IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.7900/2019 BETWEEN 1. MR. RAVIKUMAR B S/O SRI BASAVARAJU AGED ABOUT 36 YEARS, 2. SRI BASAVARAJU S/O LATE SREENIVASA RAO AGED ABOUT 61 YEARS 3. SMT SAKKU BAI W/O SRI BASAVARAJU AGED ABOUT 55 YEARS ALL ARE RESIDING AT SRI LAKSHMI NILAYA, RAMASWAMY LAYOUT, ARAKERE, BANNERGATTA ROAD, BANGALORE-560076.
...PETITIONERS (BY SRI SUBASH REDDY V, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE, THROUGH HULIMAVU POLICE STATION, BANGALORE-560001 2. SMT A YASHODA W/O B RAVI KUMAR AGED ABOUT 33 YEARS, RESIDING AT NO.735, 5TH MAIN ROAD, VIJAYANAGAR, BANGALORE-560040 (BY SMT. K.P.YASHODHA, HCGP FOR R1, SRI M.N.MADHUSUDHAN, ADV. FOR R2.) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.13871/2016 ON THE FILE OF V ADDL.C.M.M., BENGALURU VIDE ANNEXURE-A IN PURSUANCE OF THE FIR, COMPLAINT AND CHARGE SHEET FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONERS IN CR.NO.459/2015, FOR THE OFFENCE P/U/S 498A R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P.ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioners, the learned Counsel for respondent no.2 and the learned HCGP.
2. Petitioner no.1 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.4629/2018 on the file of the III Addl. Principal Judge, Family Court, Bengaluru, by a decree of divorce dated 16.10.2019. 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:
“We, 1) Mr.RAVIKUMAR B, S/o. Sri. Basavaraju, Aged about 36 years, Aged about 34 years, Sri Lakshmi Nilaya, Ramaswamy Layout, Arakere, Bannergatta Road, Bangalore-560 076, and 2) SMT. A. YASHODA, W/o. B.RAVI KUMAR, Aged about 33 years, Residing at No.735, 5th Main Road, Vijayanagar, Bengaluru-560 040, do hereby affirm and state on oath as follows:
1. We state that we are the petitioner No.1 and the respondent No.2 respectively in the above petition and we are well conversant with the facts of the case, hence we are all jointly swearing to this affidavit.
2. I the Petitioner No.1, state that the petitioners No.2 and 3 are my parents and they are aged persons and they are shouldered with the responsibility of taking care of my mother’s brother who is seriously bedridden and their presence at the residence is required to take care of him and hence they are no able to be present before this Hon’ble court today personally. Hence their personal appearance requires to be dispensed with and I am authorized to swear to this affidavit on their behalf and hence I am swearing to this affidavit.
3. For the sake of brevity we may be referred to as Petitioner No.1 and Respondent No.2, in this affidavit.
4. We state in the matter before the Hon’ble III Additional Principal Judge, Family Court, Bangalore in M.C.No.4629/2018, the matter was referred to Mediation. We have arrived at an amicable settlement and it has been decided by us to put an end to all the litigations that are pending between us and accordingly the marital relationship between us came to be dissolved by a decree of divorce granted by the Hon’ble III Additional Principal Judge, Family Court, Bangalore in M.C.No.4629/2018 by order dated 16/10/2019, in pursuance of the memorandum of settlement arrived between us before the Bangalore mediation Centre.
5. We state that in terms of the memorandum of settlement, it was agreed between us to close all the existing litigations before different courts. All the cases between us are closed except the criminal case pending before the Vth Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.13871/2016, for the offences punishable under sections 498-A, read with section 34 of IPC and 3 and 4 of Dowry Prohibition Act, by filing this petition. Hence this petition was filed for quashing of entire pending proceedings as against al the petitioners in C.C.No.13871/2016, before the Vth Additional Chief Metropolitan Magistrate, Bangalore. According we have settled our disputes amicably and we would wish to put an end to the existing litigation. Hence this affidavit.
6. We state that, if the proceedings in C.C.No.13871/2016, pending before the Vth Additional Chief Metropolitan Magistrate, Bangalore are not quashed, it would be futile exercise of wasting the precious time before the trail court and it would not meet the ends of justice and it occasions to abuse of the process of law, subjecting petitioners to untold hardship and inconvenience.
7. In the 2nd Respondent state that I have no objection in whatsoever manner to allow this Criminal petition as prayed for, in the changed circumstances, as I am not interested in prosecuting the criminal case in C.C. No.13871/2016, before the trial court, in pursuance of the settlement arrived between us.
8. In the said circumstances we crave the leave of this Hon’ble court to permit us to compromise, thereby allowing this Criminal petition in its entirety and by quashing the entire proceedings in C.C.No.13871/2016, pending before the Vth Additional Chief Metropolitan Magistrate, Bangalore for the offences punishable under sections 498-A, read with section 34 of IPC and 3 and 4 of Dowry Prohibition Act, in the interest of justice.”
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.13871/2016 pending on the file of V Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.459/2015 registered with the respondent no.1-Police, is hereby quashed.
Sd/- JUDGE KK CT-HR