Karnataka High Court
Sri Sarath Sreedevan vs State Of Karnataka on 16 March, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.199 OF 2022
BETWEEN
1. SRI SARATH SREEDEVAN
S/O MR SREEDEVAN,
AGED ABOUT 37 YEARS,
CURRENTLY RESIDING AT
MECHERIL THARAYIL
PATHIYOORKALA, KEERIKADU,
P.O. KAYAMKULAM, ALLEPPEY,
KERALA - 690 508
EARLIER HAVING ADDRESS AT
NANDI LAYOUT,
MOTORWORLD PVT. LTD.
NO.88/364/51,
SERVICE ROAD, BANASWADI,
BANGALORE - 560 043
2. SMT. RADHAMANI AMMA
W/O SRI SREEDEVAN,
AGED ABOUT 67 YEARS,
RESIDING AT MECHERIL THARAYIL
PATHIYOORKALA, KEERIKADU,
P.O. KAYAMKULAM
ALLEPPEY, KERALA 690508
REPRESENTED HEREIN
BY HER POA HOLDER
SRI SARATH SREEDEVAN
(PETITIONER NO 1 ABOVE)
2
3. SRI SREEDEVAN
S/O LATE NARAYANA KURUP,
AGED ABOUT 75 YEARS,
RESIDING AT MECHERIL THARAYIL
PATHIYOORKALA, KEERIKADU,
P.O. KAYAMKULAM
ALLEPPEY, KERALA 690508
REPRESENTED HEREIN
BY HER POA HOLDER
SRI SARATH SREEDEVAN
(PETITIONER NO 1 ABOVE)
... PETITIONERS
[BY SMT. INDIRA PRIYADHARSHINI, ADV. FOR
SRI. H.N.NARENDRA, ADV.]
AND
1. STATE OF KARNATAKA
THROUGH MARATHAHALLI P S,
BENGALURU DISTRICT,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU 560001
2. SMT SHILPA SARATH
D/O SRI SIVAN KUTTY,
AGED ABOUT 34 YEARS,
RESIDING AT 1ST FLOOR, 1ST HOUSE
HOMBEGOUDA BUILDING,
NEAR KSVK SCHOOL ROAD,
VINAYAKANAGAR, HADGURU,
BENGALURU - 560 066
... RESPONDENTS
[BY SMT. ANUSUYA, ADV. FOR
SRI. SIJI MALAYIL, ADV. FOR R2;
SMT. YASHODA K.P., HCGP FOR R1]
3
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED FIR,
CHARGE SHEET AND FURTHER PROCEEDINGS IN
C.C.NO.52961/2019 (ANNEXURE-A) AND IN
CR.NO.254/2017 REGISTERED BEFORE THE
MARATHAHALLI P.S., (ANEXURE-B AND C) FOR THE
OFFENCE P/U/S 498A OF IPC AND SEC.3,4 OF D.P ACT
PENDING ON THE FILE OF THE XXIX ACMM, BANGALORE
(EARLIER NUMBERED AS XLIII ACMM, BANGALORE
DISTRICT).
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners had called in question the proceedings in C.C.No.52961/2019, registered for offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. During the pendency of this petition, the parties to the lis have arrived at a settlement and have filed such memorandum of settlement before this Court by way of joint memo.
4The joint memo reads as follows:
"JOINT MEMO
1. It is submitted that the marriage of the petitioner no.1 with the respondent herein was solemnized on 15/09/2011 at Thamarasseril Auditorium, Evoor, Pathiyoor Village, Karthigapally Taluk, Alappuzha District, Kerala. The respondent no.2 herein had filed a complaint against the petitioners herein for the alleged offences under section 498A, 323, 504, 506 and section 34 of Indian Penal Code R/w section 3 and 4 of DP act. Respondent no.1 police filed a FIR against the petitioners herein in Crime no.0254/2017 the same is pending before the Ld. 43rd Additional Chief Metropolitan Magistrate, Mayo hall Unit Bengaluru, presently before 29th Additional Chief Metropolitan Magistrate, Mayo hall Unit, Bengaluru. Subsequently after the investigation being completed, charge sheet was filed in C.C.No.52961/2019.5
2. It is submitted that, the dispute arose due to disturbance in the marital life of the Petitioners and respondent no.2, hence the respondent no.2 herein filed a petition, in MC No.1970/2017 before the Ld. IV Addl. Judge, Family Court Bengaluru, seeking decree of divorce against the 1st petitioner. In the meanwhile, 1st Petitioner and the respondent no.2 agreed to settle the dispute amicably. Accordingly during the pendency of the said case, the matter was referred for mediation before the Bangalore Mediation Centre. In the mediation, the matter has been settled amicably and 1st Petitioner and the Respondent no.2 entered into Memorandum of Settlement dated 06/04/2021 on following terms and conditions.
a. The petitioner no.1/husband has agreed to pay a sum of Rs.8000/- per month for the maintenance of the minor son, till he attains 6 majority. He also agreed to enhance 10% of the said amount every five year.
b. Further Petitioner no.1/husband has agreed to pay an amount of Rs.15,00,000/- to the respondent no.2 herein, towards her claim of maintenance/permanent alimony in full and final settlement. Accordingly Rs.6,50,000/- is paid through a DD bearing No.544539, dated 22/03/2021 drawn on Federal Bank, Alappuzha District, Kerala, and two post dated cheques for Rs.1,00,000/- each were issued to the respondent no.2 herein at the time of reporting settlement in MC No.1970/2017, before IV Addl Judge, Family Court, Bengaluru.
c. Further remaining amount of Rs.6,50,000/- will be handed over to the respondent no.2 herein at the time of quashing 7 C.C.No.52961/2019 pending on the file on 29th ACMM, Bengaluru, before this Hon'be court.
3. In view of the settlement arrived between the parties, the remaining due amount of Rs.6,50,000/- is paid to the respondent no.2 by way of DD bearing no.544698, dated 20/12/2021 drawn on MUTTOM (ALAPUZHA) Bank before this Honb'ble court.
4. In view of the said settlement, this Hon'ble court may be pleased to quash the proceedings in C.C.No.52961/2019 pending on the files on 29th ACMM, Bengaluru.
Hence this Memo."
3. The learned counsel appearing for the respondent No.2 and respondent-in-person would submit that the conditions stipulated in the joint memo are fulfilled by handing over of a Demand Draft of 8 Rs.6,50,000/-, which is acknowledged by the respondent No.2.
4. Therefore, for the reason that the parties have entered into a settlement in terms of the joint memo, the proceedings in C.C.No.52961/2019 pending on the file of the XXIX Additional Chief Metropolitan Magistrate, Bangalore stands quashed, qua the petitioners.
The Criminal Petition stands disposed.
Sd/-
JUDGE KG