IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 7TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.3658/2015 BETWEEN 1. NAVEEN KUMAR, S/O LATE ANJUNAPPA, AGED 33 YEARS, 2. VIJAYAKUMARI, W/O LATE ANJANAPPA, AGE 49 YEARS, PETITIONER NO.1 & 2 ARE R/AT NO.64, HRUDAYA NILAYA, KOTE STREET, KENGERI, BENGALURU-560 060.
3. NETRA W/O RAJU, AGED ABOUT 29 YEARS, 4. RAJU, S/O VENKATANARASAPPA, AGED 39 YEARS, PETITIONER NOs.3 & 4 ARE R/AT NO.72, NAGEGOWDANA PALYA, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.
... PETITIONERS (BY SRI. MAHESHA P., ADV.) AND 1. THE STATE OF KARNATAKA, BY KENGERI POLICE STATION, BENGALURU CITY-560 060.
2. SMT.SHASHIREKHA, D/O MADAIAH, AGED 32 YEARS, R/AT NO.90/26, 2ND MAIN ROAD, VITTAL NAGAR, CHAMARAJPET BENGALURU-560 026.
... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1. R-2 SERVED & UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CC.NO.9311/2013, PENDING ON THE FILE OF THE III A.C.M.M., BENGALURU CITY AND PERMIT THE PETITIONERS AND RESPONDENT NO.2 TO COMPOUND THE OFFENCES U/S 498(A), 323 OF IPC AND SEC. 3, 4 OF D.P. ACT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The office records show that the notice issued to the 2nd respondent has been served. In spite of service, the 2nd respondent has remained unrepresented.
2. The petitioner basing on the compromise entered into between the parties, submits before this court that the proceedings in C.C. No.9311/2013 is an abuse of process of law and therefore, the same is liable to be quashed.
3. The 2nd respondent-Shashirekha, though given an opportunity, has remained absent. Therefore, the court has to draw an inference that, she has nothing to say with regard to the proceedings. In this background, it is seen that the parties have entered into a compromise before the Family Court in MC No.106/2013. Before the Bengaluru Mediation Centre, the parties appeared and entered into certain terms. The terms recorded before the Bengaluru Mediation Centre at Para-6 clearly indicates that the parties have arrived at a settlement and the petitioner-Smt. Shashirekha therein (the 2nd respondent herein) undertook to co-operate and give her consent for disposal/closure/quashing of the criminal proceedings, before the High Court of Karnataka, which is arising out of C.C. No.9311/2013 pending before the III Addl.CMM, Bengaluru, filed by her against her husband and his family members under Section 498-A of IPC.
4. The said Memorandum of Understanding/ Settlement has been placed before the Family Court in MC No.106/2013. On 25.04.2015 both the parties were present before the said court and reported settlement and admitted the contents of the Memorandum of Settlement entered into between them and they further stated that, they have voluntarily entered into such Memorandum of Understanding/Settlement without any force but, on the basis of their free Will and Volition. On the basis of such representation by both the parties, the petitioner had made payment of Rs.12.00 Lakhs by way of four (04) Demand Drafts. The court has recorded their submission and consequently allowed the petition and dissolved the marriage between the petitioner and the respondent, and ordered to draw a decree of divorce vide order dated 25.04.2015. Having entered into such compromise and admitted the contents of the compromise before the judicial Court, it is the bounden duty of the 2nd respondent (Wife) to appear before this court to co-operate with the petitioner. Therefore, in my opinion, the absence of the petitioner itself shows that she is not having any objection to quash the proceedings pending against the petitioners herein, as prayed for.
5. In the above circumstances, it is just and necessary to quash the entire proceedings in C.C. No.9311/2013 registered against the petitioners for the offence punishable under Section 498-A & 323 of IPC and Sections 3 & 4 of the D.P. Act, pending on the file of III Addl. CMM, Bengaluru. Accordingly, I pass the following:-
ORDER The petition is allowed. Consequently, the entire proceedings in C.C. No.9311/2013 registered against the petitioners for the offences punishable under Sections 498-A and 323 of IPC and also under Sections 3 & 4 of the D.P. Act, now pending on the file of 56th Additional CJM, Bengaluru (Earlier pending on the file of III Addl. CMM, Bengaluru City), in sofar as the petitioners are concerned, is hereby quashed.
Sd/-
JUDGE KGR*