IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.618 OF 2014 BETWEEN:
Prashanth Kumar V S/o Virupakshaiah Aged about 33 years No.3, Sharadanagara Chunchaghatta Main Road Konanakunte Post Bangalore – 560 072. …Petitioner (By Sri.Nagaraju H.R. for Sri.M.Sharass Chandra, Advocates) AND:
1. Smt.Shashirekha K W/o Prashanth Kumar Aged about 28 years R/at No.L.76, 4th Main 10th Cross, L.N.Pura Bangalore – 570 008.
2. State of Karnataka By Ulsoorgate W.P.S Bangalore – 560 009. ...Respondents (By Sri.Somashekar Harvi, Advocate for R-1 – absent Sri.Nasrulla Khan, HCGP for R2) This Criminal Petition is filed under Section 482 read with 320 of Cr.P.C. praying to quash the proceedings in C.C.No.8697/12 of Ulsoorgate Women’s Police Station at which is pending on the file of the VI Addl.C.M.M., Bangalore by allowing the petitioner and the respondent to compound the offences.
This Criminal Petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner has sought to quash the proceedings in C.C.No.8697/2012 pending on the file of 6th Additional Chief Metropolitan Magistrate, Bangalore. Along with the petition, petitioner has produced the copy of the settlement arrived at between the parties in M.C.No.4219/2011. Clause Nos.3 and 5 of the said settlement read as under:-
“3. The respondent had filed a complaint before the Police u/s 498A of IPC, and is pending adjudication before the Metropolitan Magistrate Court, Bangalore in C.C.No.8697/2012. The petitioner has also filed a case under the Domestic Violence Act bearing Crl.Misc.530/2011, which has been concluded and judgment passed in favour of the respondent. The petitioner has filed an appeal before the Sessions Court, Bangalore challenging the above judgment, in Crl.Appeal No.275/2013, which is pending.
5. The petitioner has agreed to pay one time alimony and maintenance for his son in a sum of Rs.6,00,000 (Rupees Six Lakh Only). The petitioner shall pay a sum of Rs.3,00,000 (Rupees Three Lakh Only) before this Hon’ble Court and the balance of Rs.3,00,000 (Rupees Three Lakh Only) shall be paid on the criminal case bearing C.C.No.8697/2012 being dropped.”
2. Learned counsel for the petitioner submits that the entire alimony agreed thereon has not been paid to the respondent. Even otherwise, the grounds urged in the petition do not entitle the petitioner to quash the proceedings. Since the parties have already arrived at mutual settlement, the petitioner is bound to honour the said agreement failing which the respondent is at liberty to take appropriate action as available under law.
With the aforesaid observations, the petition is dismissed.
Sd/- JUDGE Prs*