IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.5409 OF 2019 BETWEEN:
SRI. NATARAJA M.M S/O M.S. MAYANNA AGED ABOUT 44 YEARS NO.52, 1ST CROSS 1ST MAIN, RR LAYOUT NAGADEVANAHALLI BENGALURU-560 056 … PETITIONER (BY SHRI. TITO PAUL, ADVOCATE) AND:
1. STATE OF KARNATAKA BY STATION HOUSE OFFICER JNANABHARATHI P.S BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 2. SMT. DR. CHANDRAKANTHI L W/O NATARAJA M.M AGED ABOUT 42 YEARS NO.52, 1ST CROSS 1ST MAIN, RR LAYOUT NAGADEVANAHALLI BENGALURU-560 056 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R-1; SHRI. R. KATHIK, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.113/2018, NOW C.C.NO.23802/2018 PENDING IN THE COURT OF THE HON'BLE IX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Tito Paul, learned advocate for the petitioner, Shri Nasrulla Khan, learned HCGP for the State and Shri R.Karthik, learned advocate for respondent No.2.
2. Dr.Chandrakanti.L-respondent No.2 initiated proceedings under Sections 498A and 506 of IPC against her husband (Nataraja) – petitioner herein in C.C.No.23802/2018 on the file of IX ACMM, Bengaluru.
3. Learned advocates for the petitioner and respondent No.2 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.5319/2018. The parties have reunited. As per clause 10 of the settlement, second respondent has agreed to co-operate for quashing of proceedings challenged in this petition. Accordingly, they have filed a Joint Affidavit of even date in this petition signed by the petitioner, respondent No.2 and their respective advocates with a prayer to quash the proceedings in C.C.No.23802/2018. They pray that this petition be disposed of in terms of the said Joint Affidavit.
4. The petitioner and respondent No.2 are present and identified by their respective advocates. Respondent No.2 submits that she has no objection for allowing this petition. They admit the contents of the Affidavit. The Joint Affidavit reads as follows:
“JOINT AFFIDAVIT We, 1. Nataraja M M (Petitioner), 44 years, S/o M S Mayanna and 2. Dr. Chandrakanthi L. (Respodnent No.2) 42 years, W/o Nataraja M M, both residing at No.52, 1st Cross, 1st Main, RR layout, Nagadevanahalli, Bengaluru-560 056, do hereby solemnly affirm and state on oath as follows:
1. That we are the parties in the instant case and we are conversant with the facts and circumstances of the case.
2. That this joint affidavit is filed unto that effect of stating that we have reunited and a settlement is reached unto that effect of resolving our disputes.
3. That the petition field by the Respondent No.2 for dissolution of marriage u/s 13 (1) (ia) of the Hindu Marriage Act in MC No.5319/2018 before the Hon’ble Principal Family Judge, Bengaluru is disposed off in lieu of reconciliation between the Petitioner and the Respondent No.2, and the certified copies of the Order copy and the Settlement Agreement is herewith produced as Annexure-A & B for the kind perusal of this Hon’ble Court.
4. That as we have reunited and as we have voluntarily agreed to live together as husband and wife and discharge marital obligations, hence this joint affidavit to affirm the same and pray that the FIR in Cr No.113/2018 (CC No.23802/2018) before the file of the Hon’ble IX Addnl. Chief Metropolitan Magistrate, Bengaluru be quashed by this Hon’ble Court.
WHEREFORE it is prayed that this Hon’ble Court may be pleased to quash the FIR in Cr. No.113/2018, now CC No.23802/2018 pending in the court of the Hon’ble IX Addnl. Chief Metropolitan Magistrate, Bengaluru.
What is stated above is true and correct to the best of our knowledge, information and belief.” (sic) 5. The criminal proceedings under Section 498-A of IPC have stemmed out of matrimonial dispute between the parties. Parties have resolved the matrimonial dispute amicably. In the circumstances, no useful purpose would be served by continuing the criminal proceedings challenged in this petition. Therefore, it is just and appropriate to quash the said criminal proceedings and accordingly all proceedings in C.C.No.23802/2018 pending on the file of IX ACMM, Bengaluru, are quashed.
6. Petition is accordingly disposed of.
No costs.
Sd/- JUDGE AV