IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8309 OF 2016 BETWEEN:
1. SRI C R RAJEEV S/O C R RAMAKRISHNA AGED 37 YEARS # NO.106,DATTATREYA TEMPLE ROAD, T.G.S.LAYOUT, B.S.K.,3RD STAGE, BANGALORE-560 085 2. SMT PUSHPA W/O C R RAMAKRISHNA, AGED 64 YEARS # NO.106,DATTATREYA TEMPLE ROAD,T.G.S.LAYOUT, B.S.K., 3RD STAGE, BANGALORE-560 085 3. C R RAMAKRISHNA S/O RAMASWAMY SHETTY, AGED 71 YEARS # NO.106,DATTATREYA TEMPLE ROAD,T.G.S.LAYOUT, B.S.K., 3RD STAGE, BANGALORE-560 085 4. SMT PAVITRA W/O VIVEK, AGED 71 YEARS # NO.106,DATTATREYA TEMPLE ROAD,T.G.S.LAYOUT, B.S.K., 3RD STAGE, BANGALORE-560 085 (By Sri: SRIRAM SINGH, ADVOCATE) ... PETITIONERS AND 1. STATE OF KARNATAKA CHENNAMMANAKERE ACCHUKATTE POLICE STATION, BANGALORE-560 002 REPRESENTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA 2. SMT S R SOWMYA W/O C R RAJEEV AGED 33 YEARS # NO.230,5TH MAIN, 3RD AVENUE,TEACHERS COLONY, KORAMANGALA BANGALORE-560 034 ... RESPONDENTS (By Sri: VIJAYKUMAR MAJAGE, ADDL SPP.FOR R1 MISS RENY SEBASTIAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ALL FURTHER PROCEEDINGS IN C.C.NO.18853/2015 PLACED AT ANNEXURE-A, PENDING ON THE FIL EOF II ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and the learned Addl. SPP and the learned counsel for the respondent No.2.
The order dated 2.1.2017 dismissing the petition for non- prosecution is recalled. The petition is restored to file.
2. The petitioner No.1 Sri.C.R.Rajeev and his counsel Sriram Singh who is also appearing for the other petitioners is present. Respondent No.2 Smt.S.R.Sowmya and her counsel Ms.Reny Sebastian and Addl. SPP appearing for respondent No.1 are present.
3. Petitioner No.1 and respondent No.2 state that they have entered into an agreement under section 89 of CPC r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 and pursuant thereto, the marriage between the petitioner and respondent No.2 has been dissolved by a decree a divorce as per the orders passed in MFA.Nos.1553/2015 and 1554/2015. Further the petitioner No.1 and respondent No.2 submit that in terms of the above settlement, the respondent No.2 has already received a sum Rs.5,50,000/- towards permanent alimony. The balance amount of Rs.5,50,000/- is paid to respondent No.2 by way of demand draft bearing No.005641 dated 16.2.2017 drawn on the National Co-operative Bank Ltd., in the name of the second respondent, receipt of which amount the respondent No.2 hereby admits and acknowledges in full and final settlement of the permanent alimony. Further, the parties submit that in terms of the aforesaid agreement, respondent No.2 withdraws all allegations made against the petitioners which have given rise to the proceedings in C.C.No.18853/2015.
4. Both the parties admit the contents of the memorandum of agreement dated 30.7.2016. The petitioner No.1 has also sworn to an affidavit in terms of the aforesaid settlement. There is no legal impediment to accept the settlement arrived at by the parties. The charge sheet is filed under section 498A. Hence, in view of the settlement arrived at between the parties as reflected in the aforesaid agreement of settlement dated 30.7.2016, the proceedings in C.C.No.18853/2015 are quashed.
Accordingly, the criminal petition is disposed of.
Sd/- JUDGE Bss.