IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.12849 OF 2019 (GM-RES) Between:
Mr. Ananda Theertha .R S/o late M.N. Raghurama, Aged about 32 years, R/at No.68, “Srinivasa”, 2nd Main, 2nd Cross, KPSC Layout, Jnanabharathi 2nd Stage, Bengaluru – 560 056. …Petitioner (By Sri. M.S. Shyamsundar, Advocate) And:
1. The State of Karnataka By Basawanagudi Women Police Station, Represented by HCGP, Bengaluru – 560 001.
2. Smt. Smitha D.S.
W/o Ananda Theertha, D/o Shri. Srinatha, Aged about 26 years, R/at No.1690, 5th A Cross, 2nd Block, Banashankari 1st Stage, Bengaluru – 560 050. …Respondents (By Smt. K.P. Yashodha, HCGP for R1; Sri. B.R. Raghavendra, Advocate for Sri. S.N. Bhat, Advocate for R2) This Writ Petition is filed under Articles 226 and 227 of Constitution of India read with Section 482 of Code of Criminal Procedure, praying to quash the final report/charge sheet in C.C. No.31223/2018 of respondent Police Station (vide Annexure-A), which is received by the learned Magistrate on 15.10.2018 imputing the petitioner herein for the offence punishable under Section 498 (A) of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act and etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
ORDER In the instant petition, petitioner has prayed for the following reliefs:
“a) Issue and appropriate writ or order or direction quashing the Final Report/Charge Sheet in C.C. No.31223/2018 of respondent Police Station (vide Annexure- A), which is received by the learned Magistrate on 15.10.2018 imputing the petitioner herein for the offence punishable under Section 498 (A) of Indian Penal Code and Sec 3 and 4 of Dowry Prohibition Act;
b) Issue and appropriate writ or order or direction quashing the order of the learned Magistrate taking cognizance dated 27.11.2018 of the alleged offence punishable under Section 498A of IPC and Sec. 3 and 4 of Domestic Violence Act against the petitioner and registering the case in C.C. No.31223/2018 (vide Annexure-B) presently pending on the file of the learned 2nd Additional Chief Metropolitan Magistrate, Bengaluru City, Bengaluru and quash all further proceedings thereof;
c) Pass/issue such other needy directions/orders in favour of the petitioner under the circumstances of the case in the interest of justice and equity.”
2. Petitioner and respondent No.2 solemnized their marriage on 28.03.2016 at Sri. Gurunarasimha Kalyana Mantapa, Bull Temple Road, Bengaluru as per Hindu rites and customs. Their marriage was registered before the Registrar of Marriages, Basavangudi, Bengaluru on 11.04.2016. There were certain differences and incompatibilities of temperaments among petitioner and respondent No.2. Thus, they have decided to leave separately from 25.12.2016.
3. Arising out of differences among them, respondent No.2-Smt. Smitha D.S. initiated proceedings under Section 498-A of IPC against the petitioner and it was registered in C.C. No.31223/2018 pending on the file of 2nd Additional Chief Metropolitan Magistrate Court, Bengaluru. Petitioner and respondent No.2 have filed mutual divorce petition before the Family Court in M.C. No.4815/2018.
4. During the pendency of these proceedings, petitioner and respondent No.2 have entered into a settlement and filed a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 on 12.03.2019. Such memorandum of settlement was placed in M.C. No.4815/2018. Based on the settlement, the Court below proceeded to pass a decree dissolving the marriage, which reads as under: -
“Petition is disposed off in terms of the settlement entered between the Petitioners 1 and 2 before mediation center, Bangalore.
The marriage between the petitioner No.1 and No.2 solemnized on 28.03.2016 at Sri. Guru Narasimha Kalyana Mantapa, Bull Temple Road, Basavanagudi, Bengaluru and cancel the marriage certificate registered before the Registrar of Marriages, Basavanagudi, Bengaluru vide Certificate No.BSG-HM28-2016-17 on 11.04.2016 and stored in C.D. No.BSGM54, is dissolved by granting decree of divorce by mutual consent.
It is further ordered that the Memorandum of Settlement shall form part of the decree.
It is further ordered and decreed that there shall be no order as to costs.”
5. In view of the aforesaid development, learned counsel for the petitioner filed a memo along with memorandum of settlement and decree passed in M.C. No.4815/2018 to quash the final report/charge sheet in C.C. No.31223/2018 (Annexure-A) and further taking cognizance by the Magistrate dated 27.11.2018 (Annexure-B).
6. Respondent No.2 has not disputed the memorandum of settlement dated 12.03.2019 and decree dated 12.03.2019 passed in M.C. No.4815/2018. That apart, in paragraph No.6 of the settlement, parties have stated as under:
“6. The 1st petitioner has agreed that she has filed a criminal case against the 2nd petitioner under Section 498-A of IPC and the same is registered in C.C. No.31223/2018 pending on the file of II Addl. Chief Metropolitan Magistrate Court, Bengaluru and now in view of this settlement she has further agreed to withdraw the case. The 2nd petitioner has agreed that in case the permission is not granted by the Court he has agreed to file a criminal petition before Hon’ble High Court of Karnataka, Bengaluru to quash the said case and in such event the 1st petitioner has agreed to cooperate with him to see that the said case is quashed.”
7. In view of these facts and circumstances, petition stands allowed. Final Report/Charge Sheet in C.C. No.31223/2018 filed by respondent-Police dated 15.10.2018 vide Annexure-A and taking cognizance dated 27.11.2018 vide Annexure-B are hereby quashed.
Accordingly, writ petition stands allowed.
Sd/- JUDGE MBM