IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.7251 OF 2019 BETWEEN:
1. YOGESH M.L. S/O.M.D.LAKSHMINARAYANA AGED ABOUT 39 YEARS 2. M.D.LAKSHMINARAYANA S/O.LATE DASAPPA AGED ABOUT 60 YEARS 3. BHAGYALAKSHMI AGED ABOUT 55 YEARS W/O.M.D.LAKSHMINARAYANA 4. VEENA AGED ABOUT 35 YEARS W/O.C.N.ASHOK D/O.M.D.LAKSHMINARAYANA R/A.BANGALORE – 560 028 5. CHETHAN M.L.
AGED ABOUT 37 YEARS S/O.M.D.LAKSHMINARAYANA PETITIONER NOS.1 TO 5 ARE R/AT.NO.50 GAVIRANGA NILAYA, 1ST CROSS MICO LAYOUT, MAHALAKSHMIPURAM BENGALURU – 560 086.
... PETITIONERS (BY SRI.JETHU R.S. ADV.,) AND:
1. STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION BENGALURU REP. BY HCGP AT HIGH COURT OF KARNATAKA BENGALURU – 560 001.
2. RASHMI.A AGED ABOUT 31 YEARS W/O.YOGESH M.L.
PRESENTLY R/AT.#721, 21ST MAIN ROAD J.P.NAGAR II PHASE BENGALURU – 560 078.
…RESPONDENTS (BY SRI.R.D.RENUKARADHYA, HCGP FOR R-1, SRI.K.A.CHANDRASHEKAR, ADV., FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DTD.22.09.2018 OF TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/SEC.498A OF IPC AND 4 OF DP ACT, WHICH IS NOW REGISTERED IN C.C.NO.33906/2018 ON THE FILE OF VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE CITY, AGAINST THE PETITONERS AND ETC., THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petition, the pettiioners have prayed for the following reliefs:
“(i) Call for records, if necessary.
(ii) Quash the Order dated 22.09.2018, taking cognizance for the offences punishable U/sec. 498° of IPC and 4 of DP Act. Which is now registered in C.C.no.33906/2018, on the file of Vith Additional Chief Metropolitan Magistrate, Bangalore City, against the Petitioners;
(iii) and consequently discharge the Petitioners, of the offences punishable u/sec. 498-A IPC and Secs. 4 of D.P.Act, in C.C.No.33906/2018, pending of the file of the Chief Metropolitan Magistrate, Bangalore vide Annexure-A;
(iv) Grant such other order or orders, which this Hon’ble Court may be pleased to pass, in the circumstances of the case, to stop the abuse of process of Court, in the interest of justice.”
2. First petitioenr and respondent No.2 were married on 02.02.2019. There were certain domestic issues which has lead to filing of matrimonial case in M.C.No.2792/2018 under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act, wherein, the first petitioner herein has sought for dissolution of the marriage with the sole respondent. In the meanwhile, the respondent-wife has filed M.C.No.3413/2017 for restitution of conjugal rights and she has also filed Crl.Misc.No.118/2017 under the provision of Domestic Violence Act and further registered a complaint under Section 498-A of IPC before the Ulsoor Gate Women’s police Station in Cr.No.12/2017, wherein ‘B’ report was filed before VI ACMM Court, Bengaluru and it was the subject matter of filing a protest petition and the same is pending consideration in C.C.No.33906/2018. When things stood thus, first petitioner – Yogesh M.L. and respondent No.2 – Smt. Rashmi A., presented a Memorandum of Agreement under Section 89 of Code of Civil Procedure r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, for settlement among themselves. In paragraph No.(e) of the said memo, it is agreed upon by the parties for withdrawl of the various proceedings which reads as under:
“e) The respondent has agreed to withdraw the proceedings pending in M.C.No.3413/2017 filed under Section 9 of the Hindu Marriage Act, before the Prl. Judge Family Court at Bengaluru, the proceedings in Crl.Misc.No.118/2017 filed under the provisions of D.V.Act, on the file of V MMTC, Bengaluru and the criminal case in C.C.No.53906/2018 (Cr.No.12/2017) pending on the file of VI ACMM, Bengaluru.”
3. In view of the aforesaid facts and circumstances, the proceedings pending in C.C.No.33906/2018 against the petitioners stand quashed, subject to payment of cost of Rs.10,000/- by the petitioners to the ‘High Court Legal Services Committee, Bengaluru’ within a period of four weeks from the date of receipt of a copy of this order, for the reason that they have caused inconvience to the Government machinery, in other words, by filing FIR and other proceedings before various courts.
Petition stands allowed.
Sd/- JUDGE HJ