IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.644 OF 2017 BETWEEN:
M.S. Raghu, Aged about 32 years, S/o Srinivasan, R/at No.27, 2nd Main Road, Bamboo Bazar, Mysuru – 570 021 …Petitioner (By Sri.P. Nataraju, Advocate) AND:
1. State of Karnataka, By Mahila Police, Mysore, Represented by State Public Prosecutor, High Court Building, Bangalore – 560 001.
2. Smt. Priyanka, Aged about 29 years, D/o N. Nataraju, R/at No.173, 12th Main, 22nd Cross Road, ‘D’ Block, J.P. Nagar, Mysuru – 570 008. …Respondents (By Sri. K. Nageshwarappa, HCGP for R-1 Sri.P. Rudrappa, Advocate for R-2) This Criminal Petition is filed under Section-482 of Cr.P.C. praying to quash the proceedings in C.C.No.195/2013 pending on the file of IV Addl. Sr. C.J. and J.M.F.C. Mysore and etc., This criminal petition coming on for Orders this day, the Court made the following:
ORDER The respondent No.2 has a filed complaint against the petitioner and others which was registered as Crime No.80/2012 for the offences punishable under Sections 498- A, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. On conclusion of investigation, charge sheet came to be filed against the petitioner. Petitioner has been enlarged on bail and he is seeking for quashing of the proceedings on the ground that matter is settled between parties. Petitioner and respondent No.2 are husband and wife and M.C.No.373/2015 was pending before Family Court, Mysore, whereunder had sought for dissolution of marriage. In said proceedings, a compromise petition has been filed. In these proceedings, notice came to be issued to respondent No.2-complainant and pursuant to same, she has appeared before this Court and has admitted the contents of Compromise Petition namely, the memorandum of agreement signed by petitioner and herself (respondent No.2 herein) before the Mediation Center, Mysore in M.C.No.373/2015. She also submits that in full and final settlement of her claim, towards permanent alimony and maintenance of her child, she has received a sum of Rs.15 Lakhs from petitioner. Respondent No.2 present before the court submits that out of her free will and volition and without any force, threat or coercion, she had entered into the compromise with petitioner and accordingly, agreement was signed before the Mediation Center. Records would also disclose that said settlement entered into between the parties came to be accepted by the Jurisdictional Family Court in M.C.No.373/2015 and marriage between petitioner and respondent No.2 came to be dissolved.
3. Respondent No.2 has been identified by her learned counsel, Sri.P. Rudrappa, who states to have filed vakalathnama today in the registry and acknowledgement is perused by this Court. Respondent No.2 has also filed a memo enclosing her identity card issued by the Government of India which is duly signed by her and her advocate also. Respondent No.2 also submits that she has no further claims against the petitioner.
4. In the light of aforestated facts and keeping in mind the judgment of Apex Court in the case of Gian Singh V/s State of Punjab, reported in (2012) 10 SCC 303, this court is of considered view that continuation of criminal proceedings against the petitioner would not sub-serve the ends of justice and as such proceedings deserves to be quashed.
5. Hence, accepting the compromise petition filed by the parties, this Court proceeds to pass the following:
ORDER i) Criminal petition is hereby allowed.
ii) Proceedings in CC.No.195/2013 pending on the file of IV Additional Senior Civil Judge and J.M.F.C, Mysore, is hereby quashed.
In view of the disposal of the main petition, I.A.1/17 does not survive for consideration and it is hereby rejected.
Sd/- JUDGE SB