IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.19576 OF 2015(GM-RES) BETWEEN:
DR MOHAN KUMAR T S S/O K SHIVASWAMY, AGE:42 YEARS, R/O NO.5, CALYPSO BAY VILLAS, FRIGATE BAY, ST.KITTS, WEST INDIES, PRESENTLY RESIDING AT NO.27/1, THUMBALA VILLAGE, KASABA HOBLI, T NARASIPUA TALUK, MYSURU-570023. ... PETITIONER (BY SMT : VIJETHA R NAIK, ADVOCATE) AND:
1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, NO.201 I FLOOR, PATIALA HOUSE ANNEXE, NEW DELHI-110001.
2. THE REGIONAL PASSPORT OFFICER MINISTRY OF EXTERNAL AFFAIRS REGIONAL PASSPORT OFFICE 80 FT RAOD, 8TH BLOCK, KORAMANGALA, BANGALORE-560 095.
3. CHIEF IMMIGRATION OFFICER, BUREAU OF IMMIGRATION, BANGALORE INTERNATIONAL AIRPORT, DEVANAHALLI, BENGALURU-300.
4. OFFICE OF THE ASSISTANT DIRECTOR BUREAU OF IMMIGRATION, BANGALORE INTERNATIONAL AIRPORT, DEVANAHALLI, BENGALURU-300.
5. THE STATION HOUSE OFFICER, BANGALORE INTERNATIONAL AIRPORT POLICE STATION, DEVANAHALLI, BENGALURU-300.
6. THE STATION HOUSE OFFICER, WOMEN POLICE STATION, MYSURU.
7. DR. PINAKINI K SHANKAR, W/O MOHAN KUMAR T S AGED ABOUT 41 YEARS, PROFESSOR AT UNIVERSITY OF MEDICINE, HEALTH SCIENCE RESIDENT OF NO.42, CALYPSO CALYPSO BAY, ST. KITTS, WEST INDIES ALSO AT NO.404, 78/2, RAGHAVA RESIDENCY, BASAVESHNAGAR, BANGALORE-560 079.
... RESPONDENTS (BY SRI: L.HARISH KUMAR, CGC FOR R1 TO R4 SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R5 & R6 SRI: M.V. VEDACHALA, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE PRIVATE COMPLAINT NO. 13/2012 DATED 12.4.2012 FILED BY THE R-7 VIDE ANN-A, QUASH THE ORDER DATED 30.3.2013 PASSED BY THE LEARNED 4TH ADDL. CIVIL JUDGE [SR.DN.] AND JMFC, MYSURU TAKING COGNIZANCE AGAINST THE PETITIONER VIDE ANN-D IN CC 94/13, QUASH THE ORDER DATED 7.5.2014 PASSED BY THE LEARNED 4TH ADDL. CIVIL JUDGE [SR.DN.] AND JMFC, MYSURU VIDE ANN-F IN C.C. NO. 94/2013 DIRECTING THE IMMIGRATION AUTHORITY [BANGALORE INTERNATIONAL AIRPORT] PREVENTING THE PETITIONER HAVING HIS PASSPORT BEARING NO. E3423400 AND LEAVING THE COUNTRY, QUASH THE LOOKOUT CIRCULAR BEARING NO. 2014407788, ISSUED BY THE IMMIGRATION AUTHORITY [3RD AND 4TH RESPONDENTS] AGAINST THE PETITIONER, QUASH CONDITION NO. 3 DATED 24.4.2015 PASSED BY THE LEARNED 4TH ADDL. CIVIL JUDGE [SR.DN.] AND JMFC, MYSURU IN CC NO.94/2013 DIRECTING THE PETITIONER TO SURRENDER HIS PASSPORT BEFORE THE COURT VIDE ANN-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner,0 Dr. Mohan Kumar T.S. and his counsel Sri. P. Chandrashekar, representing Smt. Vijetha R. Naik are present.
Respondent No.7 Dr. Pinakini K. Shankar and her counsel Sri. M.V. Vedachala are present.
Respondent Nos.1 to 4 are not present.
On behalf of respondent Nos.5 and 6, Sri. I.S. Prmoad Chandra, learned SPP-II is present.
2. Petitioner and respondent No.7 have presented an application I.A.No.1/2019 under Section 320 of Cr.P.C. seeking leave of this Court to compound the offences alleged against the petitioner.
3. Based on the complaint lodged by respondent No.7, the trial court has taken cognizance of the offences punishable under sections 498A and 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. At that stage, the petitioner has invoked the jurisdiction of this Court under Section 482 Cr.P.C.
4. In the application, it is stated that the parties, at the intervention of the family members, friends and well wishers have resolved their disputes amicably and in terms thereof, respondent No.7 has withdrawn all the allegations made against the petitioner. The application is duly signed by the petitioner and respondent No.7 and their respective counsels. Petitioner and respondent No.7 submit that the averments made in the application are true and correct and the terms of the compromise, have duly been acted upon and submit that the said settlement is entered into without any force or coercion. Respondent No.7 further submits that in view of the aforesaid compromise, she has withdrawn all the allegations made against the petitioner leading to the registration of the above case.
5. The submissions of the petitioner and respondent No.7 is placed on record.
6. Respondent Nos.1 to 4 are made parties to the proceedings solely for the reason that look out summons was issued to the petitioner and the passport of the petitioner was seized. They are formal parties and hence their personal presence is dispensed with.
Accordingly, the application I.A.No.1/2019 is allowed. The petitioner and respondent No.7 are permitted to compound the offences. In terms of the above settlement, the petition is allowed. The proceedings initiated against the petitioners presently pending on the file of IV Addl. Civil Judge(Sr.Dn.) and JMFC, Mysuru in C.C.No.94/2013 for the offences punishable under sections 498A, 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act are hereby quashed.
Sd/- JUDGE *mn/-