Karnataka High Court
Anilkumar. T vs State Of Karnataka on 28 July, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2023:KHC:26453
WP No. 9269 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9269 OF 2022 (GM-RES)
BETWEEN:
1. ANILKUMAR. T
S/O. THAMMAIAH
AGED ABOUT 42 YEARS.
2. THAMMAIAH
S/O. LATE KEMPAIAH,
AGED ABOUT 82 YEARS.
3. HARINI
W/O. THAMMAIAH
AGED ABOUT 65 YEARS.
PETITIONERS 1-3 ARE
R/O. 5272, 1ST CROSS
Digitally signed by KEMPEGOWDA LAYOUT
PADMAVATHI B K
Location: HIGH NANJANGUD TOWN
COURT OF MYSURU DISTRICT-571 302.
KARNATAKA
...PETITIONERS
(BY SRI. SHIVARAMU H.C., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SHO, NANJANAGUDU TOWN CIRCLE POLICE
NANJANAGUDU - 571 302
-2-
NC: 2023:KHC:26453
WP No. 9269 of 2022
MYSURU DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. SMT. ARUNAVATI
W/O. T. ANILKUMAR
R/O. 5272, 1ST CROSS
KEMPEGOWDA LAYOUT
NANJANGUD TOWN
MYSURU DISTRICT - 571 302.
...RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R-1;
R-2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL
PROCEEDINGS IN CR.NO. 24/2022 REGISTERED BY THE
NANJANGUDU POLICE, NANJANAGUDU FOR THE OFFENCES
PUNISHABLE UNDER 498A, 307 AND 34 OF IPC, R/W SECTION
3 AND 4 OF DOWRY PROHIBITION ACT, 1961 PENDING ON THE
FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC,
NANJANGUDU VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question investigation / proceedings in Crime No.24/2022, pending on the file of the Senior Civil Judge and JMFC, Nanjanagudu, registered for the offences punishable under Sections 498A, -3- NC: 2023:KHC:26453 WP No. 9269 of 2022 307 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioners are husband, father in-
law and mother in-law of respondent No.2 - complainant - wife.
2. Learned counsel appearing for the petitioners and respondent No.2 in unison would submit that the parties to the lis have settled their disputes among themselves, reunited and are living together happily under one roof. The parties by drawing the terms of settlement, have filed a memorandum of joint compromise petition filed under Section 320(1) & (2) of the Cr.P.C. along with an affidavit of the petitioners and copies of the joint memo filed by the couple before the trial Court to that effect. One such condition is the closure of the impugned proceedings. It is also submitted that the parties have fulfilled all the conditions of the settlement.
3. The memorandum of joint compromise petition filed under Section 320(1) & (2) of the Cr.P.C., reads as follows:
".... .... ....
5. After initiation of the proceedings by the respondent No.2/complainant against the petitioners and -4- NC: 2023:KHC:26453 WP No. 9269 of 2022 their family, since the first petitioner is working as an Engineer and the respondent No.2/complainant is studying in M.Sc., (Nursing), both are being well educated and have come up with good family background, due to the intervention of the elderly people from both the sides, witnessed the marriage, thought it fit to advise the respondent No.2/complainant and also to the first petitioner to lead a good and happy marital life not only in their interest but also in the interest of minor children who is studying in II Standard and also to retain the reputation of the family, convinced them to go together henceforth and advised the respondent No.2/complainant to withdraw all the cases filed against the petitioners family to put a quietus end to lead a good, happy and prosperous married life. Accordingly, a joint memo was filed by both the first petitioner and the respondent No.2/complainant herein in Criminal Miscellaneous Petition No.657/2022 and accordingly the sold joint memo was taken on record and the Criminal Miscellaneous Petition No.657/2022 filed by the respondent No.2/complainant is dismissed as per the said joint compromise memo, since the offences pointed out are compoundable in nature In this regard a copy of the entire proceedings and the joint memo filed in Criminal Miscellaneous Petition No.657/2022 before the learned Principal Civil Judge and JMFC, Hunsur - Mysore are enclosed herewith for the kind perusal of this Hon'ble Court.
6.Similarly, the first petitioner and the respondent No.2/complainant have also filed a joint memo seeking dismissal of the Criminal Miscellaneous Petition No:807/2022 filed before the Hon'ble Principal Civil Judge -5- NC: 2023:KHC:26453 WP No. 9269 of 2022 and JMFC at Hunsur which was filed under section 125 of the Criminal Procedure Code which was also taken on record and the learned Principal Civil Judge and JMFC, Hunsur - Mysore has dismissed the aforesaid Criminal Miscellaneous Petition No.807/2022 as per the joint memo. The said order along with the joint memo filed are also produced herewith for the kind perusal of this Hon'ble Court. In view of the above facts and circumstances of the case, since the first petitioner and the respondent No.2/complainant have decided to live together forgetting the past incidents and do not have any claim each other in regard to the registration of the claim against the petitioners family. Therefore, the present joint memo is filed by both the first petitioner and the respondent No.2/complainant praying this Hon'ble Court to quash the proceedings in Crime No.24/2022 dated 14.03.2022 registered with the first respondent jurisdictional police under section 498A, 307 and 34 of IPC read with section 3 and 4 of the Dowry Prohibition Act, 1961, thereby has no objection to quash the aforesaid proceedings in Crime No.24/2022 registered by the Nanjangud Police, Nanjangud and also has no objection to allow the above writ petition by recording the aforesaid compromise."
In terms of the afore-extracted memorandum of settlement, though the offences are ones punishable under Sections 498A and 307 of the IPC, since the dispute is between the husband and wife as it is a matrimonial case and now they are reunited, I deem it appropriate to terminate the -6- NC: 2023:KHC:26453 WP No. 9269 of 2022 proceedings initiated against the petitioners as the allegations are not against the State.
4. For the aforesaid reasons, I pass the following:
ORDER
(i) The criminal petition is disposed.
(ii) The investigation / proceedings in Crime No.24/2022, pending on the file of the Senior Civil Judge and JMFC, Nanjanagudu, stands quashed.
Sd/-
JUDGE NVJ List No.: 2 Sl No.: 66