Karnataka High Court
Sri K. Raju vs The State By Andersonpet Police on 17 December, 2015
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Dated this the 17th day of December, 2015
BEFORE
THE HON'BLE MRS. JUSTICE RATHNAKALA
Criminal Petition No.5275/2015
BETWEEN:
1. SRI K.RAJU
S/O MUNIRATHNAM
AGED ABOUT 34 YEARS
2. SMT JANAKAMMA
W/O MUNIRATHNAM
AGED ABOUT 59 YEARS
3. SRI K.MURTHY
S/O MUNIRATHNAM
AGED ABOUT 40 YEARS
4. SRI MUNIRATHNAM
S/O LATE KRISHNAPPA
AGED ABOUT 64 YEARS
5. SMT MANJULA
W/O K MURTHY
AGED ABOUT 35 YEARS
PETITIONER NOS.1 TO 5 ARE
RESIDING AT NO.6/446
SRINAGAR COLONY
PALAMANER TALUK
2
CHITTOR DISTRICT
ANDHRAPRADESH - 517 408
6. SMT.MUNIPRATHAP
S/O LATE SUBRAMANYA
AGED 61 YEARS
KUPPAM, SHANITHIPURAM MANDAL
KUPPAM TALUK, CHITTOR DISTRICT
ANDHRAPRADESH - 517 408 ...PETITIONERS
(By Sri SURESH BABU B N, Adv.,)
AND:
1. THE STATE BY ANDERSONPET POLICE
KOLAR GOLD FIELDS
BANGARPET TALUK
KOLAR DISTRICT - 563 113
2. SMT M.PREMA
W/O K.RAJU
AGED ABOUT 29 YEARS
RESIDING AT KASIREDDYGANDALAHALLI
KYASAMBALLI HOBLI, KOLAR GOLD FIELDS
BANGARPET TALUK
KOLAR DISTRICT-563 113 ...RESPONDENTS
(By Sri VIJAYKUMAR MAJAGE, ADDL.SPP FOR R1;
Sri J PRAKASH, Adv., FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CRIMINAL PROCEDURE CODE PRAYING TO QUASH
THE CHARGE SHEET FILED BY RESPONDENT NO.1 IN
C.C.NO.351/2011 PENDING BEFORE THE PRL.C.J. AND
ADDL. J.M.F.C., K.G.F.
3
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioners are charge sheeted in respect of the offences punishable under Sections 498(A), 504, 506,323 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act.
2. The second respondent is the de facto Complainant and the wife of first petitioner - K. Raju. Petitioners No.2 to 6 are the family members of the first petitioner. The second respondent filed an affidavit on 31.10.2015, which reads thus:-
"AFFIDAVIT I, M. Prema, W/o K.Raju, Aged about 29 years, Residing at Kasireddygandalahalli, Kyasamballi Hobli, Kolar Gold Fields, Bangarpet Taluk, Kolar District - 563 113 now at Bengaluru 4 do hereby solemnly affirm and state on oath as follows:-
1. I submit that I am the second respondent in the above matter. I am fully conversant with facts of the case.
2. I submit that I had married to the first petitioner on 06th of March 2010 as per the Hindu customs and rituals at T.T.D. Kalyana Matapam, V.Kota, Chittor District. During my stay with the first petitioner there are some differences between me and my husband first petitioner.
3. I had lodged filed a private compliant in P.C.R.No.2/2011 before the Additional Judicial Magistrate First Class at KGF and the matter was referred to the first respondent police for investigation. The first respondent police after investigation filed charge sheet against the petitioners in C.C.No.351/11 and the matter is pending consideration. I have also filed C.M.C.No.584/2011 before the Principal Junior 5 Civil Judge at KGF which is also pending consideration.
4. I submit that the first petitioner has filed a petition seeking divorce of the marriage in HMOP No.13/2014 before the Principal Senior Civil Judge at Palmaner which also pending consideration.
5. I submit that due to the intervention of the well-wishers of the both the families I have arrived at amicable settlement with the first petitioner as such I am withdrawing all the allegation that I had made in P C R No.2/2011 that is C.C. No.351/11. I also undertake to withdraw the CMC No.584/2011 pending before the Principal Junior Civil Judge at KGF. I also undertake to co-operate with the first petitioner to obtain a decree divorce in HMOP No.13/2014 pending before the Principal Senior Civil Judge at Palamaner.
6. I submit that the first petitioner has agree to pay a sum of Rs.2,75,000/- (Rupees two lakhs 6 seventy five thousand only) as permanent alimony towards the full and final settlement all my claims. The first full and final settlement all my claims. The first petitioner has paid a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) being the part of the agreed permanent alimony vide demand draft bearing No.782145 dated 31.07.2015 drawn on Karnataka Bank Limited, Gokul, Bengaluru. I have accepted and acknowledged the receipt of the same. The balance amount of Rs.1,25,000/- (Rupees one twenty five thousand only) will be paid by the first petitioner along with one gold chain before the Principal Senior Civil Judge at Palamaner in HMOP No.13/2014. I have no claims whatsoever either in kind or in consideration against the first petitioner or his family or his properties either in kind or in consideration except the amount that is stated above as permanent alimony.
7. I submit that I have no objection to compound the above matter and allow the same and quash the charge sheet filed in 7 C.C.No.351/2011 pending before the Additional Judicial Magistrate First Class at KGF.
8. I have filed this affidavit out of my free will and consent without any threat, fraud, coercion or undue influence. have affixed my identification for the kind perusal of this Hon'ble Court.
WHEREFORE, I humbly pray that this Hon'ble Court may be pleased to take this memo on record to pass appropriate orders in the interest of justice and equity.
I do hereby verify and declare that what is stated above is true and correct to the best of my knowledge, information and belief which I believe to be true." (sic)
3. On 31.10.2015, the case was adjourned directing the parties firstly to resolve their lis in the 8 matrimonial case and then report to this Court for disposal of this petition.
4. The certified copy of the Order passed by the Senior Civil Judge, Chittor, Andhra Pradesh, is produced by the learned Counsel for petitioners evidencing that the marriage between the second respondent and the first petitioner is resolved by a Decree of Divorce and the wife has received Rs.2,75,000/- towards the settlement. The entire criminal case being the result of the matrimonial breach between the first petitioner and the second respondent, both of them having resolved their dispute inter se, in the light of the judgment of the Apex Court in the case of GIAN SINGH v. STATE OF PUNJAB AND ANOTHER reported in (2012)10 SCC 9 303, there is no impediment to quash the criminal case against all the petitioners.
5. The petition is allowed. The charge sheet in C.C.No.351/2011 pending on the file of Principal Civil Judge and Additional J.M.F.C., K.G.F. passed against the petitioners, is quashed.
Sd/-
JUDGE cp*