offences punishable under sections 498-A of I.P.C r/w sections 4 of the Dowry Prohibition Act in C.C No.24413/2016 pending in the files of Ld. VI ACMM Court, Bengaluru. It is submitted that, the said dispute arose due to disturbance in the marital life of the Petitioner and 2nd respondent. In the meanwhile, Petitioner and the 2nd respondent agreed to settle the dispute amicably and thus filed a petition under section 13B of the Hindu Marriage Act, seeking decree of divorce by mutual consent and same was registered as M.C No.515/2019 now pending in the file of Hon’ble V Addl. Judge, Family Court Bengaluru. During the pendency of the said case, the matter was referred for mediation before the Bangalore Mediation Centre. In the mediation, the matter has been settled amicably and Petitioner and the 2nd Respondent entered into Memorandum of Settlement on certain terms and conditions.
4. Since the matter is amicably settled between this Hon’ble court may be pleased to may be pleased to quash the proceedings in C.C. no.24413/2016 pending in the files of Ld. VI ACMM Court, Bengaluru. Hence this Joint Affidavit.
5. We state that the averments made in the para No.1 to 4 are prepared as per our instructions and these are correct to the best of our knowledge, information and belief.
WHEREFORE, we pray that this Hon’ble court be pleased to allow the accompanying joint memo as prayed for, in the interest of justice.
We, the deponent named above do hereby verify and declare that the contents stated above are true and correct to the best of our knowledge, information and belief.” (sic) 8. Joint Affidavit filed in CRL.P.NO.565/2019 reads as follows:
“JOINT AFFIDAVIT I, Abeer Kumar Bannerjee, son of Shankar Kumar Sureshchandra Banerjee, Aged about 33 years, r/o Flat No.203, Plot No.71, B-Wing, Bhakti Ornate, CHS, Sector-35, Kamothe, Maharastra-410209 currently at 65, Chulia Street, OCBC Centre, Singapore – 049513, the petitioner herein represented through his SPA Holder i.e. Shankar Kumar Sureshchandra Banerjee, r/o Flat No.203, Plot No.71, B- Wing, Bhakti Ornate, CHS, Sector-35, Kamothe, Maharastra- 410209 and Suparna Banerjee W/o Abeer Kumar Banerjee, Aged about 31 years, R/a No.29A/1A/6B, Flat No. A-15, Shubhankar Apartment, Aundh Road, Near Botanical Garden Post off Khadki, Pune City – 411 020 the respondent, do hereby solemnly affirm and state on oath as follows:
1. I am 2nd Petitioner, I know the facts of the case and I am swearing on behalf of other Petitioners. I am the Respondent herein and I am the wife of the 1st petitioner. We know the facts of the case. Hence we are swearing to this affidavit.
2. We state that, the above petition has been filed with a prayer to quash the proceedings in C. Misc. No.92/2016 pending before the Learned MMTC-I, Bangalore. The grounds urged in the accompanying Joint Memo may be read as part and parcel of this Affidavit.
3. It is submitted that the Respondent herein is the legally wedded wife of the 1st Petitioner. Due to some differences between the respondent and 1st Petitioner, respondent had filed a case against all the petitioners under section 12 of the Protection of Women from Domestic Violence Act, 2005 in C. Misc No.92/2016 pending in the files of Ld. MMTC-I, Bengaluru. It is submitted that, the said dispute arose due to disturbance in the marital life of the 1st Petitioner and respondent. In the meanwhile, 1st Petitioner and the respondent agreed to settle the dispute amicably and thus filed a petition under section 13B of the Hindu Marriage Act, seeking decree of divorce by mutual consent and same was registered as M.C. No.515/2019 now pending in the files of Hon’ble V Addl. Judge, Family Court Bengaluru. During the pendency of the said case, the matter was referred for mediation before the Bangalore Mediation Centre. In the mediation, the matter has been settled amicably and 1st Petitioner and the Respondent entered into Memorandum of Settlement on certain terms and conditions.
4. Since the matter is amicably settled between this Hon’ble court may be pleased to may be pleased to quash the proceedings in C. Misc. No.92/2016 pending in the files of Ld. MMTC-I Court, Bengaluru. Hence this Joint Affidavit.
5. We state that the averments made in the para No.1 to 4 are prepared as per our instructions and these are correct to the best of our knowledge, information and belief.
WHEREFORE, we pray that this Hon’ble court be pleased to allow the accompanying joint memo as prayed for, in the interest of justice.
We, the deponent named above do hereby verify and declare that the contents stated above are true and correct to the best of our knowledge, information and belief.” (sic) 9. Joint Affidavit filed in CRL.P.NO.1184/2017 reads as follows:
“JOINT AFFIDAVIT I, Shankar Kumar Sureshchandra Banerjee, Son of Sureshchandra Banerji, Aged about 72 years r/o Flat No.203, Plot No.71, B-Wing, Bhakti Ornate, CHS, Sector-35, Kamothe, Maharastra-410209 the petitioner no.1 and and Suparna Banerjee W/o Abeer Kumar Banerjee, Aged about 31 years, R/a No.29A/1A/6B, Flat No. A-15, Shubhankar Apartment, Aundh Road, Near Botanical Garden Post off Khadki, Pune City – 411 020 the respondent no.2, do hereby solemnly affirm and state on oath as follows:
1. We are the 1st Petitioner and 2nd Respondent herein in the above case. We know the facts of the case. Hence we are swearing to this affidavit and on behalf of the other Petitioners.
2. We state that, the above petition has been filed with a prayer to quash the proceedings in C.C No.24413/2016 pending before the Learned VI ACMM Court, Bangalore. The grounds urged in the accompanying Joint Memo may be read as part and parcel of this Affidavit.
3. It is submitted that the 2nd Respondent herein is the legally wedded wife of my son. Due to some differences between the 2nd respondent and her husband 2nd respondent had filed a complaint against her husband and parents before the 1st Respondent. On the strength of the said complaint, the 1st Respondent has registered an F.I.R and subsequently charge sheeted for the offences punishable under section 498-A of I.P.C r/w sections 4 of the Dowry Prohibition Act in C.C. No.24413/2016 pending in the files of Ld. VI ACMM court, Bengaluru. It is submitted that, the said dispute arose due to disturbance in the marital life of 2nd respondent and her husband. In the meanwhile, the 2nd respondent and her husband agreed to settle the dispute amicably and thus filed a petition under section 13B of the Hindu Marriage Act, seeking decree of divorce by mutual consent and same was registered as M.C. No.515/2019 now pending in the files of Hon’ble V Addl. Judge, Family Court, Bengaluru. During the pendency of the said case, the matter was referred for mediation before the Bangalore Mediation Centre. In the mediation, the matter has been settled amicably and the 2nd respondent and her husband entered into Memorandum of Settlement on certain terms and conditions.
4. Since the matter is amicably settled between this Hon’ble court may be pleased to may be pleased to quash the proceedings in C.C No.24413/2016 pending in the files of Ld. VI ACMM Court, Bengaluru. Hence this Joint Affidavit.
5. We state that the averments made in the para No.1 to 4 are prepared as per out instructions and these are correct to the best of our knowledge, information and belief.
WHEREFORE, we pray that this Hon’ble court be pleased to allow the accompanying joint memo as prayed for, in the interest of justice.
We, the deponent named above do hereby verify and declare that the contents stated above are true and correct to the best of our knowledge, information and belief.” (sic) 10. The criminal proceedings under Section 498-A of IPC have stemmed out of matrimonial dispute between the parties. Parties have resolved the matrimonial dispute amicably. In the circumstances, no useful purpose would be served by continuing the criminal proceedings challenged in this petition. Therefore, it is just and appropriate to quash the said criminal proceedings and hence the following;
ORDER (i) Proceedings in C.C.No.24413/2016 pending on the file of VI ACMM, Bengaluru challenged in CRL.P.No.564/2019;
(ii) Proceedings in CRL.MISC.No.92/2016 pending on the file of MMTC-I Court, Bengaluru challenged in CRL.P.No.565/2019; and (iii) Proceedings in C.C.No.24413/2016 pending on the file of the VI ACMM, Bengaluru challenged in CRL.P.No.1184/2017, are quashed 11. Petitions are accordingly disposed of.
12. In view of disposal of the petitions, all pending interlocutory applications in these petitions do not survive for consideration and they stand disposed of.
No costs.
Sd/- JUDGE AV