IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2800 OF 2019 BETWEEN:
1. SRI. SHARANKUMAR @ NANDAKUMAR S/O LATE NARAYANA SWAMY AGED ABOUT 36 YEARS R/AT NO 32, STEPHEN’S ROAD FRAZER TOWN BANGALORE-560 005 2. SMT. DHANALAKSHMI W/O LATE NARAYANA SWAMY AGED ABOUT 59 YEARS R/AT NO 32, STEPHEN’S ROAD FRAZER TOWN BANGALORE-560 005 … PETITIONERS (BY SHRI. R. KALYAN, ADVOCATE) AND:
1. THE STATE BY PULAKESHINAGAR POLICE REP. BY PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA AT BANGALORE-01 2. SMT. KAVYA D W/O SHARAN KUMAR @ NANDA KUMAR AGED ABOUT 28 YEARS R/AT NO 5, JAYARAMAIAH LAYOUT THOTADA GUDDADAHALLI NAGASANDRA POST BANGALORE-560 073 ... RESPONDENTS (BY SHRI. S. RACHAIAH, HCGP FOR R-1; SHRI. R. RAMESH, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.06.2018 PASSED BY THE XLV A.C.M.M., AT BENGALURU IN PCR NO.8166/2018 AND CONSEQUENTLY TO QUASH THE FIR NO.122/2018, DATED 04.08.2018, REGISTERED BY THE PULAKESHINAGARA POLICE (TRANSFERED FROM BAGALAGUNTE POLICE IN FIR NO.263/2018) DATED 10.07.2018 FOR THE ALLEGED OFFENCE P/U/S 323,324,498A,504 AND 506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Second respondent Kavya D. filed a private complaint in PCR No.8166/2018 before the XLV Additional Chief Metropolitan Magistrate, Bangalore. Learned Magistrate referred the case for investigation under Section 156(3) of Cr.P.C. Accordingly, FIR No.263/2018 was registered in Bagalagunte Police Station and subsequently, case has been transferred to Pulakeshinagar Police Station, registered as FIR No.122/2018 for offences punishable under Sections 498-A, 504 323, 506 324 of IPC and Sections 3 & 4 of the Dowry Prohibition Act against complainant’s husband and her mother in law, petitioners herein.
2. First petitioner Sharan Kumar initiated proceedings in M.C.No.2063/2019 under Section 13(I)(i-a) of the Hindu Marriage Act, 1955 for dissolution of his marriage. Parties have resolved the matrimonial dispute by filing a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. In paragraph No.6 of the memorandum of settlement, It is recorded that second respondent has agreed to co-operate for quashing of Crime No.122/2018, pending on the file of 11th ACMM, Bangalore.
3. The petitioners 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. Sri SharanKumar @Nandakumar, S/o Late Narayana swamy, aged about 36 years, R/at No.32, Stephen’s Road, Frazer Town, Bangalore- 560005, 2.Smt. Dhanalakshmi, W/o Late Narayana swamy, aged about 59 years, R/at No.32, Stephn’s Road, Frazer Town, Bangalore-560 005 and 3. Smt. Kavya D W/o Sharan Kumar @ Nanda Kumar, aged about 28 years, R/at No.5, Jayaramaiah Layout, Thotada Guddadahalli, Nagasandra Post, Bangalore-
560 073 do hereby solemnly affirm and state on oath as hereunder:-
1. We submit that deponent No.1 & 2 are the petitioners in the above case and deponent No.3 is the respondent No.2 is the above case. We know the facts and circumstances of the case, hence we are swearing to this joint affidavit.
2. We submit that the petitioner No.1 and respondent No.2 were husband and wife and their marriage was solemnized on 2/5/2014 at Bangalore as per the Hindu customs and rituals.
3. We further state that in view of the differences between the petitioner and respondent No.2 and due to misunderstanding a private complaint in PCR No.8166/2018 was filed by the respondent No.2 against the petitioners herein which was referred to the Bagalgunte Police for investigation under section 156(3) Code of Criminal Procedure. The Bagalgunte Police on the basis of the direction registered FIR No.263/2018 and the same was subsequently transferred to Pukeshinagar Police and FIR has been registered in Crime No.122/2018 for the alleged offences punishable under section 498-A, 504, 323, 324 and 506 of IPC under section 3 & 4 of the Dowry Prohibition Act.
4. We further state that the deponent No.1 had filed a petition for dissolution of marriage under section 13(I)(ia) of the Hindu Marriage Act in M.C. No.2063/2019 before the family court at Bengaluru. The case was referred to mediation for settlement. The deponent No.1 and 2 have entered into a settlement before the mediation. As per the settlement both the parties had agreed for dissolution of marriage solemnised on 02/05/2014 at Jasma Devi Bhavan, Queens road, Bengaluru and the II Addl family court as per the settlement has dissolved the marriage between the petitioner No.1 and respondent No.2.
5. We further state that as per the settlement it is agreed that the respondent No.2 will withdraw all the pending cases filed against the petitioners including PCR No.8166/2018 was pending before the 45th ACMM now transferred to 11th ACCMM in PCR No.54413/2019 which is registered in FIR No.122/2018 registered by the Pulkeshinagar Police.
6. We further state that the parties have entered into a settlement on their own will and volition and there is no any undue influence on the parties to the settlement.
Wherefore, we humbly pray that this Hon’ble court may be pleased to quash the order dated 5/6/2018 passed by the 45th ACMM in PCR No.8166/2018 now pending on the file of 11th ACMM in PCR No.54413/2019 at Bangalore and consequently to quash FIR No.122/2018 dated 4/8/2018 registered by the Pulkeshinagar Police for the alleged offences under section 323, 324, 498A 504 and 506 of IPC, in the interest of justice and equity.” (sic) 4. 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 criminal proceedings and accordingly all proceedings in PCR No.8166/2018 (FIR No.122/2018) pending on the file of 11th ACMM, Bengaluru, are quashed.
5. Petition is accordingly disposed of.
No costs.
Sd/- JUDGE Yn.