Karnataka High Court
Mrs. Sahaya Sunmitha vs State Of Karnataka on 25 July, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2017
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.3777/2017
BETWEEN:
1. MRS. SAHAYA SUNMITHA
AGED ABOUT 36 YEARS
C/O SRI. I WILLIAM
NO.14, 9TH CROSS
NEAR BREN UNITY APARTMENT
CHINNAPPANAHALLI,
MARATHAHALLI POST
BANGALORE,
KARNATAKA-560 037.
2. MR. J. JOHN VICTOR
AGED ABOUT 36 YEARS
S/O SRI JOHN PETER
NO.13, VINAYAGAR STREET
ALAGAPPAPURAM, KARAIKUDI
SIVAGANGAI DISTRICT
TAMIL NADU-630 003.
... PETITIONERS
(BY SRI. STANLEY SAM, ADVOCATE)
AND:
STATE OF KARNATAKA
BY HSR LAYOUT
POLICE STATION
BANGALORE
REPRESENTED BY STATE
PUBLIC PROSECUTOR
KARNATAKA HIGH COURT
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BANGALORE-560 001.
... RESPONDENT
(BY SRI SANDESH J. CHOUTA, SPP-II)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.13392/2015 (CRIME
NO.553/2014) OF THE RESPONDENT POLICE PENDING ON
THE FILE OF VI ACMM, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Smt.Sandhya Jamadagni, learned Advocate was requested to mediate the dispute between parties since it related to matrimonial dispute. She has reported to Court that despite sincere efforts made by her to bring about rapprochement between parties, there has been no success. In other words, she has reported that mediation has failed. Services rendered by Smt.Sandhya Jamadagni, learned Advocate - Mediator is placed on record. Registry is directed to communicate this order to the Director, Bangalore Mediation Centre.
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2. Petitioners have sought for quashing of the proceedings in C.C.No.13392/2015 (Crime No.553/2014) pending on the file of 6th Addl.Chief Metropolitan Magistrate., Bengaluru registered for the offences punishable under Sections 498A, 323, 504 & 506 IPC.
3. I have heard the arguments of Sri Stanley Sam, learned Advocate appearing for petitioners and Sri Sandesh J Chouta, learned SPP appearing for respondent- State. Perused the records.
4. Petitioners got married on 01.12.2011 at Sahaya Matha Church, Tamil Nadu and on account of certain difference of opinion, marriage is said to have irretrievably broken down and parties are said to be living separately since 2012. Second petitioner herein namely, husband has filed a petition before Family Court, Sivagangai, Tamil Nadu in IDOP No.29/2013 for dissolution of the marriage. During pendency of said petition, first petitioner herein filed a private complaint under Section 200 Cr.P.C. before VI Addl.Chief 4 Metropolitan Magistrate, Bengaluru against second petitioner alleging that she was harassed for dowry after marriage. As such, jurisdictional Magistrate ordered for enquiry under Section 156(3) Cr.P.C. and on FIR being filed, jurisdictional police have conducted investigation and filed a charge sheet in C.C.No.13392/2015 for the offences noticed hereinabove.
5. During pendency of these petitions, agreement has been entered into between parties on 14.04.2017 which is produced at Annexure-D along with present petition, which would indicate that parties have amicably settled and agreed to the terms and conditions as set out therein and it reads as under:
"1. That marriage was held between us at Sahayamatha Church, Karaikudi on 01.12.2011. We are now living separately due to the misunderstandings developed between us.
2. That party No.1 herein has filed a Divorce case at Sivagangai District Court in I.D.O.P.No.29/2013 which is pending now.5
3. That in the presence of relatives we arrived compromise and decided to settle the disputes as follows:
a) That we should mutually get divorce in I.D.O.P.No.29/2013 pending before the Sivagangai District Court.
b) That party No.1 should return cash of ` 5,00,000/- (Rupees Five Lakhs only), 3 Rings and 1 Chain to the party No.2, which was given to party No.1 by the father of party No.2 during the marriage, which already handed over to father of party No.2.
c) That towards the 12 Sovereign Jewels given to party No.2 by party No.1 during the marriage, a sum of ` 2,00,000/- (Rupees Two Lakhs only) should be given to party No.1 by party No.2 herein.
d) That party No.2 should withdraw the cases in PCR No.2504/2014 on the file of the Judicial Magistrate, Bangalore C.C.No.13392/2015 pending before the VIth Additional CMM Court, C.Misc.10/2016 in MMTC-IV, Bangalore with immediate effect and to furnish copies regarding the same to party No.1 prior to the disposal of I.D.O.P.No.29/2013."
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6. Both parties are present before Court. They have filed a joint affidavit today reiterating the terms set out in the memorandum of understanding entered into between them on 14.04.2017. It is also stated by the first petitioner that she has received a sum of ` 3 lakhs under two cheques and second petitioner has agreed to pay further sum of ` 1 lakh to first petitioner at the time of disposal of IDOP No.29/2013 which is pending before Family Court, Sivagangai. Parties present before Court submit that affidavit filed by them is voluntary and without any threat, force or coercion. They have also stated all disputes between them have been resolved as set out in the agreement. They have also appended a photocopy of the identity cards which would establish their identities which is also countersigned by learned Advocate appearing for petitioners.
7. First petitioner - wife who is present before Court has stated that she has no objection for proceedings initiated by her being quashed and she has 7 also stated that voluntarily she has agreed to withdraw the complaint filed by her against second petitioner.
8. In the light of aforestated facts and in view of the law laid down by Hon'ble Apex Court in GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303 and the fact that parties have already settled their disputes, continuation of the proceedings before VI Additional Chief Metropolitan Magistrate, Bengaluru would be an abuse of process of law.
Hence, I proceed to pass the following:
ORDER
(i) Criminal petition is hereby allowed.
(ii) Proceedings in CC No.13392/2015 (Crime No.553/2014) pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed and second petitioner is acquitted of the offences punishable 8 under Section 498A, 323, 504 & 506 IPC.
SD/-
JUDGE *sp