IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRIMINAL PETITION NO.7952 OF 2019 BETWEEN:
MR.K.P.MANJUNATH S/O.K.H.PRASAD NAIDU AGED ABOUT 35 YEARS R/AT TFI HULIMAVU MAIN ROAD NEAR POST OFFICE BENGALURU-560 085 (BY SMT.BHUSHANI KUMAR, ADV.) AND:
1. STATE OF KARNATAKA BY SUBRAMANYAPURA PS REP. BY APP, HIGH COURT BUILDINGS BANGALORE-560 009 2. SMT.ASHWINI D.R. D/O.D.RAJENDRA NAIDU AGED ABOUT 30 YEARS R/AT NO.12/1, DR COMPLEX 5TH FLOOR, UTTARAHALLI MAIN ROAD BENGALURU-560 061 (BY SMT.K.P.YASHODHA, HCGP) ... PETITIONER ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C PRAYING TO QUASH THE COMPLAINT, FIR IN CR.NO.105/2019 REGISTERED BY SUBRAMANYAPURA POLICE, FOR THE OFFENCE P/U/S 498-A OF IPC AND SEC.3 AND 4 DOWRY PROHIBITION ACT REGISTERED AGAINST THE PETITIONER AND OTHER PENDING ON THE FILE OF THE HON’BLE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU CITY, WHICH IS PRODUCED HEREWITH AS ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner and 2nd respondent are before this Court.
2. The petitioner and 2nd respondent are husband and wife. The parties are identified by their respective counsels. It is submitted by the learned counsel for the parties that the parties have amicably settled the issue and the marriage between the parties has been dissolved in M.C. No.2268/2019 on the file of Principal Judge, Family Court, Bengaluru, by a decree of divorce dated 16.10.2019. That as per the terms of the consent divorce, the parties have adhered to the terms of consent divorce.
3. Today the parties have filed affidavit which reads as under:
“I, Mr.K.P.Manjunath, S/o.K.H.Prasad Naidu, Aged about 35 years, R/at, TFI Hulimavu Main Road, Near Post Office, Bengaluru-560085, and Smt.Ashwini D.R., D/o.Rajendra Naidu, Aged about 30 years, R/at No.12/1, Dr Complex, 5th Floor, Uttarahalli Main Road, Bengaluru-560 061, do hereby solemnly affirm on oath and state as follows:
1. We submit that we are the Petitioner and the Respondent No.2 respectively in the above matter and we are well conversant with the facts of the case.
2. We submit that we have amicably settled the matter before the Hon’ble VI Addl. Family Court at Bangalore in M.C.No.2268/2019 on the following terms and conditions mentioned below:
a. The Petitioner has agreed to pay the Respondent No.2 a total amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs only). Out of which towards the maintenance of the child Kumari. Shanvika M. Rs.15,00,000/- and towards the permanent alimony of the Respondent No.2 herein Rs.10,00,000/- towards past, present or future and in full and final settlement of all her claims.
b. The Petitioner herein handed over the D.D. bearing No.967360, dated: 14.10.2019 drawn on Corporation Bank, Arekere Gate Branch, Bengaluru for Rs.15,00,000/- in the name of minor daughter Kumari, Shanvika towards the child maintenance. And Another D.D. bearing No.053762 dated: 14.10.2019 drawn on Corporation Bank, Electronic City Branch, Bengaluru for Rs.5,00,000/- (Rupees Five Lakh only)
c. The balance of Rs.5,00,000/- (Rupees Five Lakh only) vide D.D. No.967367, Dated: 15.10.2019 drawn on corporation Bank, Arekere Gate Branch, Bengaluru shall be handed over to the 2nd Respondent No.2 herein at the time of passing the order of quashing Crime No. 105/2019, Subramanyapura Police Station, Bengaluru before the Hon’ble High Court of Karnataka.
d. The Respondent No.2 assures the Petitioner herein that she shall co- operate for quashing/closure of Crime No.105/2019 before the Subramanyapura Police Station before the Hon’ble High Court of Karnataka, which was lodged by the Respondent No.2 herein against the Petitioner herein, his family members and a friend.
e. The Hon’ble Family Court allowed the Petition in M.C.No. 2268/2019 in terms of the Mediation report and dissolved the marriage between the Petitioner and the 2nd Respondent.
ii) We submit that the first of is giving and the 2nd of us has agreed to receive the balance amount of Rs.5,00,000/- (Rupees Five Lakh only) vide D.D.No.967367, Dated: 15.10.2019 drawn on Corporation Bank, Arekere Gate Brnach, Bengaluru.
iii) We submit that we hereby confirm and declare that all the disputes and differences between us have been settled and that none of us have any further or other claim or demand of any nature whatsoever against each other.
iv) We submit that we have signed this Joint affidavit out of our free consent and without any duress, coercion and we have assured each other that we shall not have any claims whatsoever, in future against each other.
v) We submit that in view of the above mentioned terms and conditions, the Respondent No.2 has no objection for this Criminal Petition being allowed as prayed for, by the Petitioner in the interest of justice.
Whatever is stated above is true and correct to the best of our knowledge, information and belief.
Place: Bangalore Date: 20.11.2019 Identified by me Sd/- Sd/-
Advocate Deponents 4. There is no dispute with regard to the fact that no heinous crime has been committed nor is there any act of violence involved. In view of the above, it is held in the case of Gian Singh Vs State of Punjab and another reported AIR 2012 SCC 303 in that the offence punishable under Section 498A are compoundable. In light of the fact that, no purpose would be served in further prosecuting the matter as the prosecutrix itself has shifted her stand and further, keeping in view the age of the parties, this Court is of the considered opinion that it is appropriate to give a quietus to the litigation amongst the parties, it would be just and necessary to put an end to the litigation, as the same would enable the parties to move ahead in their respective lives. Hence, the affidavit is taken on record.
5. Petition is allowed. Complaint, FIR in Crime No.105/2019 registered by Subramanyapura Police for the offences punishable under Section 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act against the petitioner and others pending on the file of II Addl. Chief Metropolitan Magistrate Court, Bangalore City is hereby quashed.
Sd/- JUDGE BS