IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.5367/2019 C/W CRL.P.NO.2450/2017 IN CRL.P.NO.5367/2019 BETWEEN POULOSTY MAHINDRA DAS S/O BISWA KALYAN DAS AGED ABOUT 32 YEARS, R/AT HOUSE NO.11, VIVEKANANDA LAYOUT MUNNAKOLLALA, MARATHAHALLI, BENGALURU - 560 037.
(BY SRI SIJI MALAYIL, ADV.) AND 1. STATE OF KARNATAKA BY HAL P.S., REPRESENTED BY SPP, HIGH COURT BUILDING, CUBBONPARK, BANGALORE - 560 001.
2. SMT. KRISHNA MOHANTY AGED ABOUT 29 YEARS, WIFE OF POULOSTY MANINDRA DAS, RESIDING AT 112/1/4, OM SRI SAI NIWAS, ...PETITIONER 14TH CROSS, BHUVANESHWARI LAYOUT MUNNEKOLALA, MARATHAHALLI BENGALURU - 560 037.
…RESPONDENTS (BY SRI R.D.RENUKARADHYA, HCGP FOR R1, SMT. GEETHADEVI M.P, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.51510/2018 FOR THE OFFENCE P/U/S 498-A R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P.ACT, BY COMPOUNDING THE OFFENCES INITIATED BY THE RESPONDENT NO.2 WHICH IS PENDING ON THE FILE OF XLIII ADDL.C.M.M., BENGALURU.
IN CRL.P.NO.2450/2017 BETWEEN 1. SMT HEMALATHA DAS W/O BISWA KALYAN DAS, AGED ABOUT 60 YEARS, 2. SRI. BISWA KALYAN DAS S/O LATE RADHA RAMAN DAS AGED ABOUT 62 YEARS, 3. SRI. BEDA BIRENDRA DAS S/O BISWA KALYAN DAS AGED ABOUT 34 YEARS, ALL ARE RESIDING AT: HOUSE NO.975/2B, HATISALA LANE, MANGALGHAT, PURI, ODISHA-752001 (BY SRI SIJI MALAYIL, ADV.) ...PETITIONERS AND 1. STATE OF KARNATAKA BY HAL P.S, REPRESENTED BY SPP, HIGH COURT BUILDING, CUBBONPARK, BANGALORE-560001.
2. SMT. KRISHNA MOHANTY AGED ABOUT 29 YEARS, WIFE OF POULOSTY MANINDRA DAS, RESIDING AT 112/1/4, OM SRI SAI NIWAS, 14TH CROSS, BHUVANESHWARI LAYOUT, MUNNEKOLALA, MARATHAHALLI, BENGALURU-560037.
…RESPONDENTS (BY SRI R.D.RENUKARADHYA, HCGP FOR R1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.208/2016 BY COMPOUNDING THE OFFENCES INITIATED BY THE RESPONDENT NO.1 HAL P.S., WHICH IS PENDING ON THE FILE OF 43RD ACMM, BANGALORE, ANNEXURE-C.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner, the learned Counsel for respondent no.2 and the learned HCGP.
2. Petitioner and respondent no.2 are husband and wife. They are present before the Court and are identified by their respective Counsels.
3. It is submitted by the learned Counsel for the parties that the parties have amicably settled the issue and the marriage has been dissolved in M.C.No.1823/2016 on the file of the II Addl. Principal Judge, Family Court, Bengaluru, by a decree of divorce dated 13.08.2019. That as per the terms of the consent divorce, the parties have adhered to the terms of consent divorce.
4. Today, the parties have filed a joint affidavit which reads as under:
“I, Poulosty Manindra Das, S/o Biswa Kalyana Das, Aged about 32 years, R/at :- House No. 11, Vivekananda Layout, Munnakollala, Marathahalli, Bengaluru–560037. The petitioner and Smt. Krishna Mohanty, Aged about 33 years, a former Wife of Poulosty Manindra Das, Residing at Manjunath Residency, Kaveriappa Layout, Kadubeesanahalli, Bengluru–560087 the respondent no.2, do hereby solemnly affirm and state on oath as follows:
1. We are the Petitioner and the 2nd Respondent herein in the above case. We know the facts of the case. Hence we are swearing to this affidavit and on behalf of the other Petitioners.
2. We state that, the above petition has been filed with a prayer to quash the proceedings in C.C. No.51510/2018 pending before the Learned XLIII ACMM Court, Bangalore. The grounds urged in the accompanying Joint Memo may be read as part and parcel of this Affidavit.
3. It is submitted that the 2nd Respondent herein was my legally wedded wife. Due to some differences between me and 2nd respondent, 2nd respondent had filed a complaint against me and my family before the 1st Respondent. On the strength of the said complaint, the 1st Respondent has registered an F.I.R and subsequently charge sheeted for the offences punishable under sections 498-A & 34 of I.P.C r/w sections 4 of the Dowry Prohibition Act in C.C. No. 51510/2018 pending in the files of Ld. XLIII ACMM Court, Bengaluru. In the meanwhile, I had filed a petition under section 13 (1)(i-a) of the Hindu Marriage Act, 1955 seeking decree of divorce, before the Ld. II Addl. Judge, Family Court Bengaluru in M.C. No. 1823/2016. During the pendency of the said case, the matter was referred for mediation before the Bangalore Mediation Centre. In the mediation, the matter has been settled amicably and we entered into Memorandum of Settlement on certain terms and conditions.
4. Since the matter is amicably settled and this Hon’ble court may be pleased to may be pleased to quash the proceedings in C.C. No. 51510/2018 pending in the files of Ld. XLIII ACMM Court, Bengaluru. Hence this Joint Affidavit subject to the payment of balance amount of Rs 2.5 laks vide DD number 241946 dated 24/7/2019.
5. We state that the averments made in the para No. 1 to 4 are prepared as per our instructions and these are correct to the best of our knowledge, information and belief.
WHEREFORE, we pray that this Hon’ble court be pleased to allow the accompanying joint memo as prayed for, in the interest of justice.
We, the deponent named above do hereby verify and declare that the contents stated above are true and correct to the best of our knowledge, information and belief.”
5. There is no dispute with regard to the fact that no heinous crime has been committed nor is there any act of violence involved. In view of the above, it is held in the case of GIAN SINGH VS STATE OF PUNJAB & ANOTHER – AIR 2012 SCC 393, that the offence punishable under Section 498A is compoundable. In the light of the fact that no purpose would be served in further prosecuting the matter as the prosecutrix herself has shifted her stand and further, keeping in view the age of the parties, this Court is of the considered opinion that it is appropriate to give a quietus to the litigation amongst the parties, it would be just and necessary to put an end to the litigation, as the same would enable the parties to move ahead in their respective lives. Hence, the affidavit is taken on record.
6. Petition is allowed. The entire proceedings in C.C.No.51510/2018 pending on the file of XLIII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.208/2016 registered with the respondent no.1-Police, is hereby quashed.
Sd/- JUDGE KK CT-HR