IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4382 OF 2016 BETWEEN:
B.C. DAYANAND S/O LATE CHIKKA MARI GOWDA AGED ABOUT 34 YEARS, R/A NO.46/20, 3RD MAIN, 4TH CROSS, NEAR WEBSTER SCHOOL BANASHANKARI III STAGE, ITTAMADU BENGALURU-560085.
(BY SRI:H.V.KRISHNAMURTHY, ADVOCATE FOR SRI: H.P.LEELADHAR, ADVOCATE) AND:
1. STATE OF KARNATAKA BY CHENNAMMANAKERE ACHAKATTU POLICE STATION BENGALURU-560085.
2. MRS. MADHUMALA.R. W/O B.C. DAYANAND AGED 30 YEARS, R/A 41, MARUTHI NILAYA KAVERI NAGAR, …. PETITIONER KATHARAGUPPE MAIN ROAD, BANASHANKARI III STAGE, BENGALURU-560085.
…RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: M.R.BALAKRISHNA, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 CRPC PRAYING TO QUASH THE ORDERS DATED 24.4.2015 PASSED BY THE II A.C.M.M., BENGALURU IN C.C.NO.11113/2015 TAKING COGNIZANCE AGAINST THE PETITIONER UNDER SECTIONS 498A AND 324 OF IPC R/W 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner- Sri. Dayananda B.C., and his counsel Sri. H.V. Krishnamurthy, for Sri. H.P. Leeladhar, Advocate; Respondent No.2- Ms. Madhumala. R and her counsel Sri. M.R. Balakrishan and Sri. Vijayakumar Majage, learned Addl. SPP for respondent No.1-State are present.
2. This petition is filed under section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.11113/2015 for the offences punishable under sections 498A, 324 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
3. Petitioner and respondent No.2 have presented an application under section 320(1) of Cr.P.C. seeking leave of the court to compound the above offences. Petition is duly signed by the petitioner and respondent No.2 and their respective counsels. In the petition, it is stated that at the intervention of elders and well-wishers of family of the petitioner and respondent No.2, they have compromised their disputes and in terms thereof, second respondent has agreed to receive in all a sum of Rs.15,50,000/- towards permanent alimony. Out of the said amount, a sum of Rs.7,75,000/- was received by the second respondent by way of Demand Draft bearing No.515285 dated 05.07.2019 for Rs.4,75,000/- and another Demand draft bearing No.521166 dated 8.07.2019 for Rs.3,00,000/-, receipt of which amount, respondent No.2 admits and acknowledges and the balance amount of Rs.7,75,000/- is agreed to be paid by the petitioner by way of demand draft while reporting settlement in M.C.No.*2060/2015. The demand drafts of Rs.7,75,000/- is *Corrected vide Court Order dated 20.9.2019 handed over by the petitioner to the second respondent in open court. Second respondent admits and acknowledges the same. Respondent No.2 further submits that the averments made in the application are true and voluntary and in terms of the above compromise, she has withdrawn all the allegations made in the petition and requests the court to quash the proceedings initiated against the petitioner in terms of the above settlement.
Copy of the settlement arrived at between the parties in the Bangalore Mediation Centre, Bangalore as reflected in the Memorandum of Settlement dated 01.07.2019 is produced before the Court.
Having considered the nature of allegations made against the petitioner and in view of settlement as stated above, no purpose would be served in continuing the proceedings against the petitioner. The parties are permitted to compound the offences in terms of the above settlement.
Accordingly, the petition is allowed. The proceedings pending against the petitioner in C.C.No.11113/2015 on the file of learned II Adldl. CMM, Bengaluru for the offences under sections 498A, 324 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act are quashed.
In view of disposal of the main matter, I.A.NO.1/17 for stay does not survive for consideration. Accordingly, it is disposed of.
Sd/- JUDGE *mn/-