IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY DECEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS CRIMINAL PETITION NO.6589 OF 2016 BETWEEN 1 . SMT SHARADAMMA W/O H.N.APPAJIGOWDA PARAMA FARM HOUSE SUNDAHALLI POST SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK-573135 HASSAN DISTRICT 2 . SMT. H.A.SAVITHA @ PANKAJA W/O A.C.CHAMARAJEGOWDA NO.1279, 4TH CROSS 4TH MAIN, T.K.LAYOUT PADUVANA ROAD MYSORE-23 3 . SRI. A.C.CHAMARAJEGOWDA S/O CHENNEGOWDA SELECTION GRADE EXECUTIVE ENGINEER, OFFICE OF K.E.CHIEF ENGINEER KWWS & DB KALABURAGI RESIDENT OF NO.1279, 4TH CROSS, 4TH MAIN, T.K.LAYOUT, PADUVANA ROAD, MYSORE-23 4 . SMT. H A PRABHAVATHI @ MANJULA W/O K MANJUNATH, AGE: MAJOR, DOOR NO.1, JANATA COLONY, NEAR WATER TANK CHANNARAYAPATNA - 571 116 HASSAN DISTRICT.
5 . SRI MANJUNATH S/O KEMPAIAH, AGE: MAJOR, RETIRED SENIOR SUPERINTENDENT MPM, DOOR NO.1, JANATA COLONY, NEAR WATER TANK CHANNARAYAPATNA - 571 116 HASSAN DISTRICT.
6 . SRI H A RAMESH S/O APPAJIGOWDA, AGED 43 YEARS, PARAMA FARM HOUSE, SUNDAHALLI POST, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK - 573 135 HASSAN DISTRICT.
...PETITIONERS (BY SRI VENKATESH R BHAGAT, ADVOCATE) AND 1 . STATE OF KARNATAKA BY SHRAVANABELAGOLA POLICE IN THE HIGH COURT BY SPP PIN- 573135 2 . SMT. SANDHYA KUMARI W/O H A RAMESH, AGED ABOUT 32 YEARS, PRESENT ADDRESS RESIDENT OF VIVEKANANDANAGAR, CHANNARAYAPATNA - 571 116.
POSTAL ADDRESS PARAMA FARM HOUSE, SUNDAHALLI POST, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK - 573 135 HASSAN DISTRICT.
…RESPONDENTS (BY SRI MAHESH SHETTY, HCGP FOR R1 SRI DHARMAPAL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF SR. CIVIL JUDGE AND JMFC, CHANNARAYAPATNA IN C.C.NO.123/2011 AT ANNEXURE-A AND CONSEQUENTLY ORDER DATED 05.07.2016 PASSED U/S 319 OF CR.P.C. AT ANNEXURE-A AS ITS CONTINUATION IS ABUSE OF PROCESS OF LAW.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
On 04.12.2019, following order was passed:
“The 2nd respondent-wife and the 6th petitioner have already entered into a compromise in O.S.No.653/2013, which is a suit field for partition and separate possession as regards the 2nd respondent- wife and the 6th petitioner-husband. It has been agreed in the compromise petition that two items of properties shall be handed over to the 2nd respondent-wife and her son in lieu of permanent alimony. The 2nd respondent-wife has agreed to withdraw the complaint filed under Section 498-A of IPC in C.C.No.123/2011. The 2nd respondent- wife and the 6th petitioner-husband have also agreed to secure a decree of divorce.
Learned counsel for the 2nd respondent- wife submits that the 6th petitioner has not handed over the original title deeds in respect of item Nos.1 and 2 as per the compromise decree.
Learned counsel for he petitioners is hereby directed to keep the petitioners present on the next date of hearing along with the original title deeds with respect to item Nos.1 and 2 properties. If it is a case, where there is no original deed that could be parted, then the 6th petitioner has to file necessary affidavit in that regard.
The 6th petitioner-husband and the 2nd respondent-wife are hereby directed to be present before this Court on the next date of hearing.”
2. Learned counsel for the petitioners has filed an affidavit dated 13.02.2019 of the 6th petitioner-husband. It is stated in the affidavit that the original sale deed dated 19.03.2001, original sale agreement dated 09.03.2001 and certified copy of Registered Will dated 28.12.1981 executed by the grandfather of the 6th petitioner-husband, have been handed over to the 2nd respondent – wife along with the original of Partition Deed dated 06.08.2013.
3. The 2nd respondent-wife is present before this Court. The 2nd respondent-wife admits, to have received documents as stated above. In that view of the matter, the 2nd respondent submits that the criminal petition may be allowed.
4. The 6th petitioner-husband is also present before this Court.
5. In view of the aforesaid, the criminal petition is allowed. All the further proceedings in C.C.No.123/2011, pending on the file of Senior Civil Judge and JMFC, Channarayapatna, is hereby quashed and set aside.
The 6th petitioner-husband and the 2nd respondent-wife are directed to sign the order sheet and their respective counsels shall identify their signatures.
It is ordered accordingly.
Sd/- JUDGE DL