IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.985/2019 BETWEEN 1. SRI SHYAMAKUMAR S/O SRINIVASA, AGED ABOUT 36 YEARS, R/AT NO 7, 2ND MAIN ROAD, AMS LAYOUT, VIDYARANYAPURA, BENGALURU – 560097.
2. SMT MANJULA W/O SRINVIAS, AGED ABOUT 58 YEARS, R/AT NO 24, 4TH CROSS, 4TH BLOCK, KUMARA PARK WEST, BENGALURU – 560022.
3. SRI SRINIVASA S/O MUTTAPPA, AGED ABOUT 60 YEASR, R/AT NO 24, 4TH CROSS, 4TH BLOCK, KUMARA PARK WEST, BENGALURU – 560022.
4. SRI MUNESH S/O SRINIVAS AGED ABOUT 33 YEARS R/AT NO 24, 4TH CROSS, 4TH BLOCK, KUMARA PARK WEST, BENGALURU – 560022.
5. SMT CHAITRA W/O MUNESH R/AT NO 24, 4TH CROSS, 4TH BLOCK, KUMARA PARK WEST, BENGALURU - 560022 (BY SRI AMAR CORREA, ADV.) AND 1. STATE OF KARNATAKA, THROUGH MANDYA WOMEN POLICE, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA BENGALURU-01.
2. SMT. SHILPARANI W/O SRI SHYAMAKUMAR, AGED ABOUT 29 YEARS, R/AT NO.237, 2ND CROSS, SWARASANDRA, MANDYA CITY, MANDYA-572101.
...PETITIONERS …RESPONDENTS (BY SMT. K.P/YASHODHA, HCGP FOR R1, MS. GEETA SHINDHE, ADV. FOR R2.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.21/2018 OF THE RESPONDENT NO.1 AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 498A,323,324,504,506 AND 149 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioners, the learned Counsel for respondent no.2 and the learned HCGP.
2. Petitioner no.1 and respondent no.2 are husband and wife, petitioner nos.2 & 3 are the parents of petitioner no.1, petitioner no.4 is the brother of petitioner no.1 and petitioner no.5 is the wife of petitioner no.4. They are present before the Court and are identified by their respective Counsels.
3. It is submitted by the learned Counsel for the parties that the parties have amicably settled the issue and respondent no.2 – wife has joined her husband – petitioner no.1.
4. Today, the parties have filed a joint affidavit which reads as under:
“JOINT AFFIDAVIT We, 1). Shyamakumar, S/o Srinivasa, Aged about 37 nyears, R/at No. 7, 2nd Main Road, AMS Layout, Vidyaranyapura, Bengaluru- 560097; and 2) Smt Manjula, W/o Srinivas, Aged about 58 years, and 3) Srinivasa, S/o Muttappa Aged about 60 years and 4) Munesh S/o Srinivas Aged about 33 and 5) Chaitra W/o Munesh Aged about, R/at No. 24, 4th Cross, 4th Block, Kumara park West, Bengaluru- 560022; and 6) Shilparani W/o Shyamakumar, Aged about 29 years, R/at No. 237, 2nd Cross, Swarasandra, Mandya City, Mandya, do hereby state on solemn affirmation as follows;
1. We submit that, the first five deponents to this affidavit are the Petitioners in this case and the sixth deponent to this affidavit is the Respondent No. 2 in this case and we know the facts and circumstances of this case and hence are swearing to this affidavit.
2. We submit that, there has been a compromise entered into between us in the given facts and circumstances of this case, and knowing fully such facts and circumstances and the background of the compromise, we are jointly swearing to the contents of this Joint affidavit.
3. We submit that, on the information of the sixth deponent herein, an FIR had come to be registered in Crime No. 21/2018 and presently upon investigation charge sheet has been filed which is registered in CC No. 260/2019 pending on the file of the II Additional Senior Civil Judge and JMFC, Mandya for the offences punishable under Section 498-A, 323, 324, 504, 506, 149, 114 of Indian Penal Code and Section 3,4,6 of the Dowry Prohibition Act, 1961, against the first 5 deponents who are the Petitioners herein arraying them as Accused No. 1 to 5, alleging certain in relation to the marital life of the first deponent and sixth deponents herein.
4. That we the Deponent No. 1 and Deponent No. 6, being husband and wife, as we know each other well and also in the best interest of our two daughters have thought and decided in mutual interest to bring about settlement and closure to entire litigation.
5. In pursuance of such settlement, I the sixth deponent have joined back to live with my husband the first Deponent herein and we have now been living together in Mandya along with our children and we have been living happily in our renewed marital life after resolving the misunderstandings between us which has led to marital breakup between us.
6. We submit that, having entered into a compromise with the Deponent No. 1 herein, I the Deponent No. 6 to this affidavit have no objection of any kind to quash the proceedings in CC No. 260/2019 pending on the file of the II Additional Senior Civil Judge and JMFC, Mandya for the offences punishable under Section 498-A, 323, 324, 504, 506, 149, 114 of Indian Penal Code and Section 3,4,6 of the Dowry Prohibition Act, 1961, against the deponent No. 1 to 5 who are Accused No. 1 to 5 therein.
7. We the Deponent No. 1 to 6 in view of our career, happy life and our future and for the well being happiness and future of our children and larger life objects have decided to end up the litigations between us and we submit that, this settlement is on our free will and wish and we have no coercion from anyone else or from each other to do the same.
WHEREFORE we respectfully pray before this Hon’ble Court that, this Hon’ble court may kindly be pleased to allow the accompanying petition and quash the entire proceedings in Crime No. 21/2018 of the Respondent No. 1 Police (now pending in CC No. 260/2019), pending on the file of the CC No. 260/2019 pending on the file of the II Additional Senior Civil Judge and JMFC, Mandya for the offences punishable under Section 498-A, 323, 324, 504, 506, 149, 114 of Indian Penal Code and Section 3,4,6 of the Dowry Prohibition Act, 1961, in the interest of justice and equity.
Whatever stated above is true and correct to the best of our knowledge and belief.”
5. There is no dispute with regard to the fact that no heinous crime has been committed nor is there any act of violence involved. In view of the above, it is held in the case of GIAN SINGH VS STATE OF PUNJAB & ANOTHER – AIR 2012 SCC 393, that the offence punishable under Section 498A is compoundable. In the light of the fact that the respondent-wife has joined her husband and are living together, no purpose would be served in further prosecuting the matter. In that view of the matter, this Court is of the considered opinion that it is appropriate to give a quietus to the litigation amongst the parties and it would be just and necessary to put an end to the litigation, as the same would enable the parties to move ahead in their lives. Hence, the affidavit is taken on record.
6. Petition is allowed. The entire proceedings in C.C.No.260/2019 pending on the file of II Addl. Senior Civil Judge & JMFC, Mandya, arising out of Crime No.21/2018 registered with the respondent no.1-Police, is hereby quashed.
Sd/- JUDGE KK CT-HR