IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1489 OF 2019 BETWEEN:
1. SRI. SURENDRA @ SURIYAA N.S S/O SAKTHIVEL N AGED ABOUT 29 YEARS 2. SRI. SAKTHIVEL N @ SAKTHIVELU S/O NATRAJAN AGED ABOUT 49 YEARS 3. SMT. SELVI W/O SAKTHIVEL N AGED ABOUT 49 YEARS 4. SRI. KARTHIK S/O SAKTHIVEL N AGED ABOUT 27 YEARS ALL THE PETITIONERS ARE PERMANENT RESIDENTS OF SELVI ELHAM NO.56, 1ST FLOOR, 2ND MAIN, TALAKAVERI LAYOUT BASAVANAGAR, MARATHAHALLI POST BENGALURU-560 037 … PETITIONERS (BY SHRI. K.S. HARISH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER HAL POLICE STATION BANGALORE-560 043 REPTD. BY SPP, HIGH COURT BENGALURU-560 001, 2. SMT. SATHYA PRIYA S D/O A. SRINIVAS AGED ABOUT 24 YEARS PRESENTLY RESIDING AT #449, J.J. ROAD GENANAPUR, BHADRAVATHI SHIMOGA DISTRICT-577 301 ALSO AT SELVI ELHAM, NO.56 1ST FLOOR, 2ND MAIN, TALAKAVERI LAYOUT BASAVANAGAR, MARATHAHALLI POST BENGALURU-560 037 ... RESPONDENTS (BY SHRI. K. NAGESHWARAPPA, HCGP FOR R-1; SMT. T.R. VANI, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING THE COMPLAINT, FIR AND CHARGE SHEET FILED IN C.C.NO.56050/2018 U/S 498A, 307, 506 R/W 34 OF IPC AND SECTIONS 3 AND 4 OF D.P ACT BEFORE THE XLIII A.C.M.M., BENGALURU BY RESPONDENT NO.1/H.A.L. POLICE STATION, BENGALURU IN RELATION TO THE PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri K.S.Harish, learned advocate for the petitioners, Shri K.Nageshwarappa, HCGP for respondent No.1-State and Smt Vani.T.R, learned counsel for Respondent No.2.
2. Complainant (Respondent No.2) is the wife of Petitioner No.1 (Surendra @ Suriyaa.N.S), Petitioners No.2 and 3 are parents of Petitioner No.1 and Petitioner No.4 is brother of Petitioner No.1.
3. The matter arises out of matrimonial dispute.
Learned Advocates for the petitioners and Respondent No.2 submit that the parties have settled the dispute amicably in M.C.No.311/2016. They have filed a Joint affidavit of even date. They pray that this petition be disposed of in terms of settlement recorded in the Joint Memo.
4. The petitioners and Respondent No.2 are present and identified by their respective advocates. The Joint affidavit is duly signed by the petitioners, respondent No.2 and their respective advocates. They admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence, accepted. The Joint Affidavit reads as follows:
”JOINT AFFIDAVIT We (1) Sri. Surendra @ Suriyaa N.S, Son of Sakthivel N, Aged about 29 Years 2. Sri Sakthivel N @ Sakthivelu, Son of Natrajan, Aged about 49 Years 3. Smt. Selvi, Wife of Sakthivel Aged about 49 Years 4. Sri Karthik Son of Sakthivel Aged about 27 Years All are residents Of Selvi illam, No.56, 1st Floor, 2nd Main, Talakaveri Layout, Basavanagar Marathahalli Post, Bangalore 560 037 (5) Smt. Sathya Priya S, Daughter of A. Srinivas, aged about 24 Years # 449, J.J Road Genanapur, Bhadravathi Shimoga District – 577 301, today at Bangalore, do hereby solemnly affirm and state on oath as follows:
1. The Petitioner No.1 was the husband and Respondent No.2 was the wife.
2. The Respondent No.2, wife initiated proceedings under Section 498(A), 307, 506 read with Section 34 if the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act in C.C.No.56050/2018 on the file of the XLIII Additional Chief Metropolitan Magistrate at Bangalore against all the Petitioners herein. The Petitioner No.1 and Respondent No.2 later filed a Matrimonial case M.C No.311/2016 under Section 13 B of the Hindu Marriage Act, seeking divorce by mutual consent. In the course of the hearing in the case in M.C.311/2016, the parties were referred to mediation before the Bangalore Mediation Centre. During the mediation, the Parties resolved their disputes and as per the Memorandum of Settlement executed between the parties at the Mediation Centre, Bangalore the said case came to be disposed in accordance with the compromise terms vide order dated 20.03.2017.
3. In terms of the settlement between the parties, Petitioner No.1 has paid a sum of Rs.4,50,000 (Rupees Four Lacs Fifty Thousand) by D.D.No.003385 dated 20.03.2017 drawn on Bank of India, Bangalore to the Respondent No,2 before the Family Court and the Respondent No.2 has also acknowledged the same. Compromise Petition filed by the parties before the Family Court is produced herewith.
4. The Respondent No.2 submits that she has agreed to co-operate in quashing of the proceedings in Crime No. 265/2015 (Now C.C.No.56050/2018) on the file of the XLIII Additional Chief Metropolitan Magistrate at Bangalore and she has no objection to quash the said proceedings against all the Petitioners. The Petitioners also hereby withdraw all the allegations in the petition against the Respondent.
6. In view of the settlement, we pray for quashing of the proceedings in C.C.No.56050/2018 on the file of the XLIII Additional Chief Metropolitan Magistrate at Bangalore against all the Petitioners herein.”
5. In Paragraph No.4 of the Joint Affidavit, Respondent No.2 has agreed to approach the appropriate Court for quashing the proceedings initiated in F.I.R.No.265/2015.
6. The criminal proceedings under Section 498-A of IPC have stemmed out of matrimonial dispute between the parties. Parties have settled the matrimonial dispute amicably. 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 in C.C.No.56050/2018 arising out of F.I.R.No.265/2015 on the file of the XLIII Additional Chief Metropolitan Magistrate at Bengaluru, are quashed.
7. Petition is accordingly disposed of. No costs.
Sd/- JUDGE bnv