IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4333 OF 2013 BETWEEN:
1. M.S. Ravishankar S/o M.R. Swaminathan, Aged about 42 years, No.13, 17th Cross, Sri. M.V. Nagar, Ramamurthy Nagar, Bengaluru – 560 016.
2. Maria Shyamala D/o Anthony Das, Aged about 42 years, No.904-B, 1st Stage, Indiranagar, Bengaluru – 560 038.
3. M.R. Swaminathan S/o M.C. Rudrappa, Aged about 68 years, No.38, ‘Madhukunj’, 1st Cross, East Link Road, Malleshwaram, Bengaluru – 560 003.
4. Mrs. Manjula W/o M.R. Swaminathan, Major, No.38, ‘Madhukunj’, 1st Cross, East Link Road, Malleshwaram, Bengaluru – 560 003.
5. Sudharshan S/o S.A. Francis Xavier, Aged about 43 years, No.15, Victoria Layout, 8th Cross, Bengaluru – 560 047.
6. B. Shivaprasad S/o Basavraj, Aged about 51 years, Balupet, Kitlamane Estate, Sakleshpura, Hassan District – 573 211, Karnataka.
7. Mrs. Nandini Shivaprasad W/o B. Shivaprasad, Balupet, Kitlamane Estate, Sakleshpura, Hassan District – 573 211, Karnataka. …Petitioners (By Smt. Neeraja Karanth, Advocate for Sri. K. Shrihari, Advocate) AND:
Smt. Veena S.P.
W/o M.S. Ravishankar, Aged about 40 years, No.2B, 2nd Floor, HVS – 5 Apartments, 15th Cross, Malleshwaram, Bengaluru – 560 003. ...Respondent (By Sri. Pradeep Somaiah B.C., Advocate) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.5778/2013 (PCR No.44/2013) on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru for the offence punishable under Sections 500 and 501 IPC, registered pursuant to the complaint lodged by respondent No.2, in the interest of justice and equity.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner No.1-Sri.M.S.Ravishankar and his counsel Smt. Neeraja Karanth are present. Respondent/ Smt.Veena S.P. and her counsel Sri. B.C. Pradeep Somaiah, are present.
2. Petitioner No.1 and respondent have filed a Compromise Petition under Section 482 of Cr.P.C. seeking leave to compound the offences. The compromise petition is duly signed by the petitioner and respondent and their respective counsel. In the petition it is stated that the private complaint filed by the respondent was connected to M.C.No.3776/2010 filed by petitioner No.1 under Section 13(1)(i-a) on the file of the III Addl. Principal Judge, Family Court, Bengaluru. The said MC No.3776/2010 came to be dismissed by order dated 01.07.2013. Petitioner No.1 filed M.F.A. No.8735/2013 and in the meantime petitioner No.1 and respondent settled their disputes in Crl.Misc. No.174/2011 filed by respondent under Section 12 of the Protection of Women from Domestic Violence Act. A Joint Memo dated 14.12.2015 was filed in the Court of MMTC-IV, Bengaluru and based thereon the said complaint was dismissed. Further, it is stated that in MFA No.8735/2013, the parties filed a Joint Memo dated 10.12.2018 recording that the respondent herein had settled all the disputes with petitioner No.1 and accordingly appeal in MFA No.8735/2013 was allowed dissolving the marriage dated 25.03.1994 solemnized between the petitioner No.1 and the respondent.
3. Further, it is stated that, in view of the mutual settlement arrived at between petitioner No.1 and respondent, the respondent intends to withdraw all the allegations made against the petitioners leading to their prosecution in C.C.No.5578/2013 and seeks to quash the said proceedings.
4. Petitioner No.1 and respondent submit that the terms of the aforesaid Compromise Petition and the Joint Memo filed by them on 11.02.2019 are true and correct and they stand by the terms of the said compromise. Respondent submits that in view of the said compromise, she has withdrawn all the allegations made against the petitioners and request the Court to permit her to compound the offences and to quash the proceedings.
5. Having regard to the above facts and circumstances, the Joint Memo filed by the parties as well as the Compromise Petition filed by petitioner No.1 and respondent is accepted. Accordingly, petitioner No.1 and respondent are permitted to compound the above offences.
Consequently, the petition is allowed. Proceedings pending against the petitioners in C.C.No.5578/2013 (PCR No.44/2013) on the file of the VII Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 500 and 501 of IPC, are hereby quashed.
Sd/- JUDGE SV