Karnataka High Court
Mr. Mohana vs The State Of Karnataka on 4 July, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.7193 OF 2021
C/W
CRIMINAL PETITION No.7858 OF 2021
IN CRL.P.No.7193/2021:
BETWEEN
MR. MOHANA
S/O LATE KAILASAPATHI
AGED ABOUT 34 YEARS,
R/AT NO.11/20A
26TH MAIN, ANNAIAH REDDY LAYOUT
SARAKKI KERE, J P NAGAR, 6TH PHASE
BANGALORE - 560 016
... PETITIONER
[BY SMT. GEETHA RAJ, ADV.]
AND
1. THE STATE OF KARNATAKA
BY SUBRAMANYAPURA POLICE STATION,
BANGALORE
REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BANGALORE - 560 078
2
2. SMT. SADHANA MAHAPATRA
W/O SUSANT MAHAPATRA
AGED ABOUT 58 YEARS,
R/AT NO.102
A BLOCK, MANJUNATHA RESIDENCY
KAGGADASAPURA MAIN ROAD
A MAIN ROAD, VIGNANA NAGAR
BENGALURU -560075
3. SMT. RINI MAHAPATRA
D/o SUSANT MAHAPATRA
AGED ABOUT 29 YEARS
RESIDING AT NO.102,
A BLOCK, MANJUNATHA RESIDENCY,
KAGGADASAPURA, A MAIN ROAD,
VIGNANA NAGAR,
BANGALORE - 560075 ... RESPONDENTS
[BY SRI.K.S.ABHIJITH, HCGP FOR R1;
R2 - SERVED]
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS
IN C.C.NO.6391/2020 PENDING ON THE FILE OF II
A.C.M.M., BENGALURU, ARISING OUT OF
CR.NO.130/2019, FOR THE OFFENCE P/U/S 498(A) R/W
34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT.
IN CRL.P.No.7858/2021:
BETWEEN
1. MRS ANUSUYA
W/O LATE KAILASAPATHI
AGED ABOUT 65 YEARS
R/AT NO.11/20A, 26TH MAIN
ANNAIAH REDDY LAYOUT
SARAKKIKERE, J.P NAGAR 6TH PHASE
BANGALORE 560 016
3
2. MRS. KRISHNAVENI
D/O LATE KAILASAPATHI
AGED ABOUT 32 YEARS
R/AT NO. 11/20A,
26TH MAIN,
ANNAIAH REDDY LAYOUT,
SARAKKIKERE,
J.P NAGAR 6TH PHASE
BANGALORE 560 016
... PETITIONERS
[BY SMT. GEETHA RAJ, ADV.]
AND
1. THE STATE OF KARNATAKA BY
SUBRAMANYAPURA POLICE STATION
BANGALORE
REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE 560078
2. SMT. SADHANA MAHAPATRA
W/O SUSANT MAHAPATRA
AGED ABOUT 58 YEARS
R/AT NO.102,
A BLOCK
MANJUNATHA RESIDENCY
KAGGADASAPURA,
A MAIN ROAD,
VIGNANA NAGAR
BENGALURU CITY 560075
4
3. SMT. RINI MAHAPATRA
D/O SUSANT MAHAPATRA
AGED ABOUT 29 YEARS
R/AT NO.102, A BLOCK MANJUNATHA
RESIDENCY, KAGGADASAPURA
A MAIN ROAD, VIGNANA NAGAR
BENGALURU CITY - 560075
... RESPONDENTS
[BY SRI.K.S.ABHIJITH, HCGP FOR R1;
V/O DATED 04.07.2022 NOTICE TO R2 AND R3
HELD SUFFICIENT]
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS
PENDING BEFORE THE C.C.NO.6391/2020, PENDING ON
THE FILE OF II ADDL.C.M.M., BENGALURU ARISING OUT
OF CR.NO.130/2019 FOR THE OFFENCE P/U/S 498A R/W
34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT.
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused No.1 and the third respondent and were before the Family Court in M.C.No.6856/2018, wherein a memorandum of settlement is arrived at between the parties, which reads as follows:
5"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
I. The Petitioner has filed this petition against the Respondent under Section 12(1)(b) and 12(2)(b)(ii) of Hindu Marriage Act 1955.
II The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the parties along with their respective counsel have participated and resolved their disputes and agreed to the following terms and conditions:
1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 22.06.2018 at Sri Someshwara Temple, Halasur Road, Someshwarapura, Bengaluru, as per Hindu rites and customs.
2. The parties state and admit that due to irreconcilable differences and 6 incompatibility of temperaments, they are living separately from past two years. 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 a reunion between them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life.
Hence, the petitioner and the respondent have decided to file mutual consent petition under Section 13-B of Hindu Marriage Act to get their marriage dissolved by a decree of divorce and petitioner undertakes to withdraw this above petition by filing memo.
3. The parties herein state that they have no children born to them from their wedlock.
4. Both parties state that they have no claims of maintenance / permanent 7 alimony against each other either past, present or future, as both of them are gainfully employed.
5. The petitioner has agreed to pay a sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) to the respondent towards the marriage expenses and the said amount will be paid to the respondent at the time of reporting settlement by way of Demand Draft, in mutual consent petition which is to be filed.
6. The respondent under takes to cooperate to squash/close the Criminal Proceedings in CC. No. 6391/2020 pending before the II ACMM, Bengaluru before the concerned authority.
7. Both the parties undertakes to handover gold, silver and other valuable articles to each other given or taken during the marriage or otherwise before reporting settlement in the mutual consent to be filed.
88. Both the parties state that there are no movables or immovables to be handed over to each other, thereby there are no claims in this nature.
9. Both the parties state that they shall have no claims against each other either past, present or future.
III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dispose off this petition as not pressed.
IV. Parties will appear on 16.02.2021 before the Court for passing of orders in terms of the agreement."
2. In the light of the settlement so arrived at between the parties, which also recognizes co-operation to close the proceedings in C.C.No.6391/2020 impugned therein and in the light of service of notice 9 upon the respondents, I deem it appropriate to terminate the proceedings qua the petitioners, in the light of the aforesaid settlement.
3. For the aforesaid reasons, the criminal petitions are disposed. Proceedings in C.C.No.6391/2020 pending on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru stand quashed.
Sd/-
JUDGE KG