IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS WRIT PETITION NOs.58726-58728/2017 (GM-RES) BETWEEN 1 . SRI SURAJ G CHOUGULE @ AMIT S/O GUNDURAO CHOUGULE AGED ABOUT 31 YEARS, PRESENTLY AT NO.136,1ST CROSS, CENTRAL EXCISE LAYOUT, R.M.V.EXTENSION, BANGALORE-560 094 2 . SRI G P CHOUGULE S/O PUNNAPPA CHOUGULE, AGED ABOUT 66 YEARS, R/AT PLOT NO.39, GURUPRASAD BLDG., 1ST CROSS, SAHYADRI COLONY, BHAGYA NAGAR, ANAGOL, BELGAUM-560 006 3 . SMT MEENA G CHOUGULE W/O G P CHOUGULE, AGED ABOUT 61 YEARS, R/AT PLOT NO.39, GURUPRASAD BLDG., 1ST CROSS, SAHYADRI COLONY, BHAGYA NAGAR, ANAGOL, BELGAUM-560 006 (BY SRI MADHUKAR DESHPANDE, ADVOCATE) ...PETITIONERS AND 1 . STATE BY CHANNAMMANAKERE ACCHUKATTU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 2 . SMT BHARGAVI @ YOGAMBA M W/O MR SURAJ G CHOUGULE @ AMIT AGED ABOUT 30 YEARS, R/AT 70/19,3RD CROSS, 6TH MAIN, 3RD BLOCK, TYAGARAJ NAGAR, BANGALORE-560 058 (BY SRI MAHESH SHETTY, HCGP FOR R1 SRI C V MANJUNATH, ADVOCATE FOR R2) …RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE 1973, PRAYING TO QUASH THE FIR NO.0104/2012 DTD 10.09.2012 VIDE ANNEXURE-A, REGISTERED BY THE R-1 POLICE AGAINST THE PETITIONERS HEREIN FOR THE ALLEGED OFFENCES AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The parties have filed a joint memo dated 22.11.2019 duly singed by all the petitioners i.e., petitioners No.1 to 3, respondent No.2-complainant and their respective counsels.
Petitioner No.1 is the husband and respondent No.2 is the wife. According to the joint memo, the parties have arrived at an amicable settlement. The terms and conditions of the settlement are as follows:
“7. Terms and conditions of this compromise are as under:
i) The petitioner No.1 and the Respondent No.2 have accepted the decree passed in M.C. No.135/2012 by the Judge, Family Court, Belagavi in terms of compromise Petition dated 21.04.2017.
ii) The Petitioner No.1 has paid further sum of Rs.5,00,000/- (Rupees five lakh) to the Respondent No.2 before this Hon’ble Court by way of Demand Draft bearing No.766894, dated 24.09.2019 drawn on HDFC Bank an amount of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) and demand draft bearing No. 766895, dated 24.09.2019 drawn on HDFC Bank an amount of Rs.2,50,000/-
(Rupees Two Lakhs and Fifty Thousand only) in addition to amount of Rs.10,00,000/- (Rupees Ten lakh) paid as per the compromise petition in M.C. No.135/2012 before Judge, Family Court, Belagavi, towards permanent alimony and as full and final settlement. Total amount paid by Petitioner No.1 to the Respondent No.2 is Rs.15,00,000 (Rupees fifteen Lakh) towards her permanent alimony.
iii) The Respondent No.2 has no claim whatsoever in future against the petitioners. Similarly, the Petitioners have no claim whatsoever against the Respondent No.2.
iv) The Petitioners and the Respondents No.2 have withdrawn all the allegations made against each other before this Hon’ble Court, before the Hon’ble Family Court, Belagavi, before the Hon’ble City Civil Court, Bengaluru, the Hon’ble II Additional Chief Metropolitan Magistrate Court, Bengaluru, the Hon’ble V Additional Family Court, Bengaluru and the Hon’ble Metropolitan Magistrate Traffic Court-4, Bangalore and various authorities.
v) Details of the proceedings required to be withdrawn by the Respondent No.2 within 30(Thirty) days after receipt of the order passed in the above petition are as under:
Sl.No. Case No. Pending before the Court 1. Withdraw interlocutory applications dated 28.07.2018 filed in M.C. No.135/2012 seeking recall of the order dated 21.04.2017 passed in M.C. No.135/2012.
2. M.C. No.4084/2012 filed by the Respondent No.2 3. Crl. Misc. No.137/2012 filed by the Respondent No.2 Family Court, Belagavi V Additional Family Court, Bengaluru Metropolitan Magistrate Traffic Court-4, Bengaluru (vi) The Petitioner No.1 shall withdraw the following cases filed by him at the earliest:
filed by the Petitioner No.1 Civil and Session Judge, Bengaluru 2. O.S. No.5516/2018 filed by the Petitioner No.1 II Additional City Civil and Sessions Judge, Bengaluru 3. W.P. NO.29307/2018 Pending before the High Court of Karnataka, Bengaluru.
(vii) It is reiterated that the Respondent No.2 shall withdraw the applications dated 28.07.2018 filed by her in M.C. No.135/2012 before the Hon’ble Family Court, Belagavi, for recall of order dated 21.04.2017 passed by the Family Court, Belagavi as per the compromise petition within 30(Thirty) days after the receipt of order passed in this present petition.
(viii) The Respondent No.2 has absolutely no objection for quashing the proceedings in C.C. No.2579/2013, pending before the II Additional Chief Metropolitan Magistrate Court, Bengaluru.
(ix) In the event the Respondent No.2 fails to withdraw the above said proceedings initiated by her within 30(Thirty) days after the receipt of order in above petition, the Petition No.1 shall be at liberty to file memo for close of the proceedings initiated by Respondent No.2 in respective courts, by placing order passed in the above petition and the Respondent NO.2 has no objection for dismissal of following Petitions/applications:
Sl.No. Case No. Pending before the Court 1. Interlocutory applications dated 28.07.2018 filed in M.C. No.135/2012 seeking recall of the order dated 21.04.2017 passed in M.C. No.135/2012.
2. M.C. No.4084/2012 filed by the Respondent No.2 3. Crl. Misc. No.137/2012 filed by the Respondent No.2 Family Court, Belagavi V Additional Family Court, Bengaluru Metropolitan Magistrate Traffic Court-4, Bengaluru (x) The petitioner No.1 and the Respondent No.2 have entered into this compromise petition on their own volition without any influence or coercion, after understanding the contents of this compromise petition.
2. Accordingly, the respondent No.2 has today received before this Court a sum of Rs.5,00,000/- (Rupees Five Lakhs only) in the form of two demand drafts as stated in the sub- para (ii) of paragraph No.7 of the terms and conditions of the settlement.
3. The petitioner No.1 and the 2nd respondent shall withdraw the cases as agreed in the terms of compromise within 30 days from today.
4. In view of the above, the proceedings in C.C.No.2579/2013 on the file of the 2nd Addl. CMM, Bengaluru are hereby quashed and set aside. The passport of the petitioner No.1, which is deposited with the II Addl. CMM Court shall be returned to the petitioner No.1 forthwith.
5. The parties shall affix their signature to the order sheet and the learned counsel appearing for the parties shall identify the same.
SD/- JUDGE KLY/