IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9270 OF 2018 c/w CRIMINAL PETITION NO.2641 OF 2019 IN CRL.P.NO.9270 OF 2018 BETWEEN:
1. SURESH B.M.
S/O B.R.MARIYAPPA AGED ABOUT 62 YEARS NO.74, RANGER BLOCK SOMAVARPET, KODAGU DISTRICT KARNATAKA – 571 236 2. SMT. VIJAYALAKSHMI B.S. W/O B.M.SURESH AGED ABOUT 60 YEARS NO.74, RANGER BLOCK SOMAVARPET, KODAGU DISTRICT KARNATAKA – 571 236 3. PRADHAN SURYA AGED ABOUT 32 YEARS S/O SURESH B.M. NO.74, RANGER BLOCK SOMAVARPET, KODAGU DISTRICT KARNATAKA – 571 236.
(BY SHRI S.MAHESH, ADVOCATE) …PETITIONERS AND:
1. STATE BY SOMAVARPET POLICE STATION SOMVARPET – 571 236 REPRESENTED BY S.P.P.
HIGH COURT BUILDING 2. DR.GOWRI V.R.
AGED ABOUT 35 YEARS D/O T.V.RAMESH NO.20, VIVEKANANDA ROAD YADAVAGIRI MYSURU – 570 020.
(BY SMT. K.P.YASHODHA, HCGP FOR R1; R2 SERVED) … RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH PROCEEDINGS IN CRIME NO.283/2017 IN C.C.NO.440/2018 ON THE FILE OF STATE BY SOMVARPET POLICE, SOMAVARPET, KODAGU UNDER SECTIONS 498A, 506 R/W 34 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT AGAINST ACCUSED NOS.2 TO 4 HEREIN PETITIONERS NOS.1 TO 3.
CRL.P.NO.2641 OF 2019 BETWEEN:
1. DR.PRATHAM SURYA S/O B.M.SURESH AGED ABOUT 34 YEARS RESIDENT OF NO.74 RANGER BLOCK SOMWARPETE TOWN – 571 236 PRESENT 57A, HIGH FIELD ROAD ROAD KETTERING UK NN156HT KODAGU – 571 232 2. SRI PRADHAN SURYA S/O B.M.SURESH AGED ABOUT 34 YEARS RESIDENT OF NO.74 RANGER BLOCK SOMWARPETE TOWN – 571 236 (BY SHRI S.MAHESH, ADVOCATE) AND:
1. THE STATE BY SOMAWARPETE P.S. SOMAWARPETE – 571 236 REPRESENTED BY S.P.P.
HIGH COURT OF KARNATAKA BENGALURU– 560 001 2. DR.GOWRI V.R.
W/O DR.PRATHAM SURYA AGED ABOUT 31 YEARS NO.20, VIVEKANANDA ROAD YADAVAGIRI MYSURU – 572 223 (BY SMT. K.P.YASHODHA, HCGP FOR R1) …PETITIONERS … RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.11.2018 PASSED BY THE CIVIL JUDGE (JR.DN.) AND JMFC, SOMWARPET ON APPLICATION FILED UNDER SECTION 205 OF CR.P.C. IN C.C.NO.440/2018.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. One Dr. Gowri V.R. filed a complaint against her husband Dr. Pratham Surya, his brother and his parents which is registered as Crime No.283/2017 on 22.08.2017 in Somwarpet Police Station. Police after investigation have filed charge sheet before the Principal Civil Judge (Jr.Dn.) and JMFC, Somawarpet in C.C.No.440/2018.
2. Parties have resolved the matrimonial dispute by filing a memorandum of settlement under Section 89 of CPC in MC No.218/2017. A copy of the mediation report is annexed to the petition in Crl.P.No.2641/2019 along with an application for amendment filed on 25.07.2019. It is recorded in the said settlement that Dr. Gowri V.R. has consented to co-operate for quashing of the criminal proceedings in C.C.No.440/2018 before the learned Magistrate.
3. Criminal Petition No.9270/2018 is filed by parents of Dr. Pratham Surya and his brother seeking quashing of the proceedings in C.C.No.440/2018. Criminal petition No.2641/2019 is filed by Dr. Pratham Surya and his brother challenging order dated 19.11.2018 passed by the learned Magistrate dismissing their application seeking exemption from their appearance.
4. Shri S.Mahesh, learned Advocate for the petitioners submits that after resolution of the dispute, the complainant, though served, has not appeared before this Court, and accordingly, he prays that in view of the undertaking given by the complainant recorded in the memorandum of settlement, the criminal proceedings may be quashed.
5. Learned HCGP appearing for respondent no.1 submits that the petitioners’ case may be considered in the light of the memorandum of settlement.
6. It is recorded in the memorandum of settlement that the complainant would co-operate with her husband and his relatives in seeking quashing of the criminal proceedings initiated by her. Respondent no.2, though served, has remained absent. In the circumstances, no useful purpose would be served in continuing the criminal proceedings. Hence, both the petitions are allowed and the proceedings in C.C.No.440/2018 on the file of the Principal Civil Judge & JMFC, Somawarpet, are quashed.
In view of allowing of the petitions, I.A.No.1/2019 filed in Crl.P.No.9270/2018 stands disposed of.
Sd/- JUDGE hkh.