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.4688 OF 2018 BETWEEN:
AJAY KALKOTI, AGED ABOUT 35 YEARS, S/O SOMESHWARA KALKOTI, RESIDING AT NO.52, 7TH ‘B’ MAIN ROAD, 1ST ‘I’ CROSS, SHARADA COLONY, BASAVESHWARANAGAR, BANGALORE – 560 079.
(BY SHRI K.S.BHEEMAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY SUBRAMANYAPURA POLICE STATION, SUBRAMANYAPURA, BANGALORE – 560 061.
2. SMT. VANISHREE C.C., W/O AJAY KALKOTI, AGED ABOUT 29 YEARS, …PETITIONER D/O C.V.CHANNAMALLIKARJUNA, RESIDING AT NO.6/2, 1ST FLOOR, HARSHA PARADISE, 6TH FLOOR, BRUNDAVAN LAYOUT, PADMANABHANAGARA, BANGALORE – 560 061.
(BY SMT. K.P.YASHODHA, HCGP FOR R1;
...RESPONDENTS SHRI T.C.MALLIKARJUNASWAMY, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.150/2017 OF THE SUBRAMANYAPURA POLICE STATION PENDING ON THE FILE OF THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE IN C.C.NO.4114/2018 FOR THE OFFENCES P/U/S 498(A) OF IPC, 1860 READ WITH SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner No.1 is husband of respondent No.2. Respondent No.2 initiated proceedings under Sections 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 against petitioner and the same are pending in C.C.No.4114/2018 (Crime No.150/2017) pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru.
2. Heard Shri K.S.Bheemaiah, learned advocate for the petitioner and Smt. K.P.Yashodha, learned HCGP for respondent No.1-State and Shri T.C.Mallikarjunaswamy, learned advocate for respondent No.2.
3. Learned advocates for the petitioner 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.3343/2017. As per clause 6 of the said settlement, parties have agreed that second respondent-wife would co-operate for quashing of proceedings in C.C.No.4114/2018 pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru. Accordingly, parties have filed a Joint Affidavit of even date in this petition, duly signed by the petitioner, respondent No.2 and their respective advocates, stating that they have resolved the matrimonial dispute in M.C.No.3343/2017 and prays to quash the proceedings in C.C.No.4114/2018. They pray that this petition be disposed of in terms of the said Joint Affidavit.
4. The petitioner and respondent No.2 are present and identified by their respective advocates. 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 OF THE PETITIONER AND THE RESPONDENT NO.2 We, 1)AJAY KALKOTI aged about 35 Years, S/o. Sri. Someshwara Kalkoti, Residing at No.52, 7th ‘B’ Main Road, 1st ‘I’ Cross, Sharada Colony, Basaveshwaranagar, Bangalore – 560 079, and 2). Smt. Vanishree.C.C, aged about 29 years, D/o Sri C.V.Channamallikarjuna, Residing at No.14, 1st Cross, Ashwath Katte Road, Near Ganesh Temple, Chikkallasandra, Bangalore – 560 061, jointly do hereby solemnly affirm and state on oath as follows:
1. We state that, we both are Hindus, our marriage was solemnized on 08.09.2011, herein Bangalore as per Hindu rites and customs. We further state that our marriage was registered before the Registrar of Marriage, Banashankari, Bangalore, on 07.07.2012. We further state that we have no issues out of our wed lock.
2. We state that, due to irreconcilable differences and incompatibility of temperaments, we both of us living separately from 10.12.2016. However, I being the Deponent No.1- wife, had filed a criminal case in Crime No.150/2017, against my husband-the Deponent No.1 for the offences 498-A of IPC, R/W Section 3 and 4 of the D.P. Act, before the Subramanyapura Police Station. Accordingly, the Subramanyapura Police-the Respondent No.1 has filed charge sheet against the Deponent No.1-the husband and the said police have filed charge sheet in the said crime number and it became criminal case in C.C.No.4114/2018, which is pending before the II ACMM, Bangalore.
3. We state that, I the Deponent No.1 herein being the husband of the Deponent No.2 has filed a Divorce Petition against my wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and accordingly, the same is numbered as M.C.No.3343/2017. We further state that, I the Deponent No.2 being the wife herein filed a Petition against my husband-the Deponent No.1 under Section 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights, and same was numbered as M.C.No.3799/2007, accordingly, both the Petitions were pending before the I Addl. Principal Family Judge, at Bangalore.
4. We further state that, I the Deponent No.1 being the husband filed the above Petition before this Hon’ble Court for quashing of the criminal case in C.C.No.4114/2018, which is pending before the II ACMM, at Bangalore.
5. We state that the efforts made by the elders, friends and well wishers to resolve the differences between us did not yield any results. That apart there is no chance of a reunion between us. Accordingly, we both of us have decided to get the marriage dissolved by a decree of divorce, and got it referred the Matrimonial cases before the Medication Centre and in the Mediation Centre we have entered into an agreement under Section 89 of CPC, with certain terms and conditions. Accordingly, we both of us have agreed and signed the said agreement and thereafter the same has been accepted by the Hon’ble I Addl. Principal Family Judge, at Bangalore, and accordingly, case in M.C.No.3343/2017, is ended with decree of divorce between us and the M.C.No.3799/2017 withdrawn as not pressed in view of the terms of Agreement entered between us before the Mediation Centre. That apart as per the Mediation Agreement, I the Deponent No.1 being the husband deposited a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs Only) before the I Addl. Principal Family Judge, at Bangalore, towards maintenance/permanent alimony as full and final settlement to the Deponent No.1-the wife.
6. We further state that, as per the agreed terms and conditions, I the Deponent No.2 herein being the wife, I have no objection to quash the case in Crime No.150/2017 and later became C.C.No.4114/2018, which was filed under Section 498-A, of IPC, R/W 3 and 4 of the D.P. Act, which is pending before the II ACMM, at Bangalore.
7. We state that we both of us have entered into an Agreement before the Mediation Centre under Section 89 of CPC without any force, coercion, fraud or undue influence from any person/s and the same is entered into by us, of our free will and volition. The Certified Copy of the Memorandum of Settlement under Section 89 of CPC Read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, entered into between us is herewith produced and annexed to our Joint affidavit.
We further do hereby jointly and verify and declare that, what is stated above are true and correct to the best of our knowledge, information and belief”.
5. The criminal proceedings under Section 498-A 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.4114/2018 (Crime No.150/2017) on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
6. Petition is accordingly disposed of.
In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and the same is also disposed of.
No costs.
Sd/- JUDGE PB