Karnataka High Court
Dr Ketan Dang vs State Of Karnataka on 17 December, 2024
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NC: 2024:KHC:52103
CRL.P No. 7343 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO.7343 OF 2022
BETWEEN:
1. DR.KETAN DANG
S/O HARISH DANG
AGED ABOUT 39 YEARS
2. DR.REKHA HARISH
W/O HARISH DANG
AGED ABOUT 66 YEARS
3. DR.HARISH DANG
S/O LATE DILBAGH RAI
AGED ABOUT 69 YEARS
ALL ARE RESIDING AT
NO.1057/01, SECTOR
Digitally signed 40-B CHANDIGARH - 160036
by AL BHAGYA
...PETITIONERS
Location: HIGH
COURT OF
KARNATAKA (BY SRI. V.S.BIJU, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY EAST ZONE WOMEN P.S.,
BENGALURU
REPRESENTED BY THE SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560001
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NC: 2024:KHC:52103
CRL.P No. 7343 of 2022
2. NIVETHITHA T
W/O DR.KETAN DANG
AGED ABOUT 37 YEARS
R/AT NO.1765, 4TH D CROSS
9TH MAIN, HAL 3RD STAGE
NEW THIPPASANDRA
BENGALURU - 560075
...RESPONDENTS
(BY SMT.RASHMI JADHAV, ADDL. SPP FOR R.1;
SRI.KAMALUDDIN AHMED, ADVOCATE FOR R.2 - ABSENT;
SRI.MADESH V.M, ADVOCATE FOR R.2 - ABSENT;
SRI.NAGARAJ T, ADVOCATE FOR R.2)
THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT
MAY BE PLEASED TO QUASH THE PROCEEDINGS IN
C.C.NO.21502/2022 ORIGINATED FROM CR.NO.5/2022 OF
RESPONDENT EAST ZONE WOMEN POLICE, BENGALURU WHICH
IS REGISTERED FOR THE OFFENCE P/U/SEC.498(A), 504 AND 506
R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF VI
ADDL.C.M.M., BENGALURU AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioners and the respondents along with respective counsel are present before the Court.
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2. The parties have been identified by their respective counsels.
3. The parties have produced the Memorandum of Settlement under Section 89 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 filed in M.C.No.6154/2024 before the learned VI Additional Principal Judge, Family Court, Bengaluru.
4. The Memorandum of Settlement dated 26.10.2024 reads as under;
"I. The petitioners have filed this joint petition under Section 13-8 of the Hindu Marriage Act, 1955 for dissolution of their marriage with mutual consent. The petitioners state that the Hon'ble Court has granted waiver of six month statuary period on 27.09.2024.
II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the 2nd petitioner is appeared through video conference and advocate for the 2nd petitioner and 1st petitioner along with their counsel were present physically and have resolved their dispute on the following terms and conditions:
1. The petitioners state they are Hindus by religion and their marriage was solemnized on 20.11.2019 at Arya Samaj, Greater Kailash-II, New Delhi as per Hindu rites and customs. The 1st petitioner is residing within the jurisdiction of this Hon'ble Court.-4-
NC: 2024:KHC:52103 CRL.P No. 7343 of 2022
2. The Petitioners from the said marriage have one son named 'Kabir Dang', on 30/4/2020 now aged about 4 years.
3. Both the petitioners state that, due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately since February 2020. 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 since they admit that their marriage is irretrievably broken down. Hence, the petitioners have decided to get the marriage between them be dissolved by a decree of divorce mutually.
4. The Petitioner No. 2 have agreed to pay the Petitioner No.1 a sum of Rs.41,00,000/- (Rupees Forty One Lakhs Only) as full and final settlement towards the entire claims of the Petitioner No.1 towards Alimony and Maintenance of the child. The said sum will be paid as follows:
a) Rs. 1,00,000/- (Rupees One Lakh Only) is already paid to the 1st petitioner by the 2nd petitioner by way of bank transfer on 26.10.2024 to the account bearing No. 142001556503 which is in the name of the child Kabir Dang. The 1st petitioner acknowledges the receipt of the said amount.
b) Rs.30,00,000/-(Rupees Thirty lakhs Only) will be paid by Petitioner No.2 in the name of Petitioner No.1 through Demand Draft and the same shall be handed over to the 1st petitioner before the court at the time of reporting the settlement.
c) Rs. 10,00,000/- (Rupees Ten Lakhs Only) will be paid by the Petitioner No.2 to Petitioner No.1 through DD/ Bank Transfer at the time of closing the Quashing Petition in Crl. Petition No. 7343/2022 pending before the Hon'ble High Court of Karnataka against Petitioner No. 2 and his parents.
5. Both the petitioners agree that, the sole custody of their minor son namely 'Kabir Dang' will remain with -5- NC: 2024:KHC:52103 CRL.P No. 7343 of 2022 Petitioner No.1 and his physical custody will continue to remain with the Petitioner No.1, while the Petitioner No.2 will have visitation rights. The child shall be allowed to stay with Petitioner No.2 whenever the child wishes to. If the child is taken out of India, the Petitioner no.1 shall disclose the child's location.
6. Both the petitioners agreed that, the child shall spend his holidays / vacation with Petitioner No. 2 and he can also meet the child whenever he wishes after intimating the Petitioner No. 1 with three days advance notice of the intended visit. It is also mutually agreed that the visitations shall occur at any venue other than the residence of the Petitioner No.1.
7. The petitioners agree that, they will not have any further claim in future against each other over the assets whether movable or immovable of either of them, irrespective of the nature of its acquisition by either of them or their family members, apart from what is settled here. It is further agreed that the Petitioner No. 1 will not claim any financial maintenance for her or the child in future and that all settlements are complete and is part of this full and final settlement as mentioned above.
8. The name of the child shall not be changed and will remain as 'Kabir Dang'.
9. The Petitioners have agreed that they shall not create any situation which will defame, or carry out such acts that may lower the reputation of the parties or their family members in the society.
10. Both the parties agree to put behind them their experiences connected with or arising out of their marriage. Accordingly, both parties agree to hereinafter refrain from making (directly or indirectly) any disparaging / defamatory / denigrating statements either oral or written or in any form, including on social media against the other party, their family or friends, and at each other's workplace, violation of which will call for legal repercussions. Also in the future, Petitioner no.1 will not communicate, directly or indirectly, with any person or department at the workplace of Petitioner No.2, which will -6- NC: 2024:KHC:52103 CRL.P No. 7343 of 2022 call for legal action. Further, in the future, Petitioner no.2 will not communicate, directly or indirectly, with any person or department at the workplace of Petitioner No.1, which will call for legal action
11. Both the parties have agreed to withdraw within 15 days after the marriage is dissolved by a decree of divorce, Crl. Misc. No.595/2022 filed by Petitioner No. 1 pending before the Hon'ble VI Additional Family Court & also withdraw the G & WC No. 252/2022 Petition filed by Petitioner No. 1 pending on the file of VI Additional Family Court.
12. Petitioner No.1 will participate in closing the CC. No. 21502/2022 (PCR in No. 18408/2021) pending before Hon'ble 11th ACMM for Sections 498A, 504, 506 of IPC. And she will also participate in closing the Quashing Petition i.e., Crl. Petition No. 7343/2022 before Hon'ble High Court of Karnataka.
13. Petitioner No.2 agrees to withdraw G & W.C No.1906/2022 which is pending before the Civil Court at Chandigarh and Permanent Injunction suit No. 994/2022 pending before Civil Judge at Chandigarh. Both the parties have agreed to close all the Petitions filed against each other and pending before the Courts across India in respect of their marriage.
14. Both parties admit that they have no claims over movable, immovable properties belonging to each other either at present or to be acquired or inherited in future. Both parties admit and agree that they have no further claims of whatsoever manner against each other either past, present or future.
15. The Petitioners herewith have withdrawn all the allegations made against each other in al of the petition's files against each other in their petitions and in any other complaints filed against each other.
16. The parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner.
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17. The Petitioners admit and agree that they shall not interfere in the lives of each other.
III. In view of the aforesaid agreement entered into between the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 20.11.2019 at Arya Samaj, Greater Kailash-II, New Delhi by granting a decree of divorce in terms of the aforesaid agreement.
IV. The petitioners have to appear before the Hon'ble Court as directed and when the date of appointment given by Family Court for passing appropriate orders in terms of the agreement."
5. The petitioner No.1 has sworn to an affidavit on behalf of petitioner Nos.2 and 3, which reads as under;
"I, Dr. Ketan Dang, S/o. Mr. Harish Dang, Aged about 41 years, residing at 1057/01, Sector 40-B, Chandigarh- 160 036, today at Bengaluru do hereby solemnly affirm and state on oath as follows:
1. I state that, I am filing this Affidavit on my behalf and also on behalf of my parents Dr. Rekha Harish, W/o. Mr. Harish Dang, Aged about 68 years and Dr. Harish Dang S/o. Late. Mr. Dilbagh Rai Aged about 71 years who are Petitioners No. 2 & 3.
2. I state that, for the sake of convenience the rank of the parties is mentioned according to their rank in the above petition. I am the husband of the 2nd Respondent and my parents - the 2nd Petitioner (mother) and the 3rd Petitioner (father) are the mother in law and father in law of the 2nd Respondent.
3. I state that, the 2nd Respondent has filed a complaint with the 1st Respondent against me and the 2nd and 3rd petitioners and on her complaint, the 1st Respondent has registered a criminal case in CC No. 21502/2022 (in Cr. NO. 5/2022) for the offences punishable under Section 498A, 504, 506 -8- NC: 2024:KHC:52103 CRL.P No. 7343 of 2022 R/w 34 of IPC and the same is pending for trial before XI Addl. Chief Metropolitan Magistrate at Bengaluru.
4. I state that, myself and the 2nd Respondent had filed a joint petition under Section 13B of Hindu Marriage Act for dissolution of our marriage on mutual consent before the VI Addl. Principal Judge, Family court at Bengaluru in M.C. No. 6154/2024.
The said matter was referred to Mediation and we have entered into a Memorandum of settlement dated 26/10/2024 before the Karnataka Mediation Centre which was decreed on 8/11/2024.
5. I state that, the matrimonial disputes between myself and the 2nd Respondent has been resolved amicably and as per the settlement terms agreed upon between us, it was decided that all other pending cases will be withdrawn and as per Para 12 of the Mediation Settlement Agreement, the 2nd Respondent has agreed to participate in quashing/closing the proceedings in C.C No. 21502/ 2022 (in Cr. NO 5/2022) (initially posted before VI ACMM) & now pending before XI Addl. Chief Metropolitan Magistrate at Bengaluru.
6. I state that, as per the settlement terms I am herewith paying the agreed upon balance amount of Rs. 10 Lakhs towards alimony and maintenance of the child through Demand Draft bearing No. 012208 dt. 12/11/2024 drawn on IDBI Bank, Mohali Punjab (Rs. 31 Lakhs has already been paid before the Family Court, out of the total sum of Rs. 41 Lakhs).
Wherefore, it is respectfully prayed that this Hon'ble Court may be pleased to allow the above petition quashing the proceedings in C.C No. 21502/2022 (in Crime No. 5/2022) pending on the file of the XI Addl. Chief Metropolitan Magistrate at Bengaluru, in the interest of justice."
6. Both the parties admit the terms of the settlement as stated above.
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7. Respondent No.2 acknowledges the receipt of Demand Draft for Rs.10,00,000/-, which is the balance amount, in terms of the settlement. Learned counsel has also produced the decree of divorce granted in M.C.No.6154/2024 in terms of the mediation settlement between the parties.
8. Satisfied with the terms of settlement, the same is accepted. Hence, the following;
ORDER
(i) The petition is allowed.
(ii) Consequently, the Criminal Proceedings in C.C.No.21502/2022 arising out of Crime No.5/2022 of East Zone Women Police, Bengaluru City for the offence punishable under Sections 498(A), 504 and 506 read with 34 of IPC pending on the file of the VI Additional C.M.M, at Bengaluru, is hereby quashed.
SD/-
(M G UMA) JUDGE NBM List No.: 2 Sl No.: 15