IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.1873 OF 2018 BETWEEN:
1. SRI SHRIKANTH ACHAR S/O SHANKAR ACHAR AGE 35 YEARS, RESIDING AT NO 480, BEL COLONY NEAR NAGALAND CIRCLE BANGALORE 560013 2. SMT DIVYA SHRIKANTH W/O SHRIKANTH ACHAR AGE 32 YEARS, RESIDING AT NO.480, BEL COLONY NEAR NAGALAND CIRCLE BANGALORE 560013 (BY SRI: VINOD KUMAR M, ADVOCATE) AND:
1. STATE OF KARNATAKA REP BY P.S. BYAPPANAHALLI, BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA VIDHANA SOUDHA BANGALORE 560001 ... PETITIONERS 2. SMT SANGEETHA ACHAR K W/O GANESHACHAR AGED 26 YEARS, RESIDING AT NO.28, RENUKACHARYA MUNESHWARA LAYOUT KRISHNAIAHA PALYA BANGALORE 560038.
3. GANESH ACHAR S/O SHANKAR ACHAR AGED ABOUT 32 YEARS, R/O NO.28, MUNESHWARA LAYOUT KRISHNAYYANAPALYA, INDIRANAGAR POST BENGALURU-560038.
4. SHANKAR ACHAR S/O LAKSHMANA M.S. AGED ABOUT 65 YEARS 2ND CROSS, SHRIDHAR NAGAR NEAR APMC YARD SAGAR-577401.
5. SMT.MEENAKSHI W/O SHANKAR ACHAR AGED ABOUT 65 YEARS 2ND CROSS, SHRIDHAR NAGAR NEAR APMC YARD SAGAR-577401.
(AMENDMENT CARRIED OUT AS PER THE COURT ORDER DATED 11.12.2018) ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, LEARNED SPP-II FOR R1 SRI M.T.RANGASWAMY, ADVOCATE FOR R2 SRI: SHOWRI H.R. ADVOCATE FOR IMPLEADING APPLICANTS/R3-R5) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND FURTHER INVESTIGATION IN CRIME NO.1/2018 OF BYAPPANAHALLI POLICE STATION, BANGALORE CITY PENDING ON THE FILE OF THE X A.C.M.M., BANGALORE FOR THE OFFENCE P/U/S 498A R/W 34 OF IPC AND SECTION 4,5 AND 6 OF DOWRY PROHIBITION ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard.
2. These criminal proceedings have stemmed out of matrimonial dispute. Respondent No.2 is wife of respondent No.3.
3. Petitioners, in this petition, have challenged FIR No.1/2018 registered by respondent No.2 in Byappanahalli Police Station on 03.01.2018 for offences punishable under Section 498A of IPC read with Section 34 of IPC and Sections 4, 5 and 6 of Dowry Prohibition Act, 1961.
4. This matter was heard on 11.12.2018. The parties in the case were present before the Court and identified by their respective advocates. It was submitted that parties have compromised the matrimonial dispute and accordingly an affidavit was filed. Since, there was some typographical error, a fresh affidavit has been filed on 05.02.2019.
5. The joint affidavit reads as follows:
“We, (1) Ganesh Achar S/o Shankar Achar Aged about 32, R/o No.28, Muneshwar Layout, Krishnayyanpalya, Indiranagar Post, Bengaluru-560038, and (2) Smt. Sangeetha Achar D/o Vishwanath Achar K.S, Aged about 26 years, No.60/A, 4th Main, 2nd Phase, Near Indian High School, Manjunathnagar, Rajajinagar, Bengaluru-560010, do hereby solemnly affirm and state on oath as follows:
1. We are the Respondent No.3 and Respondent No.2 respectively in this case and we are conversant with the facts and circumstances of the case and competent to swear to this affidavit.
2. We state that the second of us had filed a complaint before the first respondent police and an FIR was registered against all the petitioners and respondent No.3 to 5 herein before the First respondent police in Crime No.1/2018 for the offence punishable U/S 498A, 34 IPC and S. 4,5 & 6 of DP Act. on the file of X ACMM Mayo Hall, Bengaluru.
3. The second of us further states that she had filed a Crl.Mis.3/2018 before MMTC IV, Bengaluru, Under the provisions of Protection of Women Form Domestic Violence Act, 2005 against the petitioners and respondent No.3 to 5 herein.
4. The second of us had also filed a petition against the first of us for dissolution of our marriage before the III Addl. Principal Judge Bangalore in M C No.3461/2018. Further we state that in the said M C Petition the matter was referred to mediation before Bangalore Mediation Centre and on 24.09.2018 a settlement agreement was entered into between us. As per the settlement arrived at it has been resolved to dissolve our marriage and further the second of us had agreed to withdraw both cases filed against the first of us, the petitioners herein and respondent No.4 and 5. Further it was also agreed that the first of us shall pay some` of Rs.2,00,000/- in favour of second of us herein as a permanent alimony and full and final settlement of all the claims.
5. We state that on 29.09.2018 the second of us had withdrawn the Crl. Misc No.3/2018 by filing the memo to that effect and accepting the said memo, Hon’ble Judge MMTC IV Bengaluru was pleased to dismiss the said petition. A copy of the Memo for withdrawal and order dated 29.09.2018 are produced herewith.
6. We further state that on 11.12.2018 both of us appeared before the III Addl. Principal Judge Family Court at Bangalore and reported the settlement agreement entered into before the Bengaluru mediation centre and the court below has accepted the settlement and drawn a decree of divorce. A copy of the judgment, decree dated 11.12.2018 and settlement agreement dated 24/09/2018 are produced herewith for the kind perusal of this Hon’ble Court.
7. We further state that in the light of the above settlement the second of us is withdrawing all the allegations made against the petitioners and respondents 3 to 5 herein and hence she has no objection for this Hon’ble court to quash the proceedings in Crime No.1/2018 against the petitioners and respondents No.3 to 5 herein.
8. In the view of the settlement arrived at we pray that this Hon’ble Court may be pleased to quash the proceedings against the petitioners and respondent No.3 to 5 herein in Crime No.1/2018 filed by the respondent No.1 police pending on the file of X ACMM Bengaluru to meet the ends of justice.
6. The parties have settled the dispute amicably before the Bengaluru Mediation Centre in M.C.No.3461/2018 on the file of the III Addl. Principal Judge, Family Court, Bengaluru, whereunder the marriage solemnized between respondent No.2- Smt Sangeetha Achar.K. and respondent No.3 Sri.Ganesh Achar has been dissolved. Report of the Mediation Centre is yet to be accepted by the Family Court. As per consent terms, respondent No.2-wife have no grievance against the petitioners herein nor her husband-respondent no.3 or his relatives.
7. In the circumstances, no useful purpose would be served by continuing the criminal proceedings. Therefore, it is just and appropriate to quash the criminal proceedings and accordingly, all proceedings arising out of Crime No.1/2018 registered in Byappanahalli Police Station, pending on the file of X ACMM, Bengaluru, are quashed.
Petition is accordingly disposed of.
No costs.
Sd/- JUDGE AV