IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6275 OF 2017 BETWEEN:
1. M S Ravishankar, S/o M R Swaminathan, Aged about 47 years, No.13, 17th Cross, No.13, 17th Cross, Sri M V Nagar, Ramamurthy Nagar, Bengaluru-560 016.
2. M R Swaminathan, S/o M C Rudrappa, Aged major, No.38, ‘Madhukunj’ 1st cross, East Link Road, Malleshwaram, Bengaluru-560 003.
3. Mrs.Manjula, W/o M R Swaminathan, Major, No.38, ‘Madhukunj’ 1st Cross, East Link Road, Malleshwaram, Bengaluru-560 003.
4. Maria Shyamala, D/o Anthony Das, Aged about 42 years, No.904-B, 1st Stage, Indiranagar, Bengaluru-560 038.
5. Sudharshan, S/o S A Francis Xavier, Aged about 47 years, No.904-B, 1st Stage, Indiranagar, Bengaluru-560 038.
(By Sri K.S.N.Karanth, Advocate) AND:
1. Smt.Veena S P, W/o M S Ravishankar, D/o Parameshwar Aged about 43 years, No.38, 1st Cross, East Link Road, Malleshwaram, Bengaluru-560 003.
2. The State of Karnataka Sheshadripuram Police Represented by:
The State Public Prosecutor High Court Buildings, Bengaluru-560 001.
…Petitioners …Respondents (By Sri.S.T.Naik, HCGP for R2; Sri.Pradeep Somaiah.B.C, for R1).
This Criminal Petition is filed under Section 482 of the code of Criminal Procedure praying to quash the entire proceedings in C.C.No.15092/2011 on the file of VIII Additional C.M.M., Bengaluru for the offence punishable under Section 498(A) and 506 read with 34 of IPC registered pursuant to the complaint lodged by the respondent No.1.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by accused Nos.1 to 5 in C.C.No.15092/2011 for quashing of said proceedings pending on the file of LVI Additional Chief Metropolitan Magistrate, Bengaluru, which has been registered against them for the offences punishable under Section 498A, 506 read with 34 of IPC.
2. Today, both parties have filed a compromise petition whereunder it is reported that in view of settlement arrived at between them in Cr. Misc. No.174/2011 and MFA No.8735/2013(FC) at the intervention of friends, well- wishers, whereunder it is agreed between first respondent- complainant that marital dispute between them had been settled. Hence, first respondent herein has expressed her no objection for quashing of the proceedings initiated by her against petitioners in C.C.No.15092/2011, since their marriage has been dissolved by mutual consent. Said compromise petition is placed on record.
3. First respondent – complainant, who is present before Court submits that out of her own free will and volition, without any threat, force or coercion she has entered into said settlement and she has no claims whatsoever against petitioners and she has already received permanent alimony as agreed to under the settlement in a sum of `60,00,000/. First respondent has stated that she has no objection for quashing the proceedings pending against petitioners before trial Court. Parties who are present before Court are identified by their respective learned Advocates and in token of having identified them, they have also affixed their signatures to the Joint Memo.
4. In the light of aforestated facts and in the light of settlement entered into between parties and keeping in mind the principles laid down by the Hon’ble Apex Court in the case of GIAN SINGH vs. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioners would not sub-serve the ends of justice and it would be an abuse of process of law. Hence, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending in C.C.No.
15092/2011 on the file of LVI Additional Chief Metropolitan Magistrate, Bengaluru, against petitioners registered for the offences punishable under Section 498A and 506 read with Section 34 of IPC, is hereby quashed.
(iii) Petitioners are hereby acquitted of above said offences.
SD/-
JUDGE ag