Karnataka High Court
Sri Dinesh Mani vs The State Of Karnataka on 10 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:26708
CRL.P No. 3984 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3984 OF 2023
BETWEEN:
1. SRI DINESH MANI
SON OF MANI,
AGED ABOUT 28 YEARS,
RESIDING AT NO.B-16
SIPCOT HOUSING COLONY
DHARGA MOOKONDAPALLI
HOSUR KRISHNAGIRI DISTRICT
TAMILNADU - 635126
...PETITIONER
(BY SRI. P. SRINIVAS KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed HSR LAYOUT POLICE STATION
by NAGAVENI REPRESENTED BY STATE
Location: HIGH PUBLIC PROSECUTOR
COURT OF HIGH COURT OF KARNATAKA
KARNATAKA HIGH COURT BUILDING
BENGALURU - 560001
2. SMT. M. SAVITHA
WIFE OF DINESH,
AGED ABOUT 28 YEARS,
RESIDNG AT NO.626,
12TH CROSS,
HSR LAYOUT,
-2-
NC: 2024:KHC:26708
CRL.P No. 3984 of 2023
BANGALORE - 560102
...RESPONDENTS
(BY SRI. P.THEJESH, HCGP FOR R1;
SRI. BHARATH YADAV, ADVOCATE FOR
SRI. H.M. MURALIDHAR, ADVOCATE)
THIS CRL.P. IS FILED U/S 482 CR.PC BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE ENTIRE
PROCEEDINGS IN CRIME NO.54/2023 FOR THE OFFENCE P/U/S
498A OF IPC REGISTERED BY 1ST RESPONDENT POLICE,
PENDING ON THE FILE OF THE 37TH ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, AT BENGALURU VIDE
ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question the registration of a crime in Crime No.54/2023 registered for offence punishable under Section 498-A of the IPC.
2. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint petition. Terms of settlement reads as follows:
"JOINT PETITION FILED BY THE PETITIONER AND RESPONDENT No.2 COMPOUNDING THE OFFENCE PUNISHABLE UNDER SECTION 498-A of IPC.-3-
NC: 2024:KHC:26708 CRL.P No. 3984 of 2023 I. It is submitted that the Petitioner has field the above petition seeking an order to quash the entire proceedings in Crime No.54/2023 registered by the First Respondent Police upon a complaint of the Second Respondent for the offence punishable under Section 498-A IPC pending on the file of the 37th Additional Chief Metropolitan Magistrate, Bengaluru.
II. During the pendency of the above petition, the First Respondent Police have proceeded with the investigation and filed charge sheet against the Petitioner for the offence punishable under Section 498-A IPC.
III. Now the said criminal case scheduled on 31.07.2024 before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, in C.C No.12607/2023.
IV. Petitioner and Second Respondent have mutually agreed and compounded the offence. Second Respondent has no objections to grant Petitioner's prayer to quash the proceedings in C.C No.12607/2023.
V. The Petitioner herein has filed HMOP (Hindu Marriage Original Petition) No.568/2023 before the Family Court, Salem, Tamil Nadu State, seeking dissolution of their marriage solemnized on 07.09.2022 as per Hindu rites and customs at Arulmigu Azhagirinadhar Swamy Tirukkovil, Salem, under Section 13(1)of the Hindu Marriage Act, 1955. The said petition is pending consideration before the Family Court, Salem and the same is posted to 15.07.2024.
VI. The Second Respondent has filed M.C No.12/2024 before the Family Court, Salem, under Section 125 Cr.P.C, seeking an order for maintenance from the Petitioner herein. The said case is also pending disposal and now posted to 15.07.2024.
VII. When the matter stood thus, Petitioner and Second Respondent with the intervention of the elder members of both families and well-wishers held discussions on amicable settlement of the matrimonial issue in controversy. After discussions, Petitioner and the Second Respondent have mutually agreed upon the following terms.-4-
NC: 2024:KHC:26708 CRL.P No. 3984 of 2023 [a] Petitioner shall pay Rs.7,00,000/- (Rupees Seven Lakh Only) to the Second Respondent towards permanent alimony. The said sum is in full and final settlement of all her claims.
[b] Petitioner has agreed and deposited a demand draft bearing No.227320 dated 10.06.2024 issued by Kotak Bank, in the name of the Second Respondent. Thus, with this, there shall be no claim or counter claim of whatsoever nature by the parties. The Second Respondent has accepted the said sum as full and final settlement of all her claims against the Petitioner.
[C] Petitioner shall return jewellery given by the Second Respondent's parents for the marriage. The particulars of which was furnished to the Second Respondent by the Petitioner. The said jewellery have been returned to the Second Respondent. The Second Respondent has confirmed its correctness in terms of grammage and purity by taking the same to Tanishq Jewellers along with the Petitioner and his family members.
[d] The Second Respondent has returned jewellery given by the Petitioner's family at the time of marriage to the Petitioner. Petitioner has confirmed its correctness in terms of grammage and purity in the presence of the Second Respondent. Thus, the jewellery given at the time of marriage has been given returned to respective parties and both parties hereby confirm that no other jewellery remains to be returned by one party to another.
[e] Both parties agreed that the Second Respondent hereby compound the offence in the interest of the career of both parties and to make their future more bright and she hereby consent to quash the criminal proceedings pending before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, in C.C No. 12607/2023.
[f] Petitioner and the Second Respondent have agreed to file an application in accordance with law reporting the filing of this joint memo and the order passed by this Hon'ble Court in terms of the joint memo and pray for dismissal of the HMΟΡ No.568/2023 and M.C No.12/2024, and thereafter, file a petition under Section 13-B of the Hindu Marriage Act, before the Family Court, Bengaluru, seeking decree dissolving their marriage.-5-
NC: 2024:KHC:26708 CRL.P No. 3984 of 2023 [g] Parties have agreed that as both are living at Bengaluru, Family Court at Bengaluru shall have jurisdiction. This is because 2nd Respondent is going abroad to pursue her higher studies and that the marital status to be disclosed. If for any reason, the decree cannot be passed before she leaves, she shall execute a Special Power of Attorney to her mother to represent and complete the procedure.
[h] Both parties declare that except the aforesaid cases, no other cases are filed by or against each other and upon the disposal of the above cases there will be no cases pending in any Court in relation to their marriage.
[i] Petitioner declare that he is not in possession of any private photos or videos, whatsapp or social medial chats, voice recording etc., of 2nd Respondent and that he will not misuse them even if he comes in possession of any such material. Any such misuse be attributable to him. This condition shall apply to the 2nd Respondent also. Both parties shall not discuss about the relationship break in family and friends circle which will adversely affect the reputation of both families.
[j] Petitioner and the Second Respondent have deposited the jewellery and the demand draft referred to above with the advocate of the Second Respondent Mr. H.M. Muralidhar. The same is kept in a sealed cover in their presence and in the presence of their parents and that both parties have agreed that the learned advocate shall hand over the jewellery and demand draft given by the Petitioner to the Second Respondent and the jewellery given by the Petitioner to the Second Respondent and that they have deposited the same in confidence and will receive the same soon after the decree of dissolution of marriage is passed and the petition for maintenance is withdrawn by giving acknowledgment.
[k] Both parties withdraw the allegations and counter allegations made against each other. By this, the Second Respondent signifies the consent for quash of the criminal proceedings pending before the 39th Additional Chief -6- NC: 2024:KHC:26708 CRL.P No. 3984 of 2023 Metropolitan Magistrate, Bengaluru, in C.C No.12607/2023.
WHEREFORE, Petitioner and the Second Respondent respectfully pray that this Hon'ble Court be pleased to take this memo on record, consequently, allow the petition, quash the criminal proceedings pending against the Petitioner before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, in C.C No.12607/2023, in the interest of justice and equity."
3. In the light of application compounding for being filed along with the joint petition and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioner in the subject petition.
4. For the aforesaid reasons, the following:
ORDER i. Criminal Petition is disposed.
ii. Proceedings pending in Crime No.54/2023, stands quashed qua the petitioner.
Sd/-
JUDGE SJK List No.: 4 Sl No.: 2