Karnataka High Court
Smt. G N Leelavathi vs The State Of Karnataka on 1 October, 2024
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NC: 2024:KHC:41030
CRL.P No. 5000 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5000 OF 2019
BETWEEN:
SMT. G.N. LEELAVATHI,
W/O. LATE Y.M. SURESH,
AGED ABOUT 62 YEARS,
DOOR NO.2579, ARALEPETE
ROAD, NEAR M.H. CONVENTION
HALL, HASSAN - 573 201
...PETITIONER
(BY SRI. SANDESH C.R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY HASSAN
WOMEN POLICE STATION,
HASSAN DISTRICT, REPRESENTED
BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
Digitally
signed by
NANDINI B 2. SMT N.Y. POORVITHA,
G W/O. Y.S. SANTHOSH,
Location: D/O. N.S. YOGAPPA,
high court of
karnataka AGED ABOUT 30 YEARS,
R/AT: RALEPET, #2579,
NEAR M H CONVENTION HALL,
HASSAN TOWN, NIRUGUNDHA VILLAGE,
SOMAVARPET TALUK, HASSAN,
KARNATAKA - 573 201. ALSO AT:
NEERGUNDA VILLAGE, KODLIPET,
SOMVARPET TALUK, KODAGU
DISTRICT - 571 236
...RESPONDENTS
(BY SMT. ASMA KOUSER, ADDL.S.P.P. FOR R1
SRI. SANGAMESH R.B., ADVOCATE FOR R2)
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NC: 2024:KHC:41030
CRL.P No. 5000 of 2019
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
CHARGE SHEET VIDE ANNEXURE-C AND THE ENTIRE PROCEEDINGS
IN C.C.NO.2093/2019 PENDING BEFORE THE HON'BLE 4TH
ADDITIONAL CJ AND JMFC, AT HASSAN VIDE ANNEXURE-D AGAINST
THE PETITIONER PURSUANT TO THE COMPLAINT LODGED BY THE
RESPONDENT NO.2 VIDE ANNEXURE-A.
THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner - accused No.2 is absent. Her son Sri. Santhosh Y S, being the power of attorney holder for the petitioner is present. Respondent No.2 is present along with her counsel. The parties are identified by their respective counsel.
2. Learned counsel for the petitioner and learned counsel for respondent No.2 have filed the joint memo and sought for permission to withdraw the joint memo filed on 30.09.2024.
3. Learned counsel for the petitioner has no objection for the same.
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4. Hence, the memo is accepted, joint memo dated 30.09.2024 is rejected as not pressed.
5. Learned counsel for the petitioner has filed IA No.1/2024 under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and under Section 320 of Cr.PC, seeking permission to compound the offence punishable under Sections 498A, 323, 504, 506, read with Section 34 of Indian Penal Code (for short 'IPC') and under Sections 3 and 4 of Dowry Prohibition Act (for short 'DP' Act) pending in C.C.No.2093/2019 registered by respondent police for the offence.
6. Perused the application. For the reasons stated in therein, the same is allowed and the parties are permitted to compound the offence.
7. Learned counsel for the petitioner and learned counsel for respondent No.2 have filed the joint affidavit, which reads as under:
"We, Santhosh. Y.S, S/o. late Y.M. Suresh, aged about 41 years, residing at Door No.2579, Aralepete Road, Near M.H. Convention Hall, Hassan - 573 201 and N.Y. Poorvitha, D/o. N.S. Yogappa, W/o. Y. Santhosh, -4- NC: 2024:KHC:41030 CRL.P No. 5000 of 2019 aged about 35 years, residing at Neergunda Village, Kodlipet, Somvarpet Taluk, Kodagu District - 571 236 do hereby solemnly state on oath as follows:-
1. We, Santhosh, Y.S is the SPA holder of the petitioner and N.Y. Poorvitha is the respondent No. 2 in the above captioned petition and we are well conversant with the facts and circumstances of the case and hence, we are swearing to the contents of this affidavit.
2. This affidavit is filed to bring it to the notice of this Hon'ble Court that upon mutual discussions and negotiations, both of us have arrived at a settlement and accordingly, the dispute inter-se has already been resolved before the Hon'ble Court of Principal Judge, I Additional, Family Court, Hassan wherein by recording the petition filed by us under Rules 24 and 25 of the Karnataka Civil Procedure Mediation Rules, 2005 read with Section 89 of the Code of Civil Procedure, 1908 during the Lok Adalat that was held on 17.01.2024, a decree was drawn in disposing the divorce proceedings in M.C. No. 48/2019 thereby recording the mediation report as well as the conditions stated therein And similar conditions are extracted and noted herein below so as to record the same and dispose of this criminal petition as settled.-5-
NC: 2024:KHC:41030 CRL.P No. 5000 of 2019 CONDITIONS:-
1. The marriage of both the parties was performed on 12.12.2013 as per Hindu rites and customs before the elders, seniors and in the presence of relatives at Sri. Basaveswara Kalyan Mantap situated at Kodlipet, Somwarpet Taluk, Kodagu District.
2. Due to the worldly life, a male child was born on 06.05.2016 and the name of the child is Y.S. Likhil and is a minor.
3. In the marriage life of both the parties, animosity and misunderstanding with each other has cropped up and even though, the elders, seniors, well-wishers and also, the advice of the relatives, both the parties could not get adjustments in the family and due to this, both the parties are living separately from the past four (4) years leading their respective lives. Further, the petitioner and respondent No. 2 have come to a decision that even in future, they cannot lead a family life and thus, decided to part ways.
4. It is further agreed amongst the petitioner and respondent No. 2 that in future also, the minor son will be in the custody of the respondent No.2 and also, Y.S. Likhil, minor son's health, maintenance, nutrition, responsibility of education will be borne by the respondent No.2 completely. The petitioner -6- NC: 2024:KHC:41030 CRL.P No. 5000 of 2019 has agreed that he will not ask/seek for the custody, right of possession of the minor son.
The petitioner also, agrees that he shall withdraw the case filed in G & WC No. 3/2020 before the concerned Hon'ble Family Court at Hassan.
5. The petitioner is paying an amount of `6,00,000/- (Rupees Six Lakhs only) to the respondent No.2 as one time and full and final settlement so as to sustain her life and has sent the aforesaid amount through RTGS bearing No. SBINRT 2024010894647119 from SBI Bank, Thanneera Halla Branch, Hassan. Also, the amount is paid to the respondent No. 2 by the petitioner for the purposes of the future of the minor son Y. S. Likuhil where a joint Account in Fixed Deposit bearing No 409150010024701 at Karnataka Bank, Kodlipet, Somwarpet Taluk, Kodagu District is opened on 08.01.2004 which shall earn interest and when he attains majority, the interest amount earned on the Fixed Deposit can be spent on the expenses towards the health, maintenance, nutrition responsibility of education of the minor son. The possession of the said Fixed Deposit Bond is given to the respondent No. 2.
6. The respondent No.2 has lodged a complaint as against the petitioner and his mother Smt. G.N. Leelavathi before Women Police Station, -7- NC: 2024:KHC:41030 CRL.P No. 5000 of 2019 Hassan City and registered the said complaint in C.C. No.2093/2019 under the provisions of Sections 498(A), 323, 504, 506 read with Section 34 of IPC, 1860 before the Hon'ble Court of VII Additional Civil Judge & JMFC at Hassan and she has agreed to appear in the concerned Court and take back the statement given thereby shall do the needful in getting the said proceedings closed. In addition to the above, the respondent No. 2 had filed a case in Crl. Misc. No. 349/2019 before the Hon'ble Court of IV Additional Civil Judge & JMFC, Hassan, for sustenance and she has agreed to withdraw the said case by virtue of the settlement arrived.
7. Apart from the aforesaid cases between the petitioner and respondent No.2, if any other Civil and Criminal cases are pending then, the same shall be disposed of in accordance with law. The petitioner's mother namely Smt. G. N. Leelavathi, who is the accused No. 2 had also filed a petition in Crl. Pet. No. 5000/2019 under Section 482 of Cr.P.C., 1973 before this Hon'ble Court seeking to quash the Criminal Case in C.C. No. 2093/2019 and that the respondent No. 2 has consented to co-operate so as to file a Joint Memo or an affidavit as similarly done in this petition in seeking to get the said petition in Crl.Pet. No.5000/2019 disposed of in terms of the compromise.
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8. All the gold ornaments and jewelry returned amongst get the petitioner and respondent No.2 and both the respective parties shall have nothing against each other in so far as the claim with respect to this aspect is concerned now and in future.
9. The respondent No. 2 had agreed that in future, the respondent No.2 should not claim or file any Civil or Criminal cases in so far as any immovable property or for any sustenance from the family of petitioner.
10. Both the respective parties have agreed to withdraw all the accusations and counterclaims made as against each other.
11. The petitioner and respondent No.2 have got their marriage dissolved by a decree of divorce in M. C. No. 48/2019 as per the terms of compromise as well as by recoding the mediation report and as such, both the respective parties have no claims as against each other of whatsoever nature. Therefore, both the parties in view of divorce, are leading their independent life respectively and undertake that they shall not interfere with each other's life.
12. Both the parties had agreed to afford themselves with all other expenses.
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3. In view of the decree drawn by the Hon'ble Court of Principal Judge, I Additional, Family Court, Hassan recording the compromise arrived at as per the conditions imposed in the petition filed under Rules 24 and 25 of the Karnataka Civil Procedure Mediation Rules, 2005 read Section 89 of the Code of Civil Procedure, 1908 during the Lok Adalath that was held on 17.01.2004, the second of us being the complainant has agreed to appear before the concerned Hon'ble Court and take back the statement given thereby doing the needful so to pet the said proceedings in C.C. No.2093/2019 closed amicably as per the terms appended supra.
4. We further submit that Smt. G. N. Leelavathi, who is the accused No. 2 has filed the present petition under Section 482 of Cr.P.C., 1973 seeking this Hon'ble Court to quash the Criminal Case registered in C.C. No. 2093/2019 and the second of us being the daughter-in- law has consented to co-operate so as to file a joint memo or an affidavit as similarly done in this petition in seeking to get the said petition in Crl. Pet. No. 5000/2019 disposed of in terms of the aforesaid compromise. Hence, the second of us having already conceded before the Hon'ble Court to dismiss the Criminal Case registered in C.C. No. 2093/2019, this joint affidavit is filed to dispose of the above captioned petition thereby recording the conditions narrated herein above.
5. The parties submit that there is no force or coercion in order to report the settlement and get this petition
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NC: 2024:KHC:41030 CRL.P No. 5000 of 2019 disposed of as per the terms and conditions stated supra and the respective parties have signed this joint affidavit. Neither of the parties to this petition have any claims as against each other whatsoever in future. Therefore, considering this joint affidavit, it is respectfully prayed to dispose of the present petition as settled and this joint affidavit be taken on record, in the interest of justice and equity."
8. Along with the joint affidavit, copy of the decree passed in MC.No.48/2019 on the file of learned Principal Judge, 1st Additional Family Court, Hassan and copy of the general power of attorney deed dated 28.02.2024 executed by the petitioner in favour of her son Sri. Santhosh Y S is also produced. As per the terms of the Power of Attorney deed, the petitioner has authorized her son to swear to an affidavit and to represent her in the proceedings.
9. As per the decree passed in M.C.No.48/2019, the marriage between accused No.1 and respondent No.2 is dissolved. Accused No.1 has paid Rs.6,00,000/- as one time settlement and full & final settlement by transferring the amount to her account through RTGS. The minor son was agreed to be in the custody of respondent No.2.
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NC: 2024:KHC:41030 CRL.P No. 5000 of 2019
10. The Power of Attorney holder of the petitioner and respondent No.2 have admitted the terms of settlement as stated above. Respondent No.2 specifically stated that she has received an amount of Rs.6,00,000/- from the petitioner, through RTGS towards full and final settlement and her claim against accused Nos. 1 and 2. Accused have admitted that the minor son is given to the custody of respondent No.2.
11. Both the parties have agreed to withdraw the allegations made against each other. Respondent No.2 agreed to withdraw the allegations made in the criminal case and submits no objection to allow the petition. Both the parties agreed to close the G & WC No.3/2020 as the dispute is settled amicably. Satisfied with the terms of compromise. Hence, the joint affidavit is accepted.
12. Accordingly, I proceed to pass the following:
ORDER
(i) The petition is allowed.
(ii) The criminal proceedings pending in C.C.No.2093 of 2019 before the learned 4th Additional CJ & JMFC, Hassan, registered for the offence punishable under Sections 498A, 323,
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NC: 2024:KHC:41030 CRL.P No. 5000 of 2019 504, 506, read with Section 34 of Indian Penal Code (for short 'IPC') and under Sections 3 and 4 of Dowry Prohibition Act (for short 'DP' Act), is hereby quashed.
Sd/-
(M G UMA) JUDGE SPV List No.: 4 Sl No.: 1