IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07th DAY OF JANUARY 2019 BEFORE THE HON’BLE Mr. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.60/2019 BETWEEN:
1. Akara Kaviyarasan S/o Emayavaramban Aged about 40 years 2. Emayavaramban S/o Chinnathambi Aged 65 years 3. Smt.Susheela W/o Emayavaramban Aged about 60 years All are R/o No.2/221. Annasalai, 1st Road, Kailasanagar, Elkudi, Pappakuruchi, Katturu, Thiruchinapalli-620001 Tamilnadu State.
4. Kassaiyya Kajendran S/o Kassaiyya Aged about 48 years 5. Akara Pavaiarasi S/o Kassaiyya Kajendran Aged about 23 years Both are R/o Karaikudi Kiliyur, Valangaiman-612804 Tamilnadu State.
...Petitioners (By Sri.G.V.Elavarasu, Advocate for Sri.A.Hanumanthappa, Advocate) AND:
1. Smt. Anuradha W/o Akara Kaviyarasam Aged about 35 years R/o at No.413, 3 ‘F’ Cross, NGEF, Ram Murthy Nagara, Near Police Station, Bangalore-560 016.
2. The State of Karnataka Through Station House Officer Ram Murthy Nagara Police Station Bangalore City.
Rep. by SPP, High Court Building, Bangalore-560 001.
...Respondents (By Sri.P.Suresh, Advocate for R1, Sri. S.Rachaiah, HCGP for R2) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the proceedings in C.C.No.56400/2016 on the file of X ACMM Court, Mayo Hall Unit, Bangalore, for the offence punishable under Section 498-A and 506 r/w 34 of IPC.
This Criminal Petition coming on for Admission this day, the Court made the following:-
ORDER Heard Sri G.V.Elavarasu, learned advocate for the petitioners and Sri.P.Suresh, learned advocate for Respondent No.1 and Sri S. Rachaiah, learned HCGP for the State.
2. Respondent No.1 is wife of Petitioner No.1. She filed FIR No.98/2015 on 11.02.2015 in Ramamurthy Nagar Police Station alleging the commission of offences punishable under Sections 498-A and 506 r/w 34 of IPC. After investigation, police filed the charge sheet in C.C.No.56400/2016, which is pending on the file of 10th A.C.M.M., Mayo Hall, Bangalore.
3. Learned Advocates for the Petitioners and 2nd Respondent jointly submit that the parties have settled the matrimonial dispute amicably before the Bengaluru Mediation Centre and filed a Memorandum of Settlement under Section 89 of CPC in M.C.No.3/2017 c/w G & W.C.No.83/2016 before the I Additional Principal Family Court, Bangalore. As per Clause-13(ii) of the said Settlement, parties have agreed that Respondent No.2-wife would cooperate for quashing of proceedings in C.C.No.56400/2016, which is the subject matter of this petition. Accordingly, they have filed a Joint Affidavit of even date in this petition, duly signed by the Petitioners, Respondent No.2 and their respective Advocates with a prayer to quash the proceedings in C.C.No.56400/2016 pending on the file of 10th A.C.M.M, Bangalore. They pray that this petition be disposed of in terms of the said Joint Affidavit.
4. Petitioner No.1-Husband and Respondent No.2- Wife 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 WE, (1) Sri. E. Akarakaviyarasan S/o Emayavaramban, aged about 40 years, R/o No.2/221, Annasalai, 1st Road, Kailasanagar, Elkudi, Pappakuruchi, Katturu, Thiruchanapalli – 620001, Tamil Nadu State, today at Bangalore and (2) Smt.Anuradha w/o Akara Kaviyarasan, Aged about 35 years, R/o at No.413, 3 F Cross, NGEF, Ram Murthy Nagara, near Police Station, Bangalore- 560 016, do hereby declare and state as follows:-
1. The Petitioner No.1 is the husband and Petitioner Nos. 2 to 4 are in-laws and Respondent No.1 is the wife.
2. The Respondent No.1 wife initiated proceedings under Section 498-A and 506 r/w 34 of IPC. The Petitioner No.1 filed a matrimonial case in M.C.No.3/2017 on the file of 1st Addl. Prl.Judge, Family Court, Bangalore, seeking dissolution of marriage.
3. Both parties submit that they have settled the matter in M.C.No.3/2017 before the medication centre. (sic)! 4. Both the parties that they have no claims of maintenance/permanent alimony against each other as such both of them are gainfully employed. (sic)! 5. The respondent No.1 submit that she has agreed to co-operate in quashing of the proceedings in C.C.No.56400/2016 on the file of 10th ACMM, Mayohall Unit, Bangalore and has no objection to quash the said proceedings.
6. In view of this settlement, we pray for quashing of the proceedings in C.C.No.56400/2016 pending on the file of 10th ACMM, Mayo Hall Unit, Bangalore”.
5. The criminal proceedings under Section 498-A of IPC 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.56400/2016 on the file of 10th ACMM, Mayo Hall, Bengaluru, are quashed.
6. Petition is accordingly disposed of. No costs.
Sd/- JUDGE Srl.