IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2588/2015 BETWEEN:
1. SRI NATARAJU S/O LATE VISHAKHANTAPPA AGED ABOUT 39 YEARS 2. SMT. SAVITHRAMMA W/O LATE VISHAKHANTAPPA AGED ABOUT 65 YEARS BOTH ARE R/AT NO.2501, 5TH CROSS NEW KATHARAJE URS ROAD K.G. KOPPAL, MYSORE – 570 023.
... PETITIONERS (BY SRI M. PRABHAKAR, ADVOCATE FOR PETITIONER NO.1) AND:
1. STATE OF KARNATAKA BY WOMAN POLICE STATION MYSORE CITY MYSORE – 570 001.
2. SMT. LAKSHMI W/O NATARAJA AGED ABOUT 34 YEARS R/AT DODDARAPPANAHALLI PAPER TOWN MARGA BHADRAVATHI – 577 301.
... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1 R2 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.333/2006 WHICH IS PENDING BEFORE THE HON’BLE IV ADDL. SENIOR CIVIL JUDGE & JMFC AT MYSORE AT ANNEXURE-F AND THE CONSEQUENTIAL FIR IN CRIME NO.29/2006 REGISTERED BY THE FIRST RESPONDENT – MSYORE WOMAN POLICE AGAINST THE PETITIONERS AT ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for petitioners has filed a memo reporting death of petitioner No.2. In view of the said memo, proceedings against petitioner No.2/accused No.2 stands dismissed as abated.
2. Heard learned counsel for petitioner and learned Additional SPP for respondent No.1. Respondent No.2 is duly served and unrepresented. Perused the records.
3. Learned counsel for petitioner has drawn my attention to the Memorandum of Settlement arrived at between petitioner No.1 and respondent No.2 before the Mediation Centre in M.C.No.222/2009. One of the terms of settlement reads as under:
“There is a criminal case pending before the 4th ACJ & CJM, Mysore in C.C.No.333/2006 filed as one complaint of the respondent and further she has agreed to cooperate with the petitioners in getting the said case compromised.”
4. Based on the above settlement, the Family Court, Mysuru has passed the final order dated 10.01.2011 dissolving the marriage between petitioner No.1 and respondent No.2 under Section 13(i)(ia&b) of Hindu Marriage Act. The aforesaid settlement is made a part of the decree. As a result, the terms of the aforesaid settlement having been duly acted upon, no useful purpose would be served in continuing with the proceedings against petitioner No.1 as the respondent No.2 has withdrawn all the allegations made against petitioner No.1.
Accordingly, petition is allowed. The proceedings pending in C.C.No.333/2006 on the file of the IV Additional Senior Civil Judge and JMFC at Mysuru is quashed.
Sd/- JUDGE ca