IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.4714 OF 2019 BETWEEN:
1. ABHISHEK G.C., AGED ABOUT 33 YEARS, S/O CHANNABASAVA SWAMY, #572, 3RD FLOOR, 15TH MAIN ROAD, 22ND CROSS, HSR LAYOUT, SECTOR–3, BANGALORE – 560 102.
ALSO AT:
BANASHANKARI 3RD STAGE, BENGALURU-560.
2. SMT. GEETHA SWAMY, AGED ABOUT 60 YEARS, W/O CHANNABASAVA SWAMY, #572, 3RD FLOOR, 15TH MAIN ROAD, 22ND CROSS, HSR LAYOUT, SECTOR – 3, BANGALORE – 560 102.
3. CHANNABASAVA SWAMY, AGED ABOUT 63 YEARS, #572, 3RD FLOOR, 15TH MAIN ROAD, 22ND CROSS, HSR LAYOUT, SECTOR – 3, BANGALORE – 560 102.
THE 2ND AND 3RD PETITIONERS ARE ALSO AVAILABLE AT: SHIKHARIPURA, SHIVAMOGGA – 577 201.
4. SHANKAR AGED 64 YEARS, S/O BASAPPA, UPPALLI, CHIKKAMAGALURU DISTRICT – 577 101.
…PETITIONERS (BY SMT. SHWETHA ANAND, ADVOCATE) AND:
1. STATE BY POLICE INSPECTOR, MAHILA POLICE STATION – I, BASAVANAGUDI, BENGALURU – 560 070.
2. MANASA C.B., AGED ABOUT 32 YEARS, D/O BASAVARAJU K.M., VINAYAKA NAGARA, KOTE, CHIKKAMAGALUR – 577 101. KARNATAKA.
NO.72, 2ND MAIN, MANJUNATHANAGAR, ITTAMADU, BENGALURU – 560 085.
ALSO AT:
NO.102, 1ST FLOOR, 11B 3RD CROSS ROAD, THIMAPPA REDDY LAYOUT, BANNERGHATTA ROAD, BANGALORE – 560 076.
...RESPONDENTS (BY SHRI B.RAMESH, ADVOCATE FOR R2; SMT K.P.YASHODHA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO 1.QUASH THE PROCEEDINGS IN C.C.NO.6684/2019 IN CR.NO.39/2018 REGISTERED BY THE BASAVANAGUDI WOMEN P.S., FOR THE OFFENCE P/U/S 498A AND 506 CODE OF CRL.PROCEDURE, R/W SECTION 34 OF IPC AND SECTION 3 AND 4 OF THE D.P. ACT, PENDING ON THE FILE OF THE 2ND A.C.M.M., COURT, NRUPATHUNGA ROAD, BENGALURU CITY, PRODUCED VIDE ANNEXURE – C AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner No.1 is husband of respondent No.2 and petitioners No.2 & 3 are his parents. Respondent No.2 initiated proceedings under Sections 498-A and 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 against petitioners and the same are pending in C.C.No.6684/2019 (Crime No.39/2018) pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru.
2. Heard Smt. Shwetha Anand, learned advocate for the petitioners and Smt. K.P.Yashodha, learned HCGP for respondent No.1-State and Shri B.Ramesh, learned advocate for respondent No.2.
3. Learned advocates for the petitioners and respondent No.2 jointly submit that the parties have settled the matrimonial dispute amicably before the Bengaluru Mediation Centre and filed a memorandum of settlement in M.C.No.482/2018. As per clause 10 of the said settlement, parties have agreed that second respondent-wife would co-operate for quashing of proceedings in C.C.No.6684/2019 pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru.
Accordingly, parties have filed a Joint Affidavit dated 03.07.2019 in this petition, duly signed by the petitioners, respondent No.2 and their respective advocates, stating that they have resolved the matrimonial dispute in M.C.No.482/2018, whereby the marriage has been dissolved and prays to quash the proceedings in C.C.No.6684/2019. They pray that this petition be disposed of in terms of the said Joint Affidavit.
4. Petitioner Nos.1 and 3 and respondent No.2 are present and identified by their respective advocates. Petitioner No.2 is said to be unwell and she is permitted to be represented by her advocate. They admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
“JOINT AFFIDAVIT I, Abhishek G.C., aged about 33 years, S/o. Channabasavaswamy, hereby authorized by other Petitioners herein; and Smt. Manasa aged about 31 years, D/o Basavaraju K.M., the Respondent No.2 hereinabove, residing at the addresses shown in the cause title, do hereby solemnly affirm and state on oath as follows:
1. The Petitioners bear no grudge or hatred towards the Respondent No.2 and the Respondent No.2 is also happily placed with their families and both the Petitioner No.1 and Respondent No.2 undertake to live in their lives without any dispute in the future too;
2. Even though there was a Complaint and the Petitioner Nos.1 to 4 have been enlarged on bail, the Petitioner No.1 and the Respondent No.2 have settled their dispute amicably before the Mediation Center in a proceeding initiated by the Petitioner No.1 in M.C.No.482/2018 seeking for dissolution of marriage U/s 13(i-a) of the Hindu Marriage Act. The family court based on the settlement arrived by and between the parties was pleased to pass judgment and decree on 04.10.2018. Unfortunately, even though the couple are separated, Petitioner No.1 and the Respondent No.2 are not living together without any complaint against each other, the case is still pending and is an ongoing process. The copies of the Memorandum of settlement, Judgment and Decree dated:04.10.2018 passed by the II Addl. Principal Judge, Family Court, Bangalore in M.C.No.482/2018 are annexed and marked as Annexures-C, D & E respectively along with the Memorandum of Criminal Petition. We, therefore pray that this Hon’ble Court be pleased to :
i. quash the FIR Quash the proceedings in Crime No.39/2018 for the offence punishable u/s 498(A) and 506 of the Cr.P.C. r/w Section 34 of the IPC and Sections 3, 4 & 6 of the DP Act on 05-10-
2009 09.04.2018 pending on the file of 2nd Addl. CMM Court, Nrupathunga Road, Bangalore City in C.C.No.6684/2019;
ii. Consequently, quash the FIR filed by the Respondent No.2 against all the Petitioners in Crime No.39/2018 for the offence punishable u/s 498(A) and 506 of the Cr.P.C. r/w Section 34 of the IPC and Sections 3, 4 & 6 of the DP Act filed on 09.04.2018; and the Charge sheet filed by Respondent No.1 in the proceedings pending before the 2nd Addl. CMM Court, Nrupathunga Road, Bangalore City in C.C.No.6684/2019.
iii. Pass any other order or orders in the interest of parties”.
5. The criminal proceedings under Sections 498-A and 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act have stemmed out of matrimonial dispute between the parties. Parties have settled the matrimonial dispute amicably. In the circumstances, no useful purpose would be served by continuing the criminal proceedings. Therefore, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C.No.6684/2019 (Crime No.39/2018) on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
6. Petition is accordingly disposed of. No costs.
Sd/- JUDGE PB