IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.1322 OF 2015 A/W CRIMINAL PETITON NO.3416 OF 2017 In Crl.P. No.1322/2015 Between:
1. Sri. H. Shashikumar, Aged 59 years, S/o late B.V. Hanumantha Rao, R/o T.M. Road, Koppa – 577 126, Chickmagalur District.
2. Smt. H.S. Damayanthi, Aged 46 years, W/o Sri. Shashikumar, R/o T.M. Road, Koppa – 577 126, Chikmagalur District.
3. Smt. Shakunthalamma, Aged 79 years, W/o late B.V. Hanumantha Rao, R/o T.M. Road, Koppa – 577 126, Chikmagalur District.
4. Sri. B.V. Prabhakar, Aged 73 years, S/o late B. Venkatarama Rao, R/o No.6, 11th Cross, 7th Main, N.R. Colony, Bangalore – 560 019.
5. Smt. Gayathri, Aged 67 years, W/o Sri. B.V. Prabhakar, R/o No.6, 11th Cross, 7th Main, N.R. Colony, Bangalore – 560 019.
6. Smt. Siri, Aged 44 years, W/o Sri. Chandrakumar, R/o No.13, 10th Main, 4th Cross, Halanahalli Layout, Mysore – 570 001.
7. Sri. Chandrakumar, Aged 45 years, S/o late S. Raju Mudaliar, R/o No.13, 10th Main, 4th Cross, Halanahalli Layout, Mysore – 570 001. …Petitioners (By Shri. Shantakumar K.C., Advocate) And:
1. The State of Karnataka, Represented by its Inspector of Police, Women Police Station, Mysore City – 570 001.
2. Smt. Ramyashree, Major, W/o Sri. K.S. Bharath Kumar, R/o No.240, 17th Main Road, 5th Cross, J.P. Nagar II Stage, E Block, Mysore – 570 001. …Respondents (By Shri. Sandesh J Chouta, SPP – II for R1; Shri. M. Mahesha, Advocate for R2) ---
This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.271/2014 on the file of the III Addl. Senior Civil Judge and C.J.M., at Mysore as void, devoid of Jurisdiction, and as resulting in an abuse of the process of the Court below, in so far as the same pertains to the petitioners only.
In Crl.P. No.3416/2017 Between:
Sri. Bharath Kumar, Aged 33 years, S/o Sri. H. Shashikumar, R/o T.M. Road, Koppa – 577 126, Chickmagalur District. …Petitioner (By Shri. Shantakumar K.C., Advocate) And:
1. The State of Karnataka, Represented by its Inspector of Police, Women Police Station, Mysore City – 570 001.
Represented - SPP, High Court of Karnataka, Bangalore – 01.
2. Smt. Ramyashree, Major, W/o Sri. K.S. Bharath Kumar, R/o No.240, 17th Main Road, 5th Cross, J.P. Nagar II Stage, E Block, Mysore – 570 001. …Respondents (By Shri. Sandesh J Chouta, SPP – II for State) ---
This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.271/2014 on the file of the III Addl. Senior Civil Judge and C.J.M., Mysore as void, devoid of Jurisdiction, and as resulting in an abuse of the process of the Court below.
These Petitions coming on for admission this day, the Court made the following:-
O R D E R Heard the learned counsel for the petitioners and the respondents. The first petitioner is said to be the father and the second petitioner is the mother and other petitioners are relatives of the petitioner in Crl.P.No.3416/2017. The petitioner in Crl.P.No.3416/2017 is said to have married the second respondent in Crl.P.No.1322/2015 in the year 2013. The marriage is said to have failed and the second respondent had thereafter filed a complaint alleging offence punishable under Section 498-A and 506 of the Indian Penal Code, 1860 read with Section 34 thereof against the petitioners herein and in the connected petition. It transpires that there are multiple proceedings apart from criminal complaint, namely, there was a petition for divorce filed by the second respondent and also she had invoked provisions of the Protection of Women from Domestic Violence Act, 2005 in which she had claimed maintenance and that matter having been referred to the Mediation that decree of divorce has been granted and in view of the decree of divorce having been granted at the mediation there was a settlement arrived at whereby she agreed to receive a permanent alimony in a sum of Rs.5,60,000/- which has been paid. It was also agreed that the criminal proceedings could be closed. However, since the offences alleged were non compoundable the present petitions are filed.
The parties are present before the court. In view of the settlement arrived at and in view of the law laid down by the Supreme Court in the case of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 these petitions are summarily allowed. The proceedings pending in C.C. No.271/2014 on the file of the III Additional Senior Civil Judge and C.J.M. at Mysuru stands quashed against the petitioners in Crl.P.No.1322/2017 as well as the petitioners in Crl.P.No.3416/2017.
Sd/- JUDGE ykl