Karnataka High Court
Mr C Narayana Swamy vs Smt Sarasa @ Padma on 3 April, 2013
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 3RD DAY OF APRIL, 2013
BEFORE
THE HON'BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.5640 OF 2011
Between:
Mr C Narayana Swamy
Age: 57 years
S/o Late Chikka Narasimaiah
Working as Chargeman (Field)
Indian Oil Corporatio Ltd.
R/at No Herohalli
Vishwaneedam Post
Mgadi Main Road
Bangalore - 560 091. ...Petitioner
(By Sri: Satish G Raikar, Advocate)
And:
Smt Sarasa @ Padma
Age: 43 years
R/at No.65, 10th Cross
II Main, Kaveri Pura
Kamakshipuram
Kamakshipalya
Bangalore - 560 079. ...Respondent
(By Sri: B Keshava Murthy, Advocate)
2
This Criminal Petition is filed under Section 482 of Code of
Criminal Procedure praying to quash the impugned order dated
11.4.2011 passed in Crl.Misc.No.37/2011 passed by the V Addl.
C.M.M., Bangalore, by allowing the parties to compound under
Section 320 of the Code of Criminal Procedure.
This Criminal Petition coming on for Orders this day, the
Court made the following:
ORDER
The present petition is filed challenging the order passed in Crl.Misc.No.37/2011. There are other proceedings pending between the parties. Crl.Misc.No.25/2013 was a off-shoot of the proceedings under the Domestic Violence Act. The matter having been referred to Mediation, the parties have arrived at a settlement which is recorded as hereunder.
"I. The petitioners have filed this petition under Section 31 of the Protection of Women from Domestic Violence Act read with Section 200 of the Code of Criminal Procedure, seeking for certain reliefs prayed for by her, in the petition. The aforesaid matter was referred to mediation to resolve the dispute between the parties. During the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:
i) Both the parties admit their relationship as wife and husband having got married on 09.06.1978. They state that from their wedlock, they have been blessed with a son by name Mr.N.Lakshminarayana, now aged about 31 years, who is residing with the petitioner-wife.3
ii) Since certain differences started to crop up between them, both the parties could not get along with each other and as such, they started living separately.
iii) Now, during the course of mediation, both the parties expressed their desire top reunite/rejoin to lead a happy married and peaceful life, on the following terms and conditions.
a) The respondent is working with Indian Oil Corporation at Devan Gondhi, Hoskote.
b) It is agreed between the parties that the respondent is due to retire in the month of March, 2013. The respondent hereby agrees and undertakes to pay 50% of his Service Benefits to the petitioner-wife. It is also agreed between the parties that the other 50% of his Service Benefits shall be retained by the respondent-
husband, for which, the petitioner-wife has no objection.
c) It is also agreed between the parties, that after the retirement of the respondent-husband from his services, the Pension Amount which he receives from his Employer, will be divided into the petitioner and the respondent in the ratio of 50:50. It is further agreed between the parties, that in case of death of the respondent, the petitioner is entitled to the entire pensionary benefits of the respondent.
d) The respondent-husband hereby agrees and undertakes to keep informed his Employer (Indian Oil Corporation) about this Agreement/settlement for doing needful in the matter and further, he has also no objection for his Employer to disburse the benefits as agreed to above in clause (b) and (c) in favour of the petitioner-wife.
e) The petitioner-wife hereby agrees and undertakes to withdraw the petition filed by her against the respondent-husband seeking for an injunction, in 4 O.S.No.126/2011 pending on the file of the JMFC Court, Hoskote. Similarly, the respondent-husband hereby agrees and undertakes to withdraw/close the petition filed by him against the petitioner-wife in Criminal Petition No.5640/2011 pending on the file of the Hon'ble High Court of Karnataka, Bangalore, which petition arises out of Crl.Misc.No.37/2011.
f) Both the parties hereby agree and confirm to co- operate with each other in getting the aforesaid matters closed/withdrawn/quashed.
g) Both the parties further agree/confirm/undertake to lead a happy married and peaceful life by withdrawing all the allegations made as against each other.
II In view of the aforesaid agreement/settlement entered into between them, both the petitioner and the respondent pray that the Hon'ble Court be pleased to pass appropriate orders, in terms of the aforesaid agreement/settlement.
III Parties will appear before the Hon'ble Court this day the 12th day of February 2012 for reporting settlement and for passing appropriate Orders in terms of the above said agreement/settlement."
2. In terms of the same, it is also agreed that the wife-
respondent would not pursue the proceedings under the Domestic Violence Act.
3. In that view of the matter and in the light of the decision of the Apex Court in the case of GIAN SINGH V/S. STATE OF 5 PUNJAB ((2012) 10 SCC 303), which has digested the entire case law on the subject and since the proceedings would result in futility, the present Criminal Petition is allowed and the proceedings pending in Crl.Misc.37/2011 stand quashed.
Sd/-
JUDGE KM