IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9173 OF 2018 BETWEEN:
SHRI SANTOSH A.FERNANDES AGED ABOUT 37 YEARS, S/O LATE A.B.FERNANDES, R/AT KAZIWADA, NEAR TOLNAKA, SADASHIVAGAD POST, KARWAR UTTAR KANNADA-581 352.
(BY SHRI K.PRASANNA SHETTY, ADVOCATE) AND:
1. STATE BY C.K.ACHUKATTU POLICE STATION, BENGALURU, REP. BY OFFICE OF SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
…PETITIONER 2. SMT. SANDRA A AGED ABOUT 34 YEARS, D/O ANGELA FERNANDES, R/AT NO.29, OM SHAKTHI NILAYA, IIND FLOOR, 6TH CROSS, C T BED, BANASHANKARI IIND STAGE, BANGALORE-560 070.
(BY SMT. K.P.YASHODHA, HCGP FOR R1 … RESPONDENTS SRI DINESHKUMAR K. RAO, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.4920/2015 FOR THE OFFENCE P/U/S 498A OF IPC AND SEC.3,4 OF D.P ACT PENDING ADJUDICATION BEFORE THE II A.C.M.M., BANGALORE AND INTER-ALIA QUASHING THE FIR IN CR.NO.297/2014 DATED 17.09.2014 FILED BY THE 1st RESPONDENT POLICE THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri K.Prasanna Shetty, learned advocate for the petitioner and Smt. K.P.Yashodha, learned HCGP for respondent No.1-State and Shri Dineshkumar K.Rao, learned advocate for respondent No.2.
2. Learned advocates for the petitioner and 2nd respondent jointly submit that the parties have settled the matrimonial dispute amicably before the Bengaluru Mediation Centre and filed a memorandum of agreement in M.C.No.4173/2017. As per clause 7 of the said agreement, parties have agreed that second respondent-wife would cooperate for quashing of proceedings in C.C.No.4920/2015 pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru. Accordingly, they have filed a Joint Affidavit of even date in this petition, duly signed by the petitioner, respondent No.2 and their respective advocates with a prayer to quash the proceedings in C.C.No.4920/2015. They pray that this petition be disposed of in terms of the said Joint Affidavit.
3. The petitioner and respondent No.2 are present and identified by their respective advocates.
They admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
“JOINT AFFIDAVIT We, (1) Sri. Santosh A.Fernandes, Aged about 37 years, S/o Late A.B. Fernandes, R/at Kaziwada, Near Tolnaka, Sadashivagad Post, Karwar, Uttar Kannada-581 352, today at Bangalore, and (2) Smt. Sandra A, Aged about 34 years, D/o Angela Fernandes, R/at No.29, Om Shakthi Nilaya, IInd Floor, 6th Cross, C T Bed, Banashankari IInd Stage, Bangalore-
560 070, do hereby solemnly affirm and state on oath as follows:-
1. The Petitioner is the husband and Respondent No.2 is the wife.
2. The Respondent No.2, wife gave a complaint against the Petitioner before the Respondent No.1 Police and the said police registered a F.I.R No.297/2014 against the Petitioner under Section 498A of Indian Penal Code, Section 3 & 4 of Dowry Prohibition Act. After investigation the Respondent No.1 police filed the charge sheet against the Petitioner. That the Hon’ble II Additional Chief Metropolitan Magistrate was pleased to take the cognizance and it was numbered as C.C.No.4920/2015. The Respondent No.2 had also filed a Criminal Miscellaneous Petition No.156/2014 before the Hon’ble MMTC-VI, Bangalore under the provisions of Protection of Women from Domestic Violence Act. That the Hon’ble MMTC-VI by its Judgment dated 24.04.2018 held that there was no domestic violence on the Respondent No.2, however awarded Rs.2,00,000/- as compensation to the Respondent No.2. That the Petitioner challenged the same before Hon’ble LXVII Addl. City Civil and Session Judge (CCH-68) in Criminal Appeal No.1000/2018 and later the same was withdrawn by the Petitioner herein as not pressed.
3. The Respondent No.2 filed MC No.4173/2017 before the Hon’ble IV Addl. Principal Judge, Family Court at Bangalore under the Divorce Act praying for a decree of Divorce against the Petitioner herein. That, after the appearance of the Petitioner in the said case the Hon’ble Court, to explore the possibilities of settlement between the parties, was pleased to refer the same before the Bangalore Mediation Centre. In the mediation the Petitioner has amicably settled the controversy with the 2nd Respondent upon certain mutually agreed terms and conditions. That both the parties entered into a memorandum of agreement dated 26.10.2018 whereby the Respondent No.2 undertook not to prosecute the C.C.No.4920/2015 filed by her against the Petitioner herein for the offence punishable under Section 498-A of Indian Penal Code and Sections 3 & 4 of DP Act, which is pending before the Hon’ble IInd Additional Metropolitan Magistrate, Bangalore. That based on the said memorandum of agreement dated 26.10.2018, the Hon’ble IVth Addl. Principal Judge, Family Court at Bangalore was pleased to grant a decree of divorce by its Judgment dated 26.10.2018. In view of the settlement arrived at by the Petitioner No.1 and Respondent No.2 in the mediation settlement report, the respondent No.2 does not want to prosecute the CC No.4920/2015 further and has no objection to quash the said proceedings against the Petitioner, in the interest of justice.
4. In view of this settlement we pray for quashing of the proceedings against the Petitioners in CC No.4920/2015 pending on the file of II Additional Chief Metropolitan Magistrate, at Bengaluru.
5. What ever stated above is true and correct to the best of our knowledge, information and belief”.
4. The criminal proceedings under Section 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act have stemmed out of matrimonial dispute between the parties. Parties have settled the matrimonial dispute amicably. 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.4920/2015 on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
5. Petition is accordingly disposed of.
No costs.
Sd/- JUDGE PB