IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6616/2017 BETWEEN MRS. POORNIMA, AGED 25 YEARS, D/O SWAMY GOWDA, W/O R. NAVEEN, CHOLENAHALLI VILLAGE, BILIKERE HOBLI, MYSURU DIST.
HUNSUR TALUK-571105 ... PETITIONER (BY SRI. B. S. NAGARAJ, ADV.) AND MR.R.NAVEEN, AGED 30 YEARS, S/O LATE RAMESH, LATE SMT. VEENA, R/AT KOORAGAHALLY VILLAGE, YELWALA HOBLI, MYSURU TALUK-571130 MYSURU DISTRICT. ... RESPONDENT (BY SRI. R. D. RENUKARADHYA, ADV.) THIS CRL.P IS FILED U/S 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 18.07.2017 PASSED IN CRL.RP.NO.185/2016 ON THE FILE OF VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU AND ACCEPT THE COMPROMISE PETITION IN TOTAL SUBMITTED ON 09.06.2017 BEFORE THE SESSIONS COURT, AND DIRECT THE RESPONDENT TO PAY THE AMOUNT IN TERMS OF THE COMPROMISE PETITION THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner-wife and her counsel, respondent- husband and his counsel are present before the court.
2. Heard the parties and the learned counsel appearing for the parties. The parties have filed a “Memorandum of Compromise Petition” praying to set aside the order dated 18.7.2016 passed by the VIII Addl. District and Sessions Judge, Hunsur in Crl.RP No.185/2016.
3. It appears, the Sessions Court has recorded a compromise between the parties and recorded that the respondent has paid a sum of Rs.7,50,000/- to the petitioner towards full and final settlement of alimony and also sought for dissolution of marriage by granting decree of Divorce, considering the terms between the parties. However, the Sessions Court has recorded the terms of compromise, but directed the parties to approach the appropriate court seeking for divorce. Both the parties, who are present before the court admit that an amount of Rs.7,50,000/- has not been paid by the respondent to the petitioner herein before the Revisional Court. Therefore, the order passed by the Sessions Judge in Crl.RP No.185/2016 dated 18.7.2017 deserves to be quashed.
4. There is no dispute between the parties with regard to the non payment of an amount of Rs.7,50,000/- before the Sessions Court. The parties also submit that they have already approached the competent court i.e., Senior Civil Judge at Hunsur, in MC No.32/2017 for divorce by mutual consent and the same is pending before the said Court. The parties may work out their remedy in the said Court. The Family Court has to record the compromise between the parties and pass appropriate orders in accordance with law.
In view of the above facts and circumstances the following order is passed:
ORDER Memorandum of Compromise Petition filed by the parties is hereby accepted and taken on record. The Petition is allowed in terms of the Compromise. Consequently, the order dated 18.7.2017 passed in Crl.R.P No. 185/2016 passed by VIII Addl. Session’s Judge, Mysuru sitting at Hunsur is here by set-aside. The Revision Petition is restored on to the file of the said court for disposal in accordance with law.
Sd/-
JUDGE PL*