IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4893 OF 2019 BETWEEN:
1. MR. TUHIN JOARDAR S/O PARIMAL JOARDER AGED ABOUT 38 YEARS 2. SMT. SUKLA JOARDAR W/O PARIMAL JOARDAR AGED ABOUT 68 EYARS 3. MR. PARIMAL JOARDAR S/O B.C. JOARDAR AGED ABOUT 74 YEARS ALL RESIDING AT BLOCK-C2 FLAT NO.1508, L & T SOUTH CITY AREKERE, MICO LAYOUT BANNERGHATTA ROAD BENGALURU-560 076 KARNATAKA … PETITIONERS (BY SMT. KALYANI AGARWAL, ADVOCATE FOR SHRI. G.B. SHARATH GOWDA, ADVOCATE) AND:
1. STATE BY EAST-ZONE WOMEN P.S, BANGALORE REPRESENTED BY THE PUBLIC PROSECUTOR’ HIGH COURT OF KARNATAKA BANGALORE-560 001 2. SMT. ABHIMITA DEBNATH W/O TUHIN JOARDAR AGED ABOUT 33 YEARS R/AT F-409, PRABHAVATHI RIDGE APARTMENT 3RD CROSS, DLF, 2ND MAIN ROAD AVANI SHRINGERI NAGAR NAYANAPPANALLI BANGALORE-560 076 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R-1;
SHRI. D.S. SRINIVAS MURTHY, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.3/2019 ON THE FILE OF THE VI ACMM, BENGALURU AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is presented with a prayer to quash the FIR No.03/2019 registered on 05.01.2019 in East Zone Women Police Station, Bengaluru, alleging offences punishable under Section 498A of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, against petitioners. First Petitioner is second respondent’s husband. Petitioners No.2 & 3 are parents of first petitioner.
2. Heard Smt. Kalyani Agarwal, learned advocate for the petitioners, Shri Nasrulla Khan, learned HCGP for the State and Shri D.S.Srinivas Murthy, learned advocate for respondent No.2.
3. Learned advocates for the petitioners and respondent No.2 jointly submit that the parties have settled the matrimonial dispute amicably before the Bengaluru Mediation Centre and filed a Memorandum of Settlement in M.C.No.1477/2019. As per clause 5 of the said settlement, parties have agreed that second respondent would co-operate for quashing of criminal proceedings in Crime No.03/2019 pending on the file of VI ACMM, Bengaluru. Accordingly, they have filed a Joint Affidavit of even date in this petition, duly signed by the petitioners, respondent No.2 and their respective advocates with a prayer to quash the proceedings in Crime No.03/2019. They pray that this petition may be disposed of in terms of the said Joint Affidavit.
4. The petitioners and respondent No.2 are present and identified by their respective advocates. They admit the contents of the Joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
“JOINT AFFIDAVIT We, Mr. Tuhin Joardar, S/o. Parimal Joarder, Aged about 38 years, residing at Block-C2, Flat No.1508, L & T South City, J P Nagar, 7th phase, Arekere, Bengaluru-560076 and Smt. Abhimita Debnath, D/o Dulal Debnath, aged about 33 years, residing at F-409, Prabhavathi Ridge Apartment, 3rd Cross, DLF, 2nd Main Road, Avani Shringeri Nagar, Nayanappanalli,Banaglore-560076 do hereby solemnly affirm and sate on oath as follows:
1. We are the first petitioner and the 2nd respondent respectively in the above petition, we are aware of the facts and circumstances of the case, hence swearing hereto.
2. We state that the marriage between us was solemnized on 07.03.2014 at Chennai as per Hindu rites and customs. After the marriage, we started our marital life at the residence of first of us.
3. We state that, as there was marital discord, the 2nd of us had lodged a comlaint dated 15.11.2018 with the 1st Respondetn for the offences punishable under Sec. 498-A of IPC read with Sec. 3 & 4 of Dowry Prohibition Act against Petitioners. On the basis of said complaint, the first Respondent registered a case in Crime No. 3/2019 by arraying the first of us and his parents as accused and the said case is pending investigation.
4. We state that the 2nd of us had also filed a petition in MC No. 1477/2019 on the file of III Addl. Family Court, Bangalore seeking dissolution of marriage. The said petition was referred to mediation to explore the possibilities of settlement. During mediation, we have settled all our differences and entered into a settlement agreement following terms:
a. That both of us have mutually consented to dissolve our marriage dated 07.03.2014;
b. The second of us has undertaken to withdraw the complaint dated 15.11.2018 against the first of us and my parents.
c. That the parties are gainfully employed and they can maintain themselves as such they are not claiming any maintenance or permanent alimony against each other.
5. In pursuance of the aforesaid settlement agreement entered between us in M.C.No. 1477/2019 on the file of III Addl. Family Court, Bangalore, the Hon’ble Family court was pleased to dissolve the marriage between us vide order dated 29.06.2019.
6. In view of settlement arrived at between us, the second of us has no objections to quash the FIR and complaint in Crime No. 3/2019 on the file of on the VI ACMM at Bengaluru and consequently the entire proceeding.
WHEREFORE, we humbly pray that this Hon’ble Court be pleased to quash the FIR and complaint in Crime No. 3/209 on the file of on the VI ACMM at Bengaluru and consequently the entire proceeding to meet the ends of justice and equity.
We the deponents do hereby state that what is stated above are true and correct to the best of our knowledge belief and faith.” (sic) 5. 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 Crime No.03/2019 pending on the file of VI ACMM, Bengaluru, are quashed.
6. Petition is accordingly disposed of.
No costs.
Sd/- JUDGE AV