IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.480 OF 2019 BETWEEN:
1. SRI BALAJI R S/O RANGASWAMY AGED ABOUT 36 YEARS R/AT NO.3/1664, NEW COLONY VENNAMPATTI ROAD, DHARMAPURI TAMIL NADU.
2. SMT. KUMUDHA W/O SRI R. RANGASWAMY AGED MAJOR R/AT NO.3/ 1664, NEW COLONY VENNAMPATTI ROAD, DHARMAPURI TAMIL NADU.
3. SMT. VINODHINI W/O SRI RAJAVENKATESH AGED ABOUT 39 YEARS R/AT NO.22, 1ST CROSS UDAYANAGAR, CHIKKALLASANDRA BENGALURU – 560061.
4. SRI SHIVAKUMAR S/O SRI KRISHNA AGED ABOUT 47 YEARS R/AT NO.26, AMBEDKAR ROAD DHARMAPURI-63671 TAMIL NADU.
5. SRI MARRIYAPPAN S/O LATE SRI AKKUMARI AGED ABOUT 49 YEARS R/AT NO.1/491 VENNUMAPATTI ROAD DHARMAPURI TAMIL NADU.
(BY SRI SHAJI T. VERGHESE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY H.S.R. LAYOUT POLICE STATION [THE RESPONDENT IS REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE – 01] 2. SMT. HEMAVATHI M W/O SRI R. SRI BALAJI AGED ABOUT 31 YEARS R/AT NO. A-3-306, GENESIS SARJAPURA OUTER RING ROAD BENGALURU - 560102.
…PETITIONERS …RESPONDENTS (BY SMT. K.P. YASHODHA – HCGP FOR R-1; SRI M. DEVARAJU – ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.
945/2014 WHICH CHARGE SHEETED VIDE C.C. NO.
22031/2015 FOR THE OFFENCE P/U/S 498(A), 506 OF IPC, 3 AND 4 OF D.P. ACT R/W SEC. 34 OF IPC, WHICH IS NOW PENDING ON THE FILE OF THE LEARNED VI-ACMM AT BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Second respondent initiated criminal proceedings against her husband and relatives for the offences punishable under Sections 498(A), 497, 506 read with Section 34 of IPC and Sections 3 and 4 of D.P.Act. Subsequently, she filed a matrimonial dispute in M.C.No.3384/2016 on the file of Principal Judge, Family Court, Bengaluru, wherein a decree of divorce has been granted.
2. Heard Shri Shaji T.Verghese, learned advocate for the petitioners and Smt.K.P.Yashodha learned HCGP for the State and Shri M.Devaraju for respondent No.2.
3. Learned advocates for the petitioners and 2nd respondent jointly submit that the parties have settled the matrimonial dispute amicably before the Bengaluru Mediation Centre and filed a memorandum of settlement in M.C.No.3384/2016. As per clause 6 (v) of the said settlement, parties have agreed that second respondent- wife would co-operate for quashing of proceedings in C.C.No.22031/2015 pending on the file of VI ACMM, Bengaluru. Accordingly, they have filed a Joint Affidavit of even date in this petition, duly signed by the petitioners, respondent No.2 and their respective advocates with a prayer to quash the proceedings in C.C.No.22031/2015. They pray that this petition may be disposed of in terms of the said Joint 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 Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
“We, Sri Balaji R, S/o Rangaswamy, Aged about 36 years, R/at No.3/1664, New Colony, Vennampatti Road, Dharmapuri, Tamil Nadu the Petitioner no.1 and Hemavathi M, D/o V.Muniraju, Aged about 31 years, R/at No.A-3- 306, Genesis, Sarjapura Outer Ring Road, Bangalore the Respondent No.2 do hereby solemnly affirm and state as follows:
1. That we the Petitioner no.1 & Respondent no.2 are husband and wife and are the concerned parties to the said case and are aware of the facts and circumstances of the said case.
2. That we got married at Meenakshi Kalyana Mantapa, Bannerghatta Road, Bangalore on 04/09/2014, afterwhich a complaint was registered in the Respondent no.1 Police in crime no.945/2014 for offences punishable u/s 498(A) R/w 34 of IPC and u/s 3 & 4 of DP Act, after the investigation the Respondent Police filed a charge sheet vide No.22031/2015 for offences punishable u/s 498(A), 497, 506 R/w 34 of IPC and u/s 3 & 4 of DP Act.
3. That after which the Respondent no.2 filed a suit for dissolution of marriage u/s 13(1) (a) of The Hindu Marriage Act, 1955 before the IV Additional Principal Family Judge, Bangalore in MC No.3384/2016.
4. That the matter has been amicably settled between us before the IV Additional Principal Family Judge, Bangalore in MC No.3384/2016 and the said matter has been disposed on 05/11/2018 with a condition to file a criminal petition for quashing the proceedings in C.C.No.22031/2015 with our due cooperation.
5. That we filed a memo before the Hon’ble 6th Additional Chief Metropolitan Magistrate Court, Bangalore on 06/12/2018 stating that the matter is settled in mediation held in MC No.3384/2016.
6. That this Hon’ble Court may take this into consideration and pass the necessary orders as this Hon’ble Court may deem fit.
This is our name and signature and the contents sworn to in the affidavit are true and correct to the best of our knowledge and belief.”
5. 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 CC.No.22031/2015 pending on the file of VI Additional Chief Metropolitan Magistrate Court, Bangalore are quashed.
6. Petition is accordingly disposed of.
No costs.
Sd/- JUDGE DKB