IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE R DEVDAS CRIMINAL PETITION NO.6139/2017 BETWEEN 1 . MR. SAGAR ATHANI HIREMATH S/O ATHANI HIREMATH GURUMURTHY, AGED ABOUT 36 YEARS, RESIDING AT NO.628/7, SHIVANANDASWAMY COMPOUND, K B EXTENSION, DAVANAGERE-566002.
2 . MR A H GURUMURTHY S/O A.H.SIDDALINGASWAMY, AGED ABOUT 69 YEARS, R/A NO.628/7, SHIVANANDASWAMY COMPOUND, K.B.EXTENSION, DAVANAGERE-560002.
3 . MRS A H SAROJA W/O.A.H.GURUMURTHY, AGED ABOUT 65 YEARS, R/A NO.628/7, SHIVANANDASWAMY COMPOUND, K.B.EXTENSION, DAVANAGERE-560002.
(BY SRI HARIKRISHNA S HOLLA, ADVOCATE) AND 1 . STATE BY BASAVESHWARANAGAR PS 1ST CROSS ROAD, WEST OF CHORD ROAD 1ST STAGE, BASAVESHWARA NAGAR, ...PETITIONERS BENGALURU KARNATAKA-560079 REPRESENTED BY SPP 2 . SMT SUREKHA SHIVASHIMPI W/O SRI SAGAR ATHANI HIREMATH, D/O IRAPPA SHIVASHIMPI, AGED ABOUT 30 YEARS, R/AT L-76/5 MUNIYAMMA NILAYA, 2ND STAGE, 2ND CROSS, NEAR ARAVINDA SCHOOL KIRLOSKAR COLONY, BANGALORE NORTH, BASAVESHWARANAGAR, BANGALORE NORTH 560079.
…RESPONDENTS (BY SRI MAHESH SHETTY, HCGP FOR R1 SRI N R RAGHAVENDRA AND SRI M A JAYAKUMAR, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO SET ASIDE PROCEEDINGS IN C.C. NO.3558/2015 PENDING ON THE FILE OF THE V ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The petitioner is the husband and respondent is the wife. The parties have filed an application in I.A.No.1/2019 under Section 320 of the Code of Criminal Procedure, stating that the parties have arrived at a settlement and in the light of the same, the petitioner has paid a sum of Rs.15,00,000/- towards one time alimony to the respondent-wife.
2. Consequently, the parties have filed an application under Section 13-B(1) and 13-B(2) of the Hindu Marriage Act, 1955, before a co-ordinate Bench in W.P.No.13568/2019. The co-ordinate Bench by order dated 29.08.2019, taking note of the fact that the marriage between the parties has irretrievably broken down and there is no possibility of amicable settlement of the dispute, dispensed with the waiting period of six months after filing the petition under Section 13-B of the Act and consequently, directed the Family Court to pass a decree for dissolution of marriage in terms of the compromise arrived at between the parties. Thereafter, the Senior Civil Judge and JMFC, Ron, in M.C.No.62/2018 allowed the petition filed by the parties and dissolved the marriage by consent decree of divorce.
3. The respondent-wife has stated that in view of the foregoing, she is not desirous of pursuing the complaint in C.C.No.3558/2015 filed against the petitioner herein. Since the offences alleged are compoundable in nature, leave is sought to compound the same and quash the proceedings against the petitioner.
4. Both the parties are present before this Court.
In view of the foregoing, the application in I.A.No.1/2019 is allowed and the further proceedings in C.C.No.3558/2015 pending on the file of V Addl. Chief Metropolitan Magistrate, Bangalore, are hereby quashed and set aside. Accordingly, the criminal petition is allowed.
5. The parties are directed to affix their signatures to the order sheet and the learned Counsels shall identify the same.
JT/-
Sd/- JUDGE