Karnataka High Court
Sri Ramakrishna V vs The State Of Karnataka on 20 August, 2019
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
CRL.P. No.4025/2019
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.4025 OF 2019
BETWEEN :
1. SRI. RAMAKRISHNA V
S/O LATE VENKATARANGAIAH G
AGED ABOUT 34 YEARS
2. SMT. CHANDRAKALA R
W/O LATE VENKATARANGAIAH G
AGED ABOUT 59 YEARS
3. SRI. SRINIVAS V
S/O LATE VENKATARANGAIAH G
AGED ABOUT 38 YEARS
4. SMT. SUCHITRA S
W/O SRI. SRINIVAS V
AGED ABOUT 35 YEARS
ALL ARE RESIDING AT
NO.113, 5TH A CROSS
VIJAYALAKSHMI LAYOUT
BANGALORE-560 091 ... PETITIONERS
(BY SHRI. D.T. NAVEENNANDA, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY TALAKADU POLICE STATION
T-NARASIPURA, MYSORE DIST
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE-560 001
CRL.P. No.4025/2019
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2. SMT. T.S. ABHILASHA
W/O RAMAKRISHNA V
D/O SRI SUNDARA
AGED ABOUT 25 YEARS
RESIDING AT OLD STREET
TALAKADU VILLAGE
TALAKADU HOBLI
T.NARASIPURA TALUK
MYSORE DISTRICT-573 213 ... RESPONDENTS
(BY SHRI. NASRULLA KHAN, HCGP FOR R-1;
SHRI. RAVIKUMAR BHANDARE, ADVOCATE FOR R-2)
....
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
C.C.NO.384/2016 REGISTERED FOR THE OFFENCE P/U/S 489A, 504,
506, 114 R/W 34 OF IPC AND U/S 3, 4 OF D.P ACT, COMPOUNDING
THE OFFENCES INITIATED BY THE RESPONDENT NO.1 ON THE
COMPLAINT OF RESPONDENT NO.2 WHICH IS PENDING ON THE FILE
OF THE LEARNED CIVIL JUDGE (Jr.Dn) AND JMFC, T.NARASIPURA,
MYSORE DISTRICT.
THIS CRL.P COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Second respondent is first petitioner's wife. She initiated proceedings under Sections 498-A, 504, 506 and 114 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act by registering FIR No.134/2015 in Talakadu Police Station against her husband and his CRL.P. No.4025/2019 3 relatives, alleging harassment. After investigation, police have filed charge sheet and the criminal case is pending before the learned Civil Judge (Jr.Divn.) and J.M.F.C. Court, T.Narasipura, Mysore District in C.C. No.384/2016. Parties have resolved the matrimonial dispute in M.C. No.4824/2018 by entering into a Memorandum of settlement under Section 89 of Code of Civil Procedure and a decree of divorce has been granted. As recorded in paragraph No.8 of the Memorandum of settlement, second respondent has agreed to co-operate in getting the criminal proceedings initiated by her against petitioners quashed.
2. Heard Shri.Naveennanda D.T., learned advocate for the petitioners, Shri. Nasrulla Khan, learned HCGP for the State and Shri.Ravikumar Bhandari, learned advocate for second respondent.
3. Learned advocates for the petitioners and second respondent jointly submit that the parties have settled CRL.P. No.4025/2019 4 the matrimonial dispute amicably before the Bengaluru Mediation Centre. Accordingly, they have filed a Joint Affidavit of even date in this petition, signed by the first petitioner, second respondent and their respective advocates with a prayer to quash the proceedings in C.C.No.384/2016. They pray that this petition be disposed of in terms of the said Joint Affidavit.
4. Petitioners and second respondent 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) RAMAKRISHNA V, S/o Late Venkatarangaiah G, aged about 34 years, R/at No.113, 5th A Cross, Vijayalakshmi Layout, Bengaluru-560 091 and (2) SMT.T.S.ABHILASHA, W/o Ramakrishna V D/o Sri.Sundara, Aged about 25 years, R/at Old Street, Talakadu Village, T.Narasipura Taluk-573 213, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:-
1. We state that, our marriage was solemnized on 24-01-2011 at J.S.S. Kalyana Mantapa, Mudukutore, Talakadu, T.Narasipura Taluk, Mysore District .CRL.P. No.4025/2019 5
2. We state that on account of the differences between us, we both filed mutual consent petition in M.C.no.4824/2018 before the IV Addl. Family Judge at Bangalore. The said petition referred to Mediation we both settled the matter, but dissolving our marriage as per the Memorandum of Settlement. Same was got dissolved by virtue of judgment and decree of divorce.
3. We state that, the Respondent No.2 herein had filed a case against the petitioners at Talakadu Police Station, same is pending in C.C. no.384/2018 registered for the offence punishable under Section 498A, 504, 506, 114 R/W 34 of IPC and Section - 3 & 4 of D.P. Act, pending on the file of learned Civil Judge (Jr.Divn) and JMFC Court at T.Narasipura, Mysore District. We both have settled the matter. Hence, the quashing petition before this Hon'ble Court, and Respondent No.2 have settled as per the Memorandum of Settlement in M.C.no.4824/2018, in the interest of justice and equity.
What is stated in our Affidavit (Joint) are true and correct to the best of our knowledge, information and belief." (Sic.)
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 C.C. No.384/2016 arising out of Crime No.134/2015, CRL.P. No.4025/2019 6 pending on the file of Civil Judge (Jr.Divn.) and J.M.F.C. Court, T.Narasipura, Mysore District are quashed.
Petition disposed of.
No costs.
Sd/-
JUDGE SPS