Karnataka High Court
Sri T N Sirdhar vs Smt Chaithanya V on 7 March, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:9721
WP No. 7134 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 7134 OF 2024 (GM-RES)
BETWEEN:
1. SRI. T.N. SIRDHAR,
AGED ABOUT 34 YEARS,
S/O T.S. NARAYANAPPA,
R/AT NO.395, 23RD MAIN ROAD,
BTM 2ND STAGE,
BANGALORE - 560 076.
2. SRI. T.S. NARAYANAPPA,
AGED ABOUT 63 YEARS,
S/O SIDDAPPA,
R/AT NO.395, 23RD MAIN ROAD,
BTM 2ND STAGE,
BANGALORE - 560 076.
Digitally
signed by B A
KRISHNA 3. SMT. P. SOWBHAGYA,
KUMAR
Location: AGED ABOUT 46 YEARS,
HIGH COURT
OF W/O T.S. NARAYANAPPA,
KARNATAKA
R/AT NO.395, 23RD MAIN ROAD,
BTM 2ND STAGE,
BANGALORE - 560 076.
...PETITIONERS
(BY SRI. KRISHNAMOORTI L BHAT, ADVOCATE FOR
SRI. C.V. SRINIVASA, ADVOCATE)
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NC: 2024:KHC:9721
WP No. 7134 of 2024
AND:
SMT. CHAITHANYA V.,
AGED ABOUT 29 YEARS,
W/O T.N. SRIDHAR,
D/O A.V. VENKATESH MURTHY,
R/AT NO.160/27, 2ND CROSS,
PIPELINE ROAD, NEAR ISRO LAYOUT,
PRASHANTHINAGAR,
BANGALORE SOUTH, J.P. NAGAR,
BANGALORE - 560 078.
...RESPONDENT
(BY SRI. J.T RAJAN, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EX-
PARTE ORDER/JUDGEMENT DATED:16.03.2023 PASSED BY
VTH METROPOLITAN MAGISTRATE TRAFFIC COURT,
BANGALORE AND RENDERING THE SAME AS INOPERATIVE AS
AGAINST THE PETITIONERS WITH IMMEDIATE EFFECT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court under Section 482 of Cr.P.C, with a prayer to quash the judgment and order dated 16.03.2023 passed by the Court of V Metropolitan Magistrate Traffic Court, Bengaluru in Crl.Misc.No.143/2021.
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NC: 2024:KHC:9721 WP No. 7134 of 2024
2. Heard the learned counsel appearing for the parties.
3. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled before the mediation centre and the terms of settlement has been reduced under the memorandum of settlement dated 05.03.2024. In the memorandum of settlement, the parties have agreed to give quietus to all proceedings which is pending between them before the various Courts. They submit that a joint memo is filed by the parties before this Court which is signed by their respective advocates. Along with joint memo, memorandum of settlement is also produced.
4. The joint memo filed by the parties, which is signed by their respective advocates and memorandum of settlement dated 05.03.2024 which is filed along with joint memo is taken on record.
5. In paragraph Nos.3, 4 and 5 of memorandum of settlement it has been averred as follows: -4-
NC: 2024:KHC:9721 WP No. 7134 of 2024 "3. The petitioner has agreed to pay a sum of Rs.
8,00,000/- (Rupees Eight Lakhs Only) to the respondent towards all her claims of maintenance/ permanent alimony as full and final settlement. Rs. 3,00,000/- (Rupees Three Lakhs Only) by way of Demand Draft in favor of respondent bearing No. 022845 dated 16/02/2024 drawn on HDFC Bank, Bommanahally Branch will be handed over to the respondent before this Hon'ble Court at the time of reporting settlement. Another Demand Draft for Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only)bearing No. 022847 dated 17/02/2024 drawn on HDFC Bank, Bommanahally Branch will be handed over to the respondent at the time of quashing/closing of C.C. No. 34738/2021 in Crl.P.5745/2022. Another Demand Draft for Rs. 2,50,000/- bearing No. 022847 dated 17/02/2024 drawn on HDFC Bank, Bommanahally Branch will be handed over to the respondent before the Hon'ble High Court of Karnataka at the time of quashing the ex-parte order/judgement dated 16/03/2023 passed by Vth Metropolitan Magistrate and Traffic Court, Bangalore in Crl. Misc. No. 143/2021 before the Hon'ble High Court of Karnataka in W.P. in F.R.No. 6463/2024.
4. The respondent herein undertakes to cooperate in closing / quashing the proceedings in C.C. No. 34738/2021 pending before 6th ACMM, Bangalore, for the offences punishable under Section 498-A and 34 of IPC and Section 3 & 4 of D.P. Act.
5. The respondent has agreed to co-operate in setting aside/quashing the ex-parte order/judgment dated 16/03/2023 passed by Vth Metropolitan Magistrate and Traffic Court, Bangalore in Crl. Misc. No.143/2021".
6. In joint memo which is filed by before this Court in paragraph Nos.3 and 4 it has been averred as follows:-
3. Further, as per the abovementioned Memorandum of Settlement, one of the conditions is that the respondent -5- NC: 2024:KHC:9721 WP No. 7134 of 2024 have to co-operate for setting aside/quashing the ex-parte order/judgement dated 16/03/2023 passed by the V Metropolitan Magistrate and Traffic Court, Bangalore in Crl.Misc.143/2021 rendering the said order/judgment inoperative as against the petitioners.
4. Since the matter is amicably settled between the parties, Respondent herein has no objection to quash the ex-parte order/Judgment dated 16/03/2023 in Crl. Misc.
No. 143/2021 passed by the V Metropolitan Magistrate Traffic Court, Bangalore, rendering the said order/Judgment inoperative as against the petitioners. Further petitioner agreed to handing over D.D for the Rs.2,50,000/- bearing No.022847 dated 17/2/2004 before this Hon'ble Court.
7. The respondent who is present before the Court has acknowledged the receipt of DD for a sum of Rs.2,50,000/- as stated in paragraph No.4 of the joint memo.
8. Considering the fact that the dispute between the parties has been settled before the mediation centre and terms of settlement has been reduced into memorandum of settlement wherein the parties have agreed to give quietus to all dispute between them and also to live separately, I am of the view that, the prayer made in the joint memo as well as this petition is required to be granted.
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9. Accordingly, the petition is allowed. The judgment and order dated 16.03.2023 passed by the Court of V Metropolitan Magistrate Traffic Court, Bengaluru in Crl.Misc.No.143/2021 is hereby quashed.
Sd/-
JUDGE NMS List No.: 1 Sl No.: 19 CT:SNN