IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRL.P.NO.5518/2018 BETWEEN:
1. S. SHIVANANDA S/O C. SHIVALINGAIAH MAJOR 2. PUTTATHAYAMMA W/O C. SHIVALINGAIAH 3. KUMARA S/O C. SHIVALINGAIAH MAJOR PETITIONERS 1 TO 3 ARE R/AT S.I.KODIHALLI VILLAGE K. GOWDAGERE POST KEREGODU HOBLI MANDYA TALUK & DISTRICT-571403.
4. JYOTHI D/O C. SHIVALINGAIAH W/O SUNDARESHA AGED ABOUT 42 YEARS R/AT 1, 4TH MAIN, BALAJI LAYOUT, COLLEGE STOP BYADARAHALLI BENGALURU-560 091.
(BY SRI.S.N. BHAT, ADVOCATE) AND:
1. STATE BY KEREGODU POLICE ... PETITIONERS MANDYA TALUK-571403 REP. BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.
2. SMT. K. SOWMYA D/O K. KRISHNAIAH W/O S. SHIVANANDA AGED ABOUT 32 YEARS R/AT J.47, PIPELINE MALLESWARAM MAIN ROAD BENGALURU-560 003.
... RESPONDENTS (BY SRI.S. RACHAIAH, HCGP FOR R1;
SRI. B.R. RAGHAVENDRA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.102/2015 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT MANDYA FOR THE OFFENCES PUNISHABLE UNDER SECTION 504, 506, 323, 498A R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused in C.C.No.102/2015 are seeking quashing of the proceedings pending on the file of I Additional Senior Civil Judge and CJM, Mandya.
2. Petitioners have presented a petition under Section 320 Cr.P.C. jointly signed by them, whereunder respondent No.2 has consented for quashing of the above proceedings on the ground that in M.C.No.5157/2014 pending before Principal Judge, Family Court, Bengaluru, dispute between parties has been settled and matter has been disposed of by the Family Court by order dated 16.06.2017. A memo is also filed by learned Advocate appearing for first petitioner whereunder he has undertaken to pay school fee of his minor daughter Kum. Punyashree K.S till she attains the age of majority. Said memo is placed on record.
3. Parties are present before Court and they admit execution of the compromise petition. They also submit that out of their own free will, volition and without any force, threat or coercion, they have affixed their signatures to the compromise petition. Parties are identified by their respective learned Advocates. Memo is also filed by the learned Advocate appearing for petitioners enclosing photocopies of identity cards of petitioners – 1 and 3 and respondent-2 issued by the statutory authorities which establish their identities. Said memo is placed on record.
4. In the light of judgment of Hon’ble Apex Court in the case of NARINDER SINGH vs. STATE OF PUNJAB & ANOTHER reported in (2014) 6 SCC 466 wherein Hon’ble Apex Court while examining as to plea for quashing of the proceedings initiated for the offence punishable under Section 307 IPC, has held that Court can look into the settlement that may be entered into between parties while considering prayer for quashing of proceedings since it may result in creating harmony between them which will also improve their future relationship vide paragraph 29.6, when facts on hand are examined, it would disclose that dispute between parties is matrimonial dispute and said dispute having been settled between them, continuation of the present criminal proceedings would amount to abuse of process of law and it would not sub-serve the ends of justice.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is hereby allowed.
(2) Proceedings in CC No.102/2015 pending on the file of Additional Senior Civil Judge and CJM, Mandya against petitioners is hereby quashed.
SD/- JUDGE RU