IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF JULY, 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.3452 OF 2019 BETWEEN:
1. SHRI VALLISHA PRASAD AGED ABOUT 27 YEARS, S/O R.PRASAD, 2. SHRI R.PRASAD AGED ABOUT 62 YEARS, S/O LATE B.H.RAMACHANDRA, 3. SMT. SHYLAJA AGED ABOUT 54 YEARS, W/O R.PRASAD, ALL RESIDENTS OF NO.35, 1ST FLOOR, 8TH CROSS, NR COLONY, BENGALURU-560 019.
4. MS.SHRUTHI H.MURTHY AGED ABOUT 34 YEARS, NO.1268, 25TH ‘A’ MAIN, NEAR BENGALURU CENTRAL MALL, 9TH BLOCK, JAYANAGAR, BENGALURU-560 004.
…PETITIONERS (BY SHRI VIJAYAKUMAR R., ADVOCATE) AND:
1. STATE OF KARNATAKA BY BASAVANAGUDI POLICE, BENGALURU-560 079.
REP. BY THE STATION HOUSE OFFICER.
THE POLICE INSPECTOR BY SPP, HIGH COURT BUILDING , BENGALURU-560 001.
2. SMT. ANUSHREE V AGED ABOUT 25 YEARS, W/O SHRI VALLISHA PRASAD, NO.3165, II STAGE, PIPELINE ROAD, KUMARASWAMY LAYOUT, BENGALURU-560 078.
(BY SMT. K.P.YASHODHA, HCGP FOR R1 … RESPONDENTS SHRI B.H.SHAMANNA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.135/2018 ON THE FILE OF 1ST RESPONDENT -
BASAVANAGUDI POLICE SUBMITTED TO THE 2ND ADDL.C.M.M., BENGALURU AND ALL FURTHER PROCEEDINGS BY ALLOWING THIS CRL.P.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner No.1 is husband of respondent No.2, petitioners No.2 & 3 are his parents and petitioner No.4 is his sister. Respondent No.2 initiated proceedings under Section 498-A read with Section 34 of IPC against petitioners and the same are pending in Crime No.135/2018 on the file of II Additional Chief Metropolitan Magistrate, Bengaluru.
2. Heard Shri Vijayakumar R., learned advocate for the petitioners and Smt. K.P.Yashodha, learned HCGP for respondent No.1-State and Shri B.H.Shamanna, learned advocate for respondent No.2.
3. By order dated 14.06.2019, this Court had referred the matter to Bangalore Mediation Centre. 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.2501/2019. As per clause 4 of the said settlement, parties have agreed that second respondent-wife would co-operate for quashing of proceedings in Crime No.135/2018 pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru. Accordingly, parties have filed a Joint Affidavit of even date in this petition, duly signed by the petitioners, respondent No.2 and their respective advocates, stating that they have mutually resolved the dispute and prays to quash the proceedings in Crime No.135/2018. They pray that this petition 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 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) Vallisha Prasad aged about 27 years, son of R.Prasad (2) R.Prasad aged about 62 years, son of late B.H.Ramachandra (3) Shylaja aged about 54 years, wife of R.Prasad, all residents of No.35, 1st Floor, 8th cross, NR Colony, Bangalore-560 019 (4) Ms.Shruthi H.Murthy, aged about 34 years, No.1268, 25th ‘A’ Main, Near Bangalore Central Mall, 9th block, Jayanagar, Bangalore-560 069 and (5) Anushree V., aged about 25 years, D/o Sri K.Viswanath, No.3165, II Stage, Pipeline Road, Kumaraswamy Layout, Bangalore-560 078, do hereby solemnly affirm and state as follows:-
1. The first of us is the son of the second and third of us. The 4th of us is the sister of the first of us. The fifth of us was the wife of the first of us and daughter in law of the second and third of us.
2. The first to fourth of us have filed the above petition seeking quashing of the FIR in Crime No.135/2018 on the file of the first respondent and the further proceedings in the said crime number and for other reliefs.
3. The marriage of the first of us with the fifth of us solemnized on 2.2.2018 at Sri Prasanna Kalyana Mandira, No.315, 5th cross, 10th E Main, 1st Block, Jayanagar, Banglaore according to Hindu rites and customs. It was an arranged marriage. The marriage got registered vide Doc.No.BSG- HM965-2017, in the office of the Sub-Registrar, Basavanagudi on 22.2.2018. The marriage could survive hardly for two months. The marriage is not consummated. Alleging cruelty, the fifth of us Ms.Anushree V., set the law into motion vide complaint 30.4.2018 in Crime No.135/2018 for the offences punishable under Section 498a read with Section 34 of IPC. Final Report is yet to be filed. The fifth of us also filed a complaint alleging Domestic Violence on the file of the V MMTC, Bangalore in C.Misc.113/2018. The first and the fifth of us have filed a petition for divorce by mutual consent under the provisions of Section 13-B of the Hindu Marriage Act on the file of the Family Court, Bangalore in MC.NO.2501/2019 and that the Hon’ble Family Court was pleased to grant a decree of divorce by mutual consent on 6.7.2019. We have settled our dispute through mediation, the agreement entered into between us has been received by this Hon’ble Court. The proceedings in C.Misc.113/2018 was also withdrawn on 9.7.2019 by the fifth of us.
4. The dispute between us is settled amicably and that there is no use in keeping the criminal proceedings. In view of the amicable settlement and in view of their future prospectus, it is just and necessary to quash the proceedings initiated against the 1st to 4th of us.
5. We are advised to submit that the offences alleged are non- compoundable and therefore, this Hon’ble Court has ample power to quash the proceedings under the inherent powers.
WHEREFORE, we pray that this Hon’ble Court be pleased to quash the FIR in Crime No.135/2018 on the file of the 1st respondent-Basavanagudi Police submitted to the 2nd Addl. CMM, Bangalore, and all further proceedings by allowing the above petition in the interest of justice and equity”.
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.135/2018 on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
6. Petition is accordingly disposed of.
In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE PB