IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5391/2017 BETWEEN:
1. SHAKTIVELU S/O. R. SHAMODHARAN, AGED ABOUT 33 YEARS, 2. SMT. ANJALA S/O. R. SHAMODHARAN, AGED ABOUT 33 YEARS, 3. SMT. AMMU D/O. R. SHAMODHARAN, AGED ABOUT 33 YEARS, 4. SMT. SUGANDI D/O. R. SHAMODHARAN, AGED ABOUT 33 YEARS, PETITIONERS NO.1 TO 4 ARE RESIDING NO.112, 2ND CROSS, 4TH MAIN ROAD, MAHALAKSHMI LAYOUT, BANGALORE – 56.
(BY SRI. BHYRESH V, ADVOCATE) AND:
1. STATE OF KARNATAKA BY MAHALAKSHMI PURA POLICE REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING, ...PETITIONERS BANGALORE – 01 2. SMT. RAMYA R W/O. SHAKTIVELU, AGED ABOUT 33 YEARS, RESIDING AT NO.10/1, BDG LANE, RANASINGHPET, COTTONPET, BANGALORE-02 ... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1; SRI. PRABHUGOUD, ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C. PRAYING TO QUASH THE FIR REGISTERED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONERS IN CRIME NO.254/2016 PENDING ON THE FILE OF VII A.C.M.M., BENGALURU FOR THE ALLEGED OFFENCE P/U/S 498A, 504, 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who have been arraigned as accused in Cr.No.254/2016 registered by Mahalakshmipuram Police Station for the offences punishable under Sections 498A, 504, 506 and 34 of IPC r/w Sections 3 and 4 of Dowry Prohibition Act, 1961, are seeking for quashing of said proceedings.
2. Today learned Advocates appearing for both parties have filed a Joint Memo stating thereunder that marriage solemnised between first petitioner and second respondent herein has been dissolved as per the judgment passed in M.C.No.340/2017 by the Family Court, Bangalore. Learned counsel appearing for petitioners has also made available copy of the agreement of memorandum of settlement drawn in mediation, which came to be accepted by the Family Court.
3. A perusal of said agreement as well as contents of Joint Memo would disclose that complainant was married to first petitioner herein on 09.07.2014 and they have entered into settlement in view of M.C.No.340/2017 being filed under Section 13-B of the Hindu Marriage Act, 1955, jointly seeking dissolution of their marriage by mutual consent.
4. Under the said agreement first petitioner has agreed to pay a sum of ` 3,50,000/- as permanent alimony in full and final settlement and accordingly said amount has been paid to second respondent, receipt of which is duly acknowledged by second respondent who is present before Court. Second respondent complainant also submits that she has no objection for proceedings initiated by her against second respondent now pending in Cr.No.254/2016 being quashed and she also states that without any force, threat or coercion she has agreed for withdrawing the complaint and as such, she has stated that proceedings pending before trial Court can be quashed.
5. Petitioners are also present before Court.
Parties present before Court are duly identified by their respective learned Advocates by producing photocopies of the identity cards issued by statutory authorities along with a memo and in token of having identified them, learned Advocates have also affixed their signatures to the photocopies of identity cards. By placing the Joint Memo as well as memo enclosing photocopies of identity cards on record, this Court is of the considered view that prayer sought for by the petitioners deserves to be granted particularly in the background of law laid down by the Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, wherein it has been held that Court exercising power under Section 482 of Cr.P.C. can quash the proceedings if it relates to matrimonial dispute and same having been settled against them.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings pending against petitioners in Cr.No.254/2016 on the file of VII Addl. Chief Metropolitan Magistrate, Bangalore, is hereby quashed.
SD/- JUDGE DR