Karnataka High Court
Mr Anish Muralidharan vs State Of Karnataka on 2 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:24844
CRL.P No. 10215 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 10215 OF 2023
BETWEEN:
1. MR ANISH MURALIDHARAN
SON OF SRI. V.K. MURALIDHARAN,
AGED ABOUT 40 YEARS,
RESIDING AT MURALIKA ARA-47,
NORTH CLIFF HOUSE ROAD,
DEVASOM BOARD JN., KOWDIAR P.O
TRIVANDRUM, KERALA - 695 003.
ALSO AT:
FLAT NO.04, 118,
PARVATHI PARAMESHWARA NILAYA
GM PALYA, NEW THIPPASANDRA POST
BENGALURU CITY
KARNATAKA-37
Digitally signed ...PETITIONER
by NAGAVENI
Location: HIGH
(BY SRI. VARUN NAIR VIVEK, ADVOCATE FOR
COURT OF SMT. UDITA RAMESH., ADVOCATE)
KARNATAKA
AND:
1. STATE OF KARNATAKA
H.A.L. POLICE STATION,
BENGALURU - 560 037
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA.
2. MS. SREEJA SHOBA PILLAI
DAUGHTER OF SRI. VIDYADHARAN PILLAI,
AGED ABOUT 39 YEARS,
-2-
NC: 2024:KHC:24844
CRL.P No. 10215 of 2023
RESIDING AT FLAT 102, 1ST CROSS,
5TH MAIN, JAGADISHNAGAR,
BENGALURU - 560 075.
...RESPONDENTS
(BY SRI. THEJESH P., HCGP FOR R1)
THIS CRL.P. IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET
(ANNEXURE A) FIR IN CR.NO.207/2016 REGISTERED BY HAL
POLICE STATION (ANNEXURE B) AND COMPLIANT (ANNEXURE
C) AND THE ENTIRE PROCEEDINGS IN C.C.NO.56045/2018
PENDING BEFORE THE LEARNED XXIX ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE MAYO HALL AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner calls in question the proceedings in C.C.No.56045/2018 registered for offences punishable under Sections 498A, 34, 506, 504 and 420 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a -3- NC: 2024:KHC:24844 CRL.P No. 10215 of 2023 settlement and the memorandum of settlement reads as follows:
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
The parties above named submit as follows:
I. The petitioner has filed this petition under Section 13 (1) (i) & (i-b) of The Hindu Marriage Act, 1955 for a decree of divorce.
II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of Mediation, the petitioner and the respondent along with their counsel were present and have resolved their dispute on the following terms and conditions.
III. The 2nd respondent is not a necessary party to this case thus the petitioner undertakes to file necessary application to delete from this file.
1. The parties state that their marriage was solemnized according to Hindu rites and customs on 12.09.2014 at Sooryaprabha Convention Centre, Ulsoor Village, MC Road, Mannanthala, Trivandrum, Kerala, as per Hindu rites and customs. Subsequently, the said marriage was registered on 27.09.2014 before the Local Registrar, Thiruvanthapuram Corporation vide marriage certificate No.4013/2014.
2. Due to irreconcilable differences and incompatibility of temperaments, the petitioner and the respondent have been living separately from 26.11.2015. The efforts made by the elders, friends and well-wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion amongst them. Hence, the -4- NC: 2024:KHC:24844 CRL.P No. 10215 of 2023 petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually.
3. Both the parties state that they have no children born to them from their wedlock.
4. The respondent has agreed to pay a sum of Rs.26,00,000/- (Rupees Twenty Six Lakhs Only) to the petitioner towards her claims of maintenance/permanent alimony in full and final settlement by way of two demand drafts details as follows:
a) D.D bearing No.733854, dated 01.07.2022 drawn on Federal Bank, Nanthencode Branch, Trivandrum for sum of Rs.15,00,000/- at the time of reporting settlement in the above case before the Hon'ble Court.
b. And another D.D for sum of Rs.11,00,000/- before the Hon'ble High Court of Karnataka, Bengaluru at the time of reporting settlement in Criminal Petitiner No.6605/2016 c/w Crl P No.7951/2016 and 7952/2016 and also undertakes to handover their valuable articles such as gold silver and other personal belongings given or taken during the marriage or otherwise.
5. The parties also hereby state and agree that they do not have any claims over the moveable or immovable assets belonging to each other, either existing or to be acquired in future.
6. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each other either past, present and future.
7. The petitioner herein undertakes to withdraw/close/quash Crl Misc No.176/2016 filed under 12 of D.V. Act, pending on the file of MMTC-1, Benglauru and C.C No.56045/2018 pending on the file of the 29thACMM, -5- NC: 2024:KHC:24844 CRL.P No. 10215 of 2023 Bengaluru, filed under Section 498-A, 506-B, r/w 2 & 3 of D.P Act, in view of this agreement.
8. Both the parties state that not pressing on the allegations leveled against each other, the parties have arrived at this agreement.
9. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or any thing.
10. Both the parties admit that they shall not interfere in personal, professional life of each other's lives for any reason of whatsoever from this day.
IV. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve their marriage solemnized on 12.09.2014 at Sooryaprabha Convention Centre, Ulloor Village, MC Road, Mannanthala, Trivandrum, Kerala and cancellation of marriage certificate registered on 27.09.2014 before the Local Registrar, Thiruvanthapuram Corporation vide marriage certificate No.4013/2014, pass a decree of divorce in terms of this settlement agreement.
V. The parties will appear on 05.07.2022 before the Hon'ble Court for passing orders in terms of the agreement."
3. One such component of the settlement is the consent to close the present proceedings.
4. In light of the settlement arrived at between the parties as afore-quoted, I pass the following:
-6-NC: 2024:KHC:24844 CRL.P No. 10215 of 2023 ORDER i. Criminal Petition is disposed.
ii. Proceedings against the petitioner in C.C.No.56045/2018 pending before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, stands quashed.
Sd/-
JUDGE SJK List No.: 1 Sl No.: 48