IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2371 OF 2019 BETWEEN:
1. SANDEEP GOWDA S/O SIDDARAJU AGE 37 YEARS RESIDING AT NO.66, 2ND MAIN VINAYAKA LAYOUT, 3RD STAGE VIJAYANAGAR BANGALORE-560 040 2. SMT. GEETHA W/O SIDDARAJU AGE 63 YEARS RESIDING AT NO.66, 2ND MAIN VINAYAKA LAYOUT, 3RD STAGE VIJAYANAGAR BANGALORE-560 040 … PETITIONERS (BY SHRI. K. DHIRAJ KUMAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY P.S.I.
CHANDRA LAYOUT POLICE STATION BANGALORE-40 REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BUILDING BANGALORE-560 001 2. SMT. SUCHITRA V @ V. CHIKKANALINI D/O SRI M.S. VISHWANATH AGE 33 YEARS ESTRANGED W/O SANDEEP GOWDA RESIDING AT FLAT NO.7 BUILDING NO.28, 2ND MAIN BEHIND ATTIGUPPE PETROL PUMP ATTIGUPPE, VIJAYANAGAR BENGALURU-560 040 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R-1; SHRI. B. MOHAN, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDING IN C.C.NO.12791/2014 PENDING ON THE FILE OF VIII ADDITIONAL CITY METROPOLITAN MAGISTRATE BENGALURU FOR OFFENCE P/U/S 498-A R/W SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT ARISING OUT OF THE CIRME NO.452/2013 REGISTERED BY CHANDRA LAYOUT POLICE STATION, BENGALURU CITY.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Respondent No.2 initiated proceedings in C.C.No.12791/2014 pending on the file of VIII Additional C.M.M., Bengaluru, alleging commission of offences punishable under Section 498A read with Section 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, against petitioners. First petitioner is second respondent’s husband and petitioner No.2 is mother of first petitioner.
2. Heard Shri K.Dhiraj Kumar, learned advocate for the petitioners, Shri Nasrulla Khan, learned HCGP for the State and Shri B.Mohan, learned advocate for respondent No.2.
3. Learned advocates for the petitioners and respondent No.2 jointly submit that the parties have settled the matrimonial dispute amicably by filing a joint memo in CRL.RP.No.271/2016 and connected matters decided on 01.03.2019. It is recorded in Paragraph No.4 of the said order that respondent No.2 agrees not to press the criminal prosecution in C.C.No.12791/2014 which is challenged in this petition. Accordingly, they have filed a Joint Memo of even date in this petition, duly signed by the petitioner No.1, respondent No.2 and their respective advocates with a prayer to quash the aforesaid criminal proceedings. They pray that this petition may be disposed of in terms of the said Joint Memo along with an affidavit.
4. The petitioners and respondent No.2 are present and identified by their respective advocates. They admit the terms of settlement stated in the Joint Memo along with affidavit, which reads as follows:
“JOINT MEMO The Petitioner No.1 and respondent no.2 begs to submit as under;
1. That the marriage of the petitioner no.1 and respondent no.2 was solemnized on 06.05.2011 at Tirumala Convention Hall, Dasarakoppalu, Salagame Road, Hassan and was registered on 19.08.2011 in the office of the Registrar of Marriage, Mysore.
2. That on account of differences between petitioner no.1 and respondent no.2, they started living separately. Petitioner no.1 filed a petition U/s.13 (1a) of Hindu Marriage Act, seeking for dissolution of his marriage with respondent no.2 on the file of VI Addl. Family Court, Bangalore in MC No.4344/2013 and respondent no.2 filed a petition for restitution of conjugal rights in MC No.2276/2014 on the file of VI Addl.Family Court, Bangalore.
3. That respondent no.2 had given first information report against petitioners for offence punishable U/s. 498A r/w Sec.3 & 4 of Dowry Prohibition Act to Chandra Layout Police Station, who registered Crime No.452/2013 for offences punishable U/s 498A r/w 34 IPC, Sec.3 & 4 of DP Act. After completion of investigation, charge sheet has been field against the petitioners for offences punishable U/s.498A r/w 34 IPC, Sec.3 & 4 of DP Act on the file of VIII Addl. Chief Metropolitan Magistrate, Bangalore in CC No.12791/2014.
4. That the respondent no.2 had also initiated proceedings under domestic violence Act, which came upto this Hon’ble Court in Crl.R.P.No.271/2016 and Crl.R.P.No.971/2015. Both these Petitions were disposed of recording joint memo field by Petitioner No.1 & respondent no.2 on 01/03/2019 by this Hon’ble Court. Copy of the order recording joint memo and photo identity card of Petitioner No.1 and respondent no.2 are produced herewith for the kind perusal of this Hon’ble Court.
5. That in the said proceedings, parties had agreed to put quietus to all issues and accordingly, marriage of Petitioner No.1 with respondent no.2 is dissolved by the decree passed in M.C.No.4344/2013 dated 14.06.2019 by the learned VI Addl Principal Judge, Family Court, Bangalore. Copy of the decree and settlement is produced herewith for the kind perusal of this Hon’ble Court.
6. That the respondent no.2 does not intend to prosecute the charges for offences punishable U/s.498A r/w 34 IPC, Sec.3 & 4 of DP Act pending on the file of VIII Addl. Chief Metropolitan Magistrate, Bangalore in CC No.12791/2014 in view of the settlement recorded. Respondent no.2 has also received a sum of Rs 18,50,000/- from Petitioner No.1 towards permanent alimony in the following manner;
i) A sum of Rs 5,00,000/- (rupees five lakhs only) vide Demand Draft No.846085 dated 29.05.2019 drawn on HSBC Bank, Bangalore ii) A sum of Rs 13,50,000/- (Rupees thirteen lakhs fifty thousand only) vide demand draft No.846221 dated 07.06.2019 drawn on HSBC Bank, Bangalore.
PRAYER Hence both the parties most humbly pray that this Hon’ble Court may be pleased to quash all further proceedings in CC No.12791/2014 pending on the file of VIII Addl. Chief Metropolitan Magistrate, Bangalore for offences punishable U/s.498A r/w 34 IPC, Sec.3 & 4 of DP Act in the interest of justice.”
“AFFIDAVIT We, Sandeep Gowda s/o M.S.Geetha, aged about 34 years, r/at No.66, 2nd Main, Vinayaka Layout, 3rd Stage, vijayanagara, Bengaluru 560 040 and V.Suchitra @ V.Chikka Nalini w/o Sandeep Gowda, d/o M.S.Vishwanath, aged about 33 years, r/at Flat No.7, Building No.28, 2nd Main, Behind: Attiguppe Petrl (sic petrol) Bunk, Attiguppe, Vijayanagara, Bengaluru 560 040 do hereby solemnly affirm as follows:
1. We are the 1st Petitioner and 2nd Respondent in the above case and we know the facts of the case and hence we swear this affidavit.
2. We state that the Statements made in paras 1 to 6 of the Joint Memo are true to the best of our knowledge, belief and information.
3. We state that the documents produced along with Joint Memo are true copies of their originals.
4. What is stated are true and correct to the best of our knowledge, belief and information.”
5. The criminal proceedings under Section 498-A of IPC have stemmed out of matrimonial dispute between the parties. Parties have resolved the matrimonial dispute amicably and they have decided to live separately. In the circumstances, no useful purpose would be served by continuing the criminal proceedings. Therefore, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C.No.12791/2014 arising out of FIR No.452/2013 registered in Chandra Layout Police Station, Bengaluru, pending on the file of VIII Additional C.M.M., Bengaluru, are quashed.
6. Petition is accordingly disposed of.
No costs.
Sd/- JUDGE AV