Karnataka High Court
Jayanta Das vs The State Of Karnataka on 17 July, 2019
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
Crl.P.No.8696/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY 2019
BEFORE
THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR
CRIMINAL PETITION NO.8696 OF 2018
BETWEEN:
1. JAYANTA DAS
S/O. JAHRLAL DAS
AGE 36 YEARS
R/A. NO.23, 24, 52/2
2ND CROSS, RAJIV GANDHI NAGAR
HSR LAYOUT, SECTOR-VI
BANGALORE - 560 068
2. JAHARLAL DAS
S/O. NAIDER CHAND DAS
AGED ABOUT 66 YEARS
3. KALPANA DAS
W/O. JAHARLAL DAS
AGED 65 YEARS
4. SUSHANTA DAS
S/O. JAHARLAL DAS
AGED 32 YEARS
2 TO 4 R/A. J.K.VILLA
HRISHI ARVINDA LANE
NEAR MANASA MISTANNA BHANDAR
BARDOWALI PO, A.D.NAGAR
TRIPURA WEST - TRIPURA-799003
...PETITIONERS
(BY SMT SUNITHA M, ADVOCATE)
Crl.P.No.8696/2018
2
AND:
1. THE STATE OF KARNATAKA
BY MADIVALA POLICE STATION
BANGALORE CITY
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE - 560034
2. MOUSUMI SARKAR
D/O. NARAYAN CHANDRA SARKAR
W/O. JAYANTA DAS
AGED ABOUT 34 YEARS
A) PRESENTLY RESIDING
AT NO.23, 24, 52/2
2ND CROSS, RAJIV GANDHI NAGAR
HSR LAYOUT, SECTOR-VI
BENGALORE - 560 068
ADDRESS OF RESPONDENT NO.2
WHILE FRAMING CHARGE SHEET WAS
B) NO.57, C/O.NARAYANA CHANDRA
SARKAR, 2ND FLOOR, 2ND CROSS
BHCS LAYOUT, VIRAT NAGAR,
BOMMANAHALLI
BANGALORE - 560068
... RESPONDENTS
(BY SMT. K.P.YASHODHA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS AGAINST THE PETITIONERS IN
C.C.NO.18810/2015, REGISTERED BY THE MADIVALA
POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S
498(A) OF IPC AND SECTION 3 AND 4 OF DOWRY
Crl.P.No.8696/2018
3
PROHIBITION ACT PENDING ON THE FILE OF III ACMM,
BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Petitioners have challenged criminal proceedings initiated under Section 498A of Cr.P.C. against them by second respondent - Mousumi Sarkar.
2. First petitioner is the complainant's husband. The parties have settled the matrimonial dispute in M.C.No.1566/2015 by filing a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation Rules, 2005. As per Clause 6(a) of Memorandum of Settlement, second respondent has agreed to co- operate with 1st petitioner in getting the criminal proceedings in C.C.No.18810/2015 pending before Chief Metropolitan Magistrate, Bengaluru, quashed. Crl.P.No.8696/2018 4
3. Smt. Sunitha M, learned advocate appearing for the petitioner has filed a joint affidavit signed by Shri - Jayanta Das/first petitioner and Smt. Mousumi Sarkar/second respondent. Both first petitioner and second respondent are present before the Court and they submit that they have resolved the dispute amicably and pray that this petition be disposed of in terms of the said Joint Affidavit.
4. The petitioner and respondent No.2 are identified by learned advocate appearing for first petitioner. They admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
"We, (i) Jayanta Das, S/o. Jaharlal Das, Aged about 36 years, and (ii) Smt. Mousumi Sarkar, D/o. Narayan Chandra Sarkar, W/o. Jayanta Das, Aged about 34 years Both R/a. 23, 24, 52/2, 2nd Cross, Rajiv Gandhi Nagar, HSR Layout, Sector-VI, Crl.P.No.8696/2018 5 Bangalore-560 068 do hereby solemnly affirm and state on oath as follows:-
1. We are the Petitioner No.1 and Respondent No.2 in the above petition and we know the facts of the case.
2. We submit that we are husband and wife respectively, the second of us had filed a Private Complaint against the petitioners before Madivala Police Station. Upon the said complaint FIR and Charge Sheet was filed against the petitioners 1 to 4 for offence punishable under section 498 (A) R/w 3 and 4 of DP Act. Wherein C.C.No.18810/2015 is pending before the Chief Metropolitan Magistrate, Bangalore City at present the above case is now stands posted for Further Evidence of Complainant.
3. We, i.e., The Petitioner No.1 and the respondent No.2 have settled the dispute amicably in the petition for Crl.P.No.8696/2018 6 Divorce filed by 1st of us in M.C.No.1566/2015 and as per the mediation agreement, we both have re-
union are living together since from 28- 10-2018.
4. Wherefore, we pray that the Hon'ble Court be pleased to Quash the entire proceedings against the petitioners in C.C.No.18810/2015, registered by the Madivala police station Bangalore city, for the offences under Section 498 (A) of IPC R/w 3 and 4 of DP Act pending on the file of Chief Metropolitan Magistrate, Bangalore City, in the interest of justice."
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 Crl.P.No.8696/2018 7 appropriate to quash the criminal proceedings and accordingly all proceedings in CC.No.18810/2015 on the file of III Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
5. Petition is accordingly disposed of. No costs.
Sd/-
JUDGE HJ