IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.9482/2016 BETWEEN:
1. K.S.GOWTHAM S/O SRI SUNDARAMURTHY AGED ABOUT 36 YEARS, 2. SMT. GEETHA MURTHY W/O SUNDARAMURTHY AGED ABOUT 63 YEARS, BOTH ARE:
RESIDING AT NO.93/E, 15TH MAIN, VIJAYANAGARA, BENGALURU-560040.
3. K.S.CHAYA W/O SRI RAM AGED ABOUT 45 YEARS, RESIDING AT NO.301, ‘A’ BLOCK, BRUNDAVAN APARTMENT, 6TH MAIN ROAD, SAMPIGE LAYOUT, VIJAYA NAGAR, BENGALURU-560079.
(BY SMT. RAMA IYER, ADV.) AND:
1. THE STATE BY VIJAYNAGAR POLICE STATION REPRESENTED BY ITS SPP … PETITIONERS HIGH COURT OF KARNATAKA BENGALURU-560001 2. C.S.GAYATHRI W/O MR. GOTHAM K.S. AGED ABOUT 31 YEARS, NO-7, BALAJI PRASHANTHA, 5TH CROSS, 1ST MAIN, PRASHANTHNAGARA, BANGALORE-560079.
(BY SMT. HAMSA NATRAJ, ADV. FOR … RESPONDENTS SRI SUMANTH L.BHARADWAJ, ADV. FOR R2.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETRS. IN C.C.NO.13455/2015 ARISING OUT OF CR.NO.492/2014 LODGED IN VIJAYANAGAR POLICE STATION AND PENDING ON THE FILE OF XXIV A.C.M.M., BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner, the learned HCGP and the learned Counsel for respondent No.2.
2. The instant petition is preferred under Section 482 Cr.PC praying to quash the proceedings against the petitioners in C.C.No.13455/2015 arising out of Crime No.492/2014. Admittedly, the complaint is registered for the offences punishable under Sections 498A, 504, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act.
3. Petitioner no.1 and respondent no.2 were married on 11.11.2012 in Bhramhasthana Kalyana Mantapa, Mysuru, and the marriage was solemnized as per Hindu customs and rituals and out of the marriage, they have a son by name Pranam Keshav. That on account of the differences that arose between the parties, respondent no.2 got registered a complaint with the jurisdictional police which came to be registered in Crime No.492/2014 and was placed before the XXIV Additional Chief Metropolitan Magistrate, registered as C.C.No.13455/2015. The dispute pertained to domestic issues and is arising out of marital discord. The offences under Section 498A IPC though non- compoundable under Section 320 Cr.PC, in the light of the law laid down by the Apex Court in the case of GIAN SINGH VS STATE OF PUNJAB & ANOTHER – (2012)10 SCC 303, permitted the parties to amicably settle the disputes and has empowered the High Courts to quash the complaints in such cases exercising jurisdiction under Section 482 Cr.PC, having due regard to the nature and gravity of the offences alleged and the societal impact.
4. Apparently, no crime of any heinous nature is alleged against the petitioners who are the accused. Respondent no.2 is present and is identified by her Counsel. The petitioners are also present and are identified by their Counsel.
5. Today, the parties have filed a joint memo signed by the petitioners and respondent no.2 and their respective Counsel. The instant joint memo is preceded by a settlement before the Mediation Centre and the copy of the memorandum of settlement entered Section 89 CPC and Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) rules, 2007, is produced as Annexure-F. In the mediation, under the Memorandum of Settlement, petitioner no.1 and respondent no.2 have agreed to give a quietus to the pending disputes. In that view of the matter, the joint memo is taken on record. The parties also orally affirm the settlement entered amongst the parties. In that view of the matter, no further purpose would be served in allowing the proceedings to be continued before the Trial Court.
6. Accordingly, petition is allowed. Proceedings in C.C.No.13455/2015 pending on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, is quashed. The bail bonds stand cancelled.
Sd/- JUDGE KK CT-HR