IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.38 OF 2019 BETWEEN:
1. SHIVA KUMAR A.N S/O ASHAWATHNARAYANA AGED ABOUT 33 YEARS 2. ASHAWATHNARAYANA S/O LATE RAMAPPA AGED ABOUT 69 YEARS 3. CHANDRAKANTA W/O ASHAWATHNARAYANA AGED ABOUT 59 YEARS PETITIONER NOS.1 TO 3 ARE RESIDING AT NO.1078/2, 4TH MAIN 12TH CROSS, M.C.LAYOUT VIJAYANAGAR BANGALORE-560 040 4. KOMALA W/O UMESH CHANDRA AGED ABOUT 38 YEARS 5. UMESH CHANDRA S/O RAMACHANDRA AGED ABOUT 42 YEARS PETITIONER NOS.4 & 5 ARE RESIDING AT MODERN CLOTH EMPRORIYAM MODERN GARMENTS M.G.ROAD, KOLAR-517 247 … PETITIONERS (BY SHRI. M. SHARASS CHANDRA, ADVOCATE) AND:
1. SMT. MANASA.B W/O SHIVA KUMAR AGED ABOUT 31 YEARS R/AT NO.195, 1ST BLOCK 1ST ‘K’ MAIN ROAD NAGARABHAVI 2ND STAGE BANGALORE 2. STATE OF KARNATAKA BY HALASURGATE WOMEN’S P.S, (REP. BY SPP HIGH COURT OF KARNATAKA) ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R2; SHRI. J. RAMAKRISHNA, ADVOCATE FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.25617/2017 OF RESPONDENT NO.2 HALASURGATE WOMENS POLICE AT BANGALORE WHICH IS PENDING IN THE COURT OF VI A.C.M.M AT BANGALORE BY ALLOWING THE PETITIONER AND THE RESPONDENT TO COMPOUND THE OFFENCE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is presented with a prayer to quash the proceedings in C.C.No.25617/2017 arising out of FIR No.99/2016 registered on 09.12.2016 in Halsurgate Women Police Station, Bengaluru, by respondent No.1-complainant alleging offences punishable under Section 498A of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, against petitioners. Petitioner No.1 is husband of respondent No.1. Petitioners No.2 & 3 are parents of petitioner No.1. Petitioners No.4 & 5 are sister & brother-in-law of petitioner No.1.
2. Heard Shri M.Sharass Chandra, learned advocate for the petitioners, Shri Nasrulla Khan, learned HCGP for the State and Shri J.Ramakrishna, learned advocate for respondent No.1.
3. Learned advocates for the petitioners and respondent No.1 jointly submit that parties have settled the matrimonial dispute amicably before the Bengaluru Mediation Centre and filed a memorandum of settlement in M.C.No.5089/2015. As per clause 5 of the said settlement, parties have agreed that first respondent-wife would co-operate for quashing of proceedings in C.C.No.25617/2017 pending on the file of Chief Metropolitan Magistrate Court, Bengaluru. Accordingly, they have filed a Joint Affidavit of even date in this petition, duly signed by petitioner No.1, respondent No.1 and their respective advocates with a prayer to quash the proceedings in C.C.No.25617/2017. They pray that this petition be disposed of in terms of the said Joint Affidavit.
4. The petitioners and respondent No.1 are present and identified by their respective advocates. They admit the contents of the Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
“JOINT AFFIDAVIT WE, (1) Shiva Kumar, A.N., S/o Ashwattanarayana, Aged about 33 years, resident of No.1078/2, 4th Main, 12th Cross, M.C. Layout, Vijayanagar, Bengaluru- 560 040, (2) Smt. Manasa B. W/o. Shivakumar A.N. aged 31 years, R/at No.195, 1st block, 1st ‘K’ Main Road, Nagarabhavi 2nd Stage, Bengaluru, do hereby solemnly affirm and state as follows:-
1. The petitioner is the husband and Respondent -1 is the wife.
2. The Respondent-1-wfie intended prosecution under Section 498-A I.P.C. & Sec. 3 & 4 of D.P. Act against the petitioner No.1 to 5 and also the petitioner filed the M.C. case against the Respondent-1 in M.C. No.5089/2015.
3. The Respondent-1 filed the case against the petitioner No.1 to 5 offence punishable under Section Sec. 498A of IPC & Sec. 3 & 4 of D.P. Act. in C.C. No.25617/2017 pending before the Hon’ble 6TH ACMM, at Bengaluru.
4. Both the parties submit that, they have settled the matter in M.C. No.5089/2015 before the Hon’ble 5th Addl. Prl. Family Court at Bengaluru and also Mediation Centre at Bengaluru.
5. The petitioner-husband has agreed to pay sum of Rs.20,00,000/- to the respondent-1-wife towards the maintenance permanent alimony at full and final settlement and as accordingly tendered D.D. No.010991 and 010992 dated:15-11-2018, drawn on HDFC Bank, Vijayanagar, Bengaluru Branch.
6. We, the Deponent hereby declare i.e. our name and signature and what is stated above in paragraphs are true and correct to the best of our knowledge, information and belief.”
5. The criminal proceedings under Section 498A of IPC 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.25617/2017 pending on the file of VI ACMM, Bengaluru, are quashed.
6. Petition is accordingly disposed of.
No costs.
Sd/- JUDGE AV