IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.7878/2017 BETWEEN 1. SMT. PANKAJA WAGLE, W/O VASUDEV PANDURANG NAYAK, AGED ABOUT 44 YEARS, 2. NILKANTH WAGLE, S/O LATE PRABHAKAR WAGLE, AGED ABOUT 79 YEARS BOTH THE PETITIONERS ARE R/AT NO.258, 2ND MAIN, 4TH CROSS, SRI AMARESHWAR NIVAS, SAI ENCLAVE, NEAR M.S.RAMAIAH CITY, J.P.NAGAR 7TH PHASE, BANGALORE-560076.
(BY SRI HEMANTH KUMAR D, ADV.) AND:
1. STATE OF KARNATAKA BY MAHADEVAPURA POLICE, BANGALORE-560048, REPRESENTED BY S.P.P, HIGH COURT BUILDING, BANGALORE-560001.
2. VASUDEV PANDURANG NAYAK S/O. PANDURANG RAMA NAYAK, …PETITIONERS AGED ABOUT 42 YEARS, R/AT J 905, BRIGADE METROPOLIS, MAHADEVAPURA, BANGALORE-560048 (BY SRI MAHESH SHETTY, HCGP FOR R1, …RESPONDENTS SRI PRABHUGOUD B.TUMBIGI, ADV. FOR R2.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN P.C.R.NO.5641/2017 ON THE FILE OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE.
THIS CRL.P COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned counsel for the respondent. The counsels filed a joint memo into court on 22.10.2019 and the first petitioner and the second respondent are present.
2. It is submitted that the first petitioner and second respondent are married and certain matrimonial disputes arose on account of misunderstanding and reached the doors of the family court and it is submitted that the parties arrived at a mutually amicable settlement and on account of the settlement, the cases before the family court came to be dismissed and the Misc. case before the MMTC-VI is partly allowed, the marriage also came to be dissolved. In the interregnum a private complaint came to be preferred by the second respondent under Section 200 of Crl.P.C. for the commission of offences punishable under Sections 420 and 406 read with Section 120(b) of the Indian Penal Code. That the complaint came to be referred by the jurisdictional Magistrate to the first respondent police for investigation under Section 156(3) of Cr.P.C. The parties being erstwhile domestic partners have now resolved the dispute and desire to give a quietus to the disharmony in their lives. In the light of the law laid down by the Hon’ble Apex Court in the case of Yogendra Yadav & Others Vs. State of Jharkhand & Another, reported in (2014) 9 SCC 653 and Gian Singh Vs. State of Punjab & Another, reported in (2012) 10 SCC 303 cases, the parties are at liberty to give a quietus and resolve the disputes amongst themselves as the allegations do not constitute an offence of a heinous nature nor would shock the conscious of the society if the parties are permitted to resolve the dispute amongst themselves.
The joint memo which reads as under:
“JOINT MEMO The 1st Petitioner and the 2nd respondent jointly submit before this Hon’ble Court as hereunder:
1. That the 2nd respondent had filed a petition for divorce in MC.No.2747/2012, on the file of the Hon’ble IV Additional Family Court Judge, at Bangalore, against the 1st petitioner herein.
2. That the 1st petitioner had filed a petition for restitution of conjugal rights in MC.No.2908/2012, on the file of the Hon’ble IV Additional Family Court Judge, at Bangalore, against the 2nd respondent herein.
3. That the both family cases had clubbed together and led common evidence, by both the parties and after contest the petition filed by the 2nd respondent herein came to be allowed by granting divorce in MC.No.2747/2012 and the petition filed by the 1st petitioner in MC.No.2908/2012, came to be dismissed by common judgment and decree dated 20-06-2019.
4. The 1st petitioner had filed a case for Domestic Violence against the 2nd Respondent herein in C.Misc.No.151/2012, on the file of the Hon’ble Metropolitan Magistrate Traffic Court-VI, at Bengaluru, after contest the said case came to be allowed partly on 15-06-2019, by direction the 2nd respondent herein to pay a sum of Rs.20,000/- per month to the petitioner herein for daily expenses for the children from the date of this order till they attain majority. Further the 2nd Respondent is directed to continue to bear the school expenses of both the children till they peruse their higher education. Further the 2nd Respondent herein directed to pay the complete EMI of the house loan.
5. The 2nd Respondent herein had filed a private complaint for the offence punishable under section 420 of Indian Penal Code, against the 1st petitioner and her father (Petitioner No.2) in PCR.No.5641/2017, on the file of the IV Additional Chief Metropolitan Magistrate, at Bengaluru, the said case is pending for adjudication. The Petitioner No.1 & 2 herein has filed the above petition for quashing the proceeding in PCR.No.5641/2017. During the pendency of the above proceedings the 2nd petitioner expired on 19-08-2019. The copy of the death certificate is produced herewith for the kind perusal of this Hon’ble Court.
6. The 1st petitioner and the 2nd Respondent herein have settled their dispute amicably between them as per the following terms and conditions mentioned herein below:
a) The 2nd Respondent herein has agreed to pay the maintenance to son and a daughter (both children) a sum of Rs.20,000/- per month and also the educational expenditure as per the order passed in C.Misc.151/2012 till the son and daughter attains the age of 18 years. However, the 1st petitioner has requested the 2nd Respondent to pay the maintenance and education expenditure and their tuition fees in India to the children till they complete their graduation. By considering the request of the 1st petitioner, the 2nd Respondent herein has agreed to pay the maintenance and education expenditure and tuition fees to the children till they complete their graduation in India.
b) The 1st petitioner undertaken that, she will not file the appeal in MC.No.2747/2012 Clubbed with MC.No.2908/2012, in which the 1st petitioner herein sought for restitution of conjugal rights and also the order passed in C.Misc.No.151/2012.
c) The 2nd Respondent has agreed and undertaken to withdraw the case filed by him against the 1st petitioner in PCR.No.5641/2017, pending on the file of IV Additional Chief Metropolitan Magistrate, at Bengaluru and thus the 2nd Respondent has no objection to allow this Criminal petition.
d) The 2nd Respondent is having a Locker in Canara Bank, Mahalakshmi Layout Branch, Bengaluru and the key of the said locker is with the 1st petitioner herein and both the parties have agreed to open the locker jointly and take their respective belongings without any dispute.
e) The 2nd Respondent had constructed a house by acquiring a site bearing No.518, shree shantheri, Raghuvan Palya, J.P.Nagar, 9th Phase, Bengaluru, in joint names of both the 2nd Respondent and the 1st petitioner by obtaining a loan from Vijaya Bank, Vijaya Bank Layout, Bengaluru. Both the 1st petitioner and the 2nd Respondent have agreed to sell the said property jointly and clear the outstanding housing loan, which was obtained at the time of purchasing the property and remaining sale proceeds amount shall be shared equally between them.
f) The 2nd Respondent confirms that, he had filed a complaint before Hulimavu police station and the same has been closed by issuing NCR No.463/2013 on 21- 07-2013. Further both parties have confirmed that they withdraw the accusations filed against each other in the police complaints filed at Hullimavu police station and Mahadevpura police station and in family Court and MMTC Court and have not filed any other cases against each other and no other cases are pending between them.
g) Both parties have agreed that they will not interfere in each other’s affairs/lives in future. Any breach of conditions of this joint memo, will give the right to the aggrieved party to peruse legal action.
h) The 1st petitioner and the 2nd Respondent will have no claims on either movable or immovable properties against each other, either in past, present or future in any count. The 1st petitioner and the 2nd Respondent have settled their dispute amicably among them on the advice of their well wishers and friends and have no interest to proceed with the cases.
i) This joint memo is filed by both the parties on their free will and consent and there is no threat, force or coercion or undue influence by either party.
WHEREFORE, in view of the above mentioned terms, this Hon’ble Court be pleased to take this Joint Memo on record and quash the proceedings in PCR.No.5641/2017 for the offences punishable under section 420,406 r/w 120(B) of the Indian Penal Code, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, in the interest of justice.”
The joint memo is taken on record and the entire proceedings in PCR No.5641/2017 and the FIR registered in Crime No.233/2017 on the Mahadevapura Police Station, stands quashed.
Sd/- JUDGE Chs* CT-HR