IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR Criminal Petition No.518 Of 2017 C/W Criminal Petition No.6921 Of 2013 IN CRL.P.NO.518/2017 BETWEEN:
SRI.VIVEK M NASHI, S/O MALLIKARJUN K NASHI, AGED ABOUT 34 YEARS, OCC: WORKING AT SYNCHRONY FINANCIAL, PERMANENT RESIDENT OF NO.243, BHAGYA NAGAR, II CROSS, BELGAUM – 590 006.
(BY SRI. ARUN SHYAM M., ADV.) AND:
1. THE STATE OF KARNATAKA THROUGH VIJAYANAGAR P.S., BANGALORE.
REPRESENTED BY STATE PUBLIC PROSECUTOR, ... PETITIONER HIGH COURT BUILDINGS, BANGALORE – 560 001.
2. MRS. MANDIRA VIVEK NASHI, AGED ABOUT 31 YEARS, W/O VIVEK NASHI, OCC: NOT KNOWN TO THE PETITIONER, R/O #98A, 3RD CROSS, BHCS LAYOUT, VIJAYANAGAR, BANGALORE – 560 040.
... RESPONDENTS (BY SRI.S.RACHAIAH, HCGP FOR R1; SRI.GOPINATH J, ADV., FOR R2 ) THIS CRL.P. IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE CRIMINAL COMPLAINT FILED BY THE RESPONDENT NO.2 VIDE DOCUMENT NO.1, FIR IN CR.NO.575/2013 VIDE DOCUMENT NO.2 AND THE CHARGE SHEET VIDE DOCUMENT NO.3 AND FURTHER TO QUASH THE ENTIRE PROCEEDINGS PENDING BEFORE THE 24TH ACMM, BANGALORE IN C.C.NO.20852/2013 FOR OFFENCES U/S 498A OF IPC R/W SEC.3, 4 OF D.P.ACT.
IN CRL.P.NO.6921/2013 BETWEEN:
1. SRI.VIVEK M NASHI, S/O MALLIKARJUN K NASHI, AGED ABOUT 31 YEARS, WORKING AT GE (CAPITALS), SR.ANALY, ST.NO.202, ALIENS ELITE, PRASHANTH NAGAR, MAYAPUR, HYDERABAD, A.P. – 500 049.
2. SHRI.MALLIKARJUN K NASHI, AGE: 72 YEARS, OCC: PENSIONER, R/O NO.243, 2ND CROSS, BHAGYA NAGAR, BELGAUM – 590 001, KARNATAKA STATE.
3. SMT. BHUVANESHWARI, W/O MALLIKARJUN NASHI, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O NO.243, 2ND CROSS, BHAGYA NAGAR, BELGAUM – 590 001, KARNATAKA STATE.
4. DR.DEEPA, D/O MALLIKARJUN NASHI, AGE: 37 YEARS, OCC: GOVERNMENT MEDICAL OFFICER, NO.243, 2ND CROSS, BHAGYA NAGAR, BELGAUM – 590 001.
... PETITIONERS (BY SRI. ARUNA SHYAM M., ADV.) AND:
1. THE STATE OF KARNATAKA THROUGH VIJAYANAGAR P.S., BANGALORE.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001.
2. SMT. MANDIRA M.P., AGED ABOUT 28 YEARS, W/O VIVEK NASHI, NO.98/A, 3RD CROSS, HBS LAYOUT, VIJAYANAGAR, BANGALORE – 560 040.
... RESPONDENTS (BY SRI.S.RACHAIAH, HCGP FOR R1; SRI.GOPINATH J, ADV., FOR R2 ) THIS CRL.P. IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.575/2013 REGISTERED BY SECOND RESPONDENT POLICE I ADDL. C.M.M., NRUPATUNGA ROAD, BANGALORE CITY ON 31.10.2013 FOR THE OFFENCES P/U/S 498A OF IPC AND SEC.3 AND 4 OF D.P. ACT., 1961.
THESE CRL.Ps. COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In these two petitions, First Information Report registered in Crime No.575/2013 and CC No.20852/2013 (in Crl.P.No.518/2017 and Crl.P.No.6921/2013) respectively against accused persons for the offences punishable under Section 498A of IPC r/w Sections 3 and 4 of Dowry Prohibition Act, is sought to be quashed.
2. At the out set, it requires to be noticed that petitioners in Crl.P.No.6921/2013 is concerned, this Court by order dated 16.08.2016 has placed submission made by learned counsel for the petitioner on record and dismissed the petition as withdrawn insofar as the first petitioner is concerned. By order dated 13.11.2013, interim stay came to be granted, whereunder all further proceedings pending in Crime No.575/2013 insofar as accused Nos.2 to 4 are concerned had been stayed.
3. Inspite of there being no stay insofar as accused No.1 is concerned, jurisdictional police investigated the matter had filed the charge sheet against accused No.1 in CC No.20852/2013 for the aforestated offences. Hence, both the petitions are taken up together for consideration.
4. Second respondent in both these petitions got married to the first accused on 15.02.2012 and on account of certain disputes between them having arisen had resulted in various proceedings initiated by each of them. Second respondent herein filed a complaint on 31.10.2013 against the petitioners herein alleging that she had been physically and mentally tortured with a demand for dowry. As noticed herein above, First Information Report in Crime No.575/2013 was registered against petitioners herein for the offence punishable under Section 498A of IPC r/w Sections 3 and 4 of Dowry Prohibition Act.
5. A memorandum of settlement / compromise of petition came to be filed under Section 320 r/w Section 482 of Cr.P.C for compounding the offence by seeking leave of the Court. Said application was filed on 11.04.2019. Both parties were present and after having noticed their presence and recording the submissions made by the second respondent appearing in person who submitted that she has entered into such settlement and having reiterated the same, it was recorded as under:
“Respondent- Complainant is present before Court. She submits that she has entered into settlement with the petitioner and she has no objections for the proceedings being quashed. Affidavit is also filed by respondent-complainant reiterating contents of the joint memo. In order to establish identity of the respondent-complainant present before Court, a copy of Aadhar card is produced which is also countersigned by the Notary. Respondent-complainant has acknowledged receipt of Demand Draft bearing No. 491372 drawn on SBI Branch, PBB Belgaum for Rs.17,00,000/- in her favour. She also submits that she would withdraw the proceedings initiated under Section 125 Cr.P.C in Crl.Misc.No.315/2015 pending before I Additional family Court, Bengaluru by filing a memo. Said submission is placed on record.
She also undertakes to appear before Court if called for and her presence for the next date of hearing stands dispensed with.”
6. Today, learned counsel appearing for second respondent has filed an affidavit whereunder, she has stated that she has voluntarily signed the compromise petition and she does not intend to prosecute the complaint filed by her and as agreed in MFA No.4445/2018. She intends to withdraw her complaint which she has filed and she has no objection for quashing the proceedings pending against petitioners.
7. In the light of aforestated facts, this Court is of the considered view that dispute between the parties is a matrimonial dispute. Larger issue has been settled between the parties and second respondent acknowledges receipt of permanent alimony by way of demand draft bearing No.491372 dated 29.01.2019 in a sum of `17.00 lakhs drawn on State Bank of India, PBB Belgaum in her favour, which she has already received (yesterday) in the open Court and she acknowledges receipt of the same. She has also affixed her signature in the order sheet for having received the demand draft. Learned advocate appearing for second respondent had identified second respondent who was present before Court and in order to establish her identity, photocopy of the Adar Card issued by the Statutory Authorities has also been appended to her affidavit dated 10.04.2019. When this Court interacted with her, she had submitted that she was voluntarily withdrawing her complaint lodged against petitioners and as such, recording her submission, above extracted order came to be passed.
8. In the light of aforestated facts and also keeping in mind judgment of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab and Another reported in (2012) 10 ACC 303, this Court is of the considered view, since matrimonial dispute has been settled, complainant - second respondent having agreed to withdraw the complaint lodged against petitioners and she having no objection to quash the proceedings, which fact also she has reiterated in MFA No.4445/2018, as recorded by the Division Bench in the said order at Paragraph No.5, this Court finds there is no impediment to accept her submission and grant the prayer as sought.
9. For the reasons aforestated, I proceed to pass following;
ORDER (i) Petitions are hereby allowed.
Proceedings pending against petitioners in Crime No.6921/2013 (accused Nos.2 to 4) and proceedings pending in CC No.20852/2013 (sofar as the first accused is concerned ie., petitioner in Crl.P.No.518/2017) stands quashed and they are acquitted of aforesaid offences.
(ii) In the light of settlement arrived at between the parties and second respondent – complainant having agreed to withdraw the proceedings initiated by her under Section 125 Cr.PC in Crl.Misc.3158/2015 pending before First Additional Family Court, Bengaluru, parties would be at liberty to produce certified copy of this order before the Family Court and second respondent shall take immediate steps to withdraw above said proceedings as undertaken by her.
SD/- JUDGE GH