IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1543 OF 2018 BETWEEN:
1. NISCHAL KUMAR GAUTAM AGED ABOUT 29 YEARS S/O PARMOD KUMAR GAUTAM R/AT FLAT NO.902 T-4, SUPREME TOWER SECTOR-99, NOIDA -201 303 (U.P) 2. PARMOD KUMAR GAUTAM AGED ABOUT 60 YEARS S/O LATE SHANTI SARUP SHARMA 3. SMT. PREM LATA AGED ABOUT 60 YEARS W/O PARMOD KUMAR GAUTAM PETITIONERS NO.2 & 3 R/AT WARD NO.2, HN 65, ADARSH NAGAR DASUYA, HUSHIARPUR DISTRICT-144 205 PUNJAB 4. SHUCHITA GAUTAM AGED ABOUT 26 YEARS D/O PARMOD KUMAR GAUTAM SECTOR-71, HOUSE NO.3512, 1ST FLOOR MOHALI, CHANDIGARH-160 071 PUNJAB ... PETITIONERS (BY SHRI. M.R.C. MANOHAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION SHIVAJINAGAR, BANGALORE REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001 2. MRS. KIRAN SINGH AGED ABOUT 31 YEARS W/O NISCHAL KUMAR GAUTAM D/O LT. SH. KUMAR SINGH R/AT NO.3, 2ND FLOOR ST. JOHNS CHURCH ROAD BHARATHINAGAR BENGALURU-560 005 ... RESPONDENTS (BY SHRI. S. CHANDRASHEKARAIAH, HCGP FOR R1; SHRI. M. SHASHIDHARA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.62/2017 REGISTERED BY EAST ZONE WOMEN POLICE STATION, SHIVAJINAGAR, BANGALORE FOR THE OFFENCES P/U/S 498A, 506 R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT, NOW PENDING ON THE FILE OF VI A.C.M.M., BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri M.R.C. Manohar, learned advocate for the petitioners, Shri S. Chandrashekaraiah, learned HCGP for the State and Shri M. Shashidhara, learned advocate for respondent No.2.
2. First petitioner is the husband of second respondent. Petitioners No.2 and 3 are parents and petitioner No.4 is sister of first petitioner. Second respondent initiated proceedings under Section 498-A of IPC by filing FIR No.62/2017 on 16/11/2017 in East Zone Women Police Station, Bangalore. Police after investigation have filed charge sheet in C.C.No.22872/2017.
3. Learned advocates for the petitioners and second respondent jointly submit that the parties have settled the dispute amicably. Accordingly, they have filed a joint affidavit duly signed by them and their respective advocates. They pray that this petition be disposed of in terms of settlement stated in the joint affidavit.
4. Petitioners and second respondent are present and identified by their respective advocates. They admit the terms of settlement stated in the joint affidavit. The same is lawful and hence accepted. The joint affidavit reads as follows:
“JOINT AFFIDAVIT We,(1) Nishchal Kumar Gautam, Aged about 29 years, S/o pramod Kumar Gautam, R/at Flat No.902, T-4, Supreme Tower, Sector-99, Noida-201 303 (U.P), now at Bengaluru, (2) Kiran Singh, Aged about 31 years, W/o. Nischal Kumar Gautam, D/o.Late.Shri Kumar Singh, R/at No.3, 2nd Floor, St.Johns Church Road, Bharathinagar, Bengaluru-560 005 presently residing at Sokhuram villa Apartments, Building No.114, Second Floor, Coles Road, Bengaluru-560 005, do hereby solemnly affirm and state on oath as follows.
1. We state that, we are the 1st petitioner and respondent No.2 in the above case and we know the facts of the case, hence we are swearing to this joint affidavit.
2. We submit that, the 2nd respondent has initiated a criminal proceedings in Crime No.62/2017 at East Zone Women Police Station, Shivaji Nagar, Benglauru for the offences punishable under sections 498(A), 5016 read with 34 of Indian Penal Code and section 3 & 4 of Dowry Prohibition Act. The 1st respondent police after investigation filed the charge sheet in CC.No.8253/2018 for the offences punishable 498(A) , 506, 109 read with 34 of Indian Penal Code and section 3 and 4 of Dowry Prohibition Act, against the petitioner No.1 to 4 and the case is now pending on the files of Hon’ble VI Additional Chief Metropolitan Magistrate, Bengaluru against petitioner No.1 to 4. The 2nd petitioner and 3rd petitioner are the parents of 1st petitioner and the 4th petitioner is the sister of 1st petitioner and they are staying at Calcutta.
3. We submit that, the petitioners and respondent No.2 have amicably settled their disputes out of Court on the advice/intervention of the well- wishers, relatives and friends and the respondent No.2 has agreed to withdraw the above case pending against the petitioner No.1 to 4 unconditionally.
4. We submit that, it has been agreed between the parties that, the 1st petitioner shall pay an amount of Rs.21,00,000/- (Rupees Twenty One Lakhs only) i.e., settlement amount towards the permanent alimony to the 2nd respondent as full and final settlement of all her claims.
5. It has been agreed between the parties that, the amount of permanent alimony shall be paid in three installments of Rs.7,00,000/- (Rupees Seven Lakhs) each.
6. That, both the parties have agreed to filed this Joint Affidavit to quash the proceedings initiated by 2nd respondent against the petitioners.
7. Both the parties have agreed that, the 1st installment of Rs.7,00,000/- (Rupees Seven Lakhs only) shall be paid to the 2nd respondent by the 1st petitioner via bank transfer on the date this Hon’ble Court is pleased to quash the charge sheet and further proceedings in CC.No.8253/2018 pending on the files of VI Additional Chief Metropolitan Magistrate, Bengaluru.
8. That, the 2nd respondent has initiated a domestic violence case against petitioners inCrl.Misc.No.161/2018 pending before Metropolitan Magistrate-Traffic Court-I, Mayo Hall, Bengaluru which is posted on 18.01.2019. Both the parties further agreed that the second installment of Rs.7,00,000/- (Rupees Seven Lakhs only) shall be paid by the 1st petitioner to the 2nd respondent via bank transfer within 10 days from the date of order of withdrawal of the said Crl.Misc.No.161/2018. The 2nd respondent shall provide a certified copy of the order of withdrawal of the said complaint to the counsel of the 1st petitioner via Email/Speed post/Whatsapp at the earliest after the date of order as proof of withdrawal.
9. Both the parties have agreed that the 1st petitioner shall withdraw his cases filed against the 2nd respondent and her family i.e., Crl.Misc.No.279/2018 pending before the Court of Chief Judicial Magistrate, Gautham Budh Nagar and Misc.Civil.No.13/2018 before the Principal Judge Family Court, Gautham Budh Nagar before 28.01.2019. The 1st petitioner shall provide a certified copy of the order of withdrawal of both Crl.Misc.No.279/2018 and Misc.Civil.No.13/2018 to the counsel of the 2nd respondent via Email/Speed post/Whatsapp at the earliest after the date of the order as proof of withdrawal.
10. Both the parties have agreed that, the parties shall remain present before the Ld. Learned Family Court, Gautham Budh Nagar for presentation of the second motion petition in the pending mutual consent divorce case No.688/2017 on a mutually agreed date of 08.02.2019. The last and final installment of Rs.7,00,000/- (Rupees Seven Lakhs Only) shall be paid to the 2nd respondent by the 1st petitioner via bank transfer on the date of the final order of divorce by mutual consent.
11.By signing this Joint Affidavit the parties hereto state that, they have no further claims or demands against each other and all the disputes and differences relating to their matrimony have been settled voluntarily by the parties hereto.
12.We declare that, we do not have any other case/complaint pending against each other, other than the cases mentioned above and further agreed and undertake that, we will not file any case against each other or against the family members either before Civil Court or Criminal Court or Authority arising out of our marriage. Except filing second motion petition in the pending case for mutual consent divorce and Affidavits supporting quash petition pending before this Court.
13.That we have agreed mutually that we will not make any kind of defamatory allegations against each other in future.
14.That we further undertake to abide by the terms and conditions agreed above and not to raise any dispute or making further claim against each other hereafter words in future.
15.If this application is not allowed serious prejudice will be caused to us.
WHEREFORE, this Hon’ble Court be pleased to allow the accompanying application and quash the proceedings as prayed for, in the interest of justice.
We, the deponents hereby state that, whatever stated above are true and correct to the best of our knowledge, information and belief.” (sic) 5. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings pursuant to registration of FIR No.62/2017 in East Zone Women Police Station, pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
6. Petition is accordingly disposed of. No costs.
Yn.
Sd/- JUDGE