Karnataka High Court
Lakshmikantha vs State By Sho on 20 June, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.3506 OF 2017
BETWEEN:
1. Lakshmikantha,
S/o Late Chandramohan,
Aged about 32 years,
Resident of No.1938 E.W.S,
3rd Stage, B Sector,
Yelahanka New Town,
Bangalore-560064.
2. Jagadisha,
S/o Late Venkatesh,
Aged 32 years,
No.82/A, 1st B Cross,
3rd B Main Road,
Near Ayyappa Temple,
Yalahanka New Town,
Bangalore-560062. ...Petitioners
(By Sri.B.T.Venkatesh, Advocate)
AND:
1. State
by S H O,
Yalahanka New Town Police Station,
Represented by SPP,
High Court Building,
Cubbonpark,
Bangalore-560001.
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2. Smt. Shashikala,
Resident of No.1938 E.W.S,
3rd Stage, B Sector,
Yalahanka New Town,
Bangalore-560064. ...Respondents
(By Sri.Derrik Anil, Advocate for R2;
Sri.Sandesh Chouta, SPP for R1)
This Criminal petition is filed under Section-482 of
Cr.P.C. praying to quash the criminal proceedings that is
against the petitioners herein in C.C.No.8778/2017 for
the offences P/U/S 498A, 324, 342, 504, 506 read with
Section 34 of IPC pending on the file of 44th A.C.M.M,
Bengaluru permitting compounding the offences.
This criminal petition coming on for Admission this
day, the Court made the following:
ORDER
This petition is filed seeking for quashing of CC.No.8778/2017 registered for the offences punishable under Sections 498A, 324, 342, 504, 506 read with Section 34 of IPC.
2. Petitioner No.1 and respondent No.2 are husband and wife. Petitioner No.2 is the brother of respondent No.2.
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3. Parties to the present petition, namely petitioner Nos.1 and 2 and respondent No.2 have filed a joint memo, whereunder it is agreed to between the parties that the dispute is amicably settled and petitioner No.1 and respondent No.2 are now living together. It is agreed between all parties as under;
JOINT MEMO
1. The well wishers, friends, and relatives on the both the sides have made an efforts to unite them. Then the husband and wife have compromised and they want to forget their past, misdeed or differences and they wants to live together. Since the compromise is effected petitioner No 1 and respondent No 2 are voluntarily living together peacefully forgetting their past events.
2. To avoid all future complications and litigations between the parties the petitioner are praying this Hon'ble Court to encourage the genuine settlement of matrimonial disputes. Hence this petition seeking quashing of the proceedings in C.C No 8778/2017 pending before the XLIV Additional Chief Metropolitan Magistrate at Bangalore."
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4. The petitioners and respondent No.2 are present before Court and have admitted the contents of joint memo.
5. Respondent No.2, Petitioner Nos.1 and 2 submitted that they have understood the contents of the joint memo and out of their free will and volition and without any force, threat or coercion they have affixed their signatures to the joint memo.
6. Sri.Sandesh Chouta, learned SPP is present in the Court and is requested to explain the contents of the Joint memo to the respondent No.2 and she having been explained the contents of joint memo in Kannada Language, submits that she has understood the contents of Joint memo and as such, she has affixed her signature to the Joint memo.
7. The learned advocates representing the respective parties, in token of having identified them who 5 are present before Court, have also affixed their signature to the joint memo.
8. In that view of the matter, this Court has no impediment to accept the joint memo. Accordingly, it is hereby accepted by taking into consideration that dispute between petitioner No.1-husband and respondent No.2-wife have been amicably settled and are now leading blissful life as stated in the joint memo.
9. In view of the law laid down by Apex Court in the case Gian Singh V/s State of Punjab, reported in (2012) 10 SCC 303, there is no impediment to accept the joint memo and grant the prayer sought for in the joint memo.
10 Hence, accepting the joint memo filed by the parties, following order is passed;
ORDER
i) Criminal petition is hereby allowed.
ii) Proceedings in CC.No.8778/2017 registered against the petitioners for offences 6 punishable under Sections 498A, 324, 342, 504, 506 read with Section 34 of IPC now pending on the file of XLIV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.
Sd/-
JUDGE SB/UN