IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.650 OF 2017 BETWEEN:
SRI.G.M.ANANTHAJYOTHI S/O PARAMASHIVAIAH AGED ABOUT 34 YEARS RESIDENT AT NO.182 EWS QUARTERS DEVRAJ URS EXTENSION DAVANAGERE …PETITIONER (BY SHRI GOPALAKRISHNAMURTHY C., ADVOCATE) AND:
1. STATE BY BIRUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001.
2. SMT. KAVITHA @ VANITHA W/O LOHITHKUMAR AGED ABOUT 30 YEARS R/O MARGADA CAMP BIRUR TOWN KADUR TALUK CHIKKAMAGALURU DISTRICT … RESPONDENTS (BY SMT. K.P.YASHODHA, HCGP FOR R1;
SHRI K.M.THIRTHAPPA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR FILED BY THE 1ST RESPONDENT POLICE IN CR.NO.216/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KADUR, VIDE ANNEXURE-A DATED 11.11.2016 AS AGAINST THE PETITIONER HEREIN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by an Advocate representing husband in matrimonial proceedings in M.C.No.286/2015. The respondent (wife) in matrimonial proceedings Smt.Vanitha filed a complaint registered as FIR No.216/2016 on 11.11.2016 in Birur police station against petitioner alleging that he was instigating her husband to give divorce.
2. Petitioner was representing one A.N.Lohithkumar who had filed M.C.No.286/2015 against his wife seeking restitution of conjugal rights. While the said matter was pending consideration, the respondent filed the instant complaint. The complainant got her matrimonial dispute settled in M.C.No.89/2018 before the Family Court, Chikkamagaluru.
3. Learned advocates for the petitioner and second respondent jointly submit that parties have settled the matter amicably. Accordingly, joint affidavit signed by both petitioner and second respondent has been filed. They pray that this petition may be disposed of in terms of the joint affidavit.
4. Petitioners and second respondent are present before the Court and identified by their respective advocates. Second respondent submits that she has agreed to co-operate for quashing the proceedings as the matter has been amicably settled between the parties.
5. The joint affidavit filed by the petitioner and second respondent, reads as follows:
“I, Sri.G.M.Ananthajyothi S/o Paramashivaiah, Aged about 36 years, R/o Door No.182, EWS Quarters, Deveraj Urs Extension, Davanagere-577001 accused No.4 in Cr.No.216/2016, and I, Smt. Kavitha @ Vanitha W/o Lohithkumar, Aged about 33 years, R/o Margada Camp, Birur Town, Kadur Taluk, Chikkamangluru District-577116 both do hereby solemnly affirm and state on oath as follows today at Bangalore:
3. The respondent No.2 is the legally wedded wife of one Mr.Lohithkumar, and petitioner is the advocate on record to Mr.Lohithkumar in the trial court.
4. The respondent No.2 wife of one Mr.Lohithkumar, initiated proceedings under Section 498-A, 323, 504, 506, 114 r/w 34 of IPC and Section 3 & 4 of Dowry Prohibition Act, Respondent No.2 filed a case in Crime No.216/2016 on the file of the Civil Judge and C.J.M at Kadur, before the Respondent No.1 Police, petitioner is seeking to quash the FIR.
5. Both parties submit that they have settled the matter in Crime No.216/2016 and also in Mediation Centre, Chikkamagaluru in M.C.No.89/2018, Family Court, Chikkamagaluru, the true copy of the agreement/affidavit in M.C.No.89/2018 is furnishing for the kind perusal of this Hon’ble Court, with the intervention of elders, well-wishers and family members of one Mr.Lohithkumar, both the petitioner and Respondent No.2.
6. Respondent No.2 submits that she has agreed to co-operate in quashing of the proceedings in Crime No.216/2016 pending on the file of Civil Judge and C.J.M at Kadur, has no objection to quash the said proceedings.
7. It is stated that the above compromise entered between the parties without any threat, force and coercion or fraud or misrepresentation but with free will and consent of both the parties. Hence, both the Petitioners and Respondent No.2 respectfully pray that this Hon’ble Court may be pleased to quash the proceedings as prayed in the main petition to meet the ends of justice.”
(emphasis supplied) 6. The parties having amicably settled the matter, no useful purpose would be served in continuing the criminal proceedings against the petitioner.
7. Resultantly, this petition merits consideration and accordingly, it is allowed. All proceedings in Crime No.216/2016 pending on the file of the Senior Civil Judge & JMFC, Kadur are quashed so far as petitioner is concerned.
In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration; it stands disposed of.
No costs.
Sd/-
JUDGE hkh.