Karnataka High Court
Mr. Prakash. B. V vs The State Of Karnataka on 15 September, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
CRL.P No. 8534 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 8534 OF 2022
BETWEEN:
1. MR. PRAKASH. B. V.
AGED ABOUT 53 YEARS
S/O VENKATESH K
R/A NO.B-1201
AMODA VALMARK APT
DODDA KAMMANAHALLI ROAD
BENGALURU-560083
...PETITIONER
(BY SRI. PRAKASH B.V., PARTY-IN-PERSON)
AND:
1. THE STATE OF KARNATAKA
BY HULIMAVU POLICE
Digitally signed by
PADMAVATHI B K HULIMAVU POLICE STATION
Location: HIGH HULIMAVU
COURT OF
KARNATAKA BENGALURU-560076
2. MR SAVIKIRAN S M
CLIENT OF ADVOCATE MR ANUP RAO
NO.522, 2ND FLOOR
NO.6, RANKA PARK APARTMENT
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CRL.P No. 8534 of 2022
LALBAGH ROAD
NEAR RICHMOND CIRCLE
BENGALURU, KARNATAKA-560027
...RESPONDENTS
(BY SRI.K.S. ABHIJITH, HCGP FOR R1;
SRI. ANUP SEETHARAM RAO, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF THE CR.P.C PRAYING
TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST
THE RESPONDENT NO.2, WHO IS ARRAIGNED AS ACCUSED IN
C.C.NO.4863/2018 IN CR.NO.189/2017, FOR THE OFFENCE
P/U/S 419, 497, 468, 471, 201 OF IPC ON THE FILE OF V
ADDL.C.M.M., BENGALURU IN VIEW OF THE JOINT
COMPROMISE PETITION FILED BY THE PETITIONER,
PETITIONER WIFE AND RESPONDENT NO.2, BEFORE THE
HONOURABLE VI ADDITIONAL PRINCIPAL FAMILY COURT
JUDGE, BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-in-person has filed the subject petition for acceptance of a joint compromise petition filed before the concerned Court in M.C.No.4303/2017.
2. The crime comes to be registered against respondent No.2 for offences under Sections 419, 497, 468, 471 and 201 of the IPC in Crime No.189/2017. The -3- CRL.P No. 8534 of 2022 police after investigation file a charge sheet against the accused in C.C.No.4863/2018. The parties were also before the Family Court in M.C.No.4303/2017, where they have closed the proceedings by entering into a compromise on 15.07.2022. The terms of compromise reads as follows:
COMPROMISE PETITON FILED UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE The Petitioner and Respondents most respectfully pray as follows:
1) The Petitioner and the Respondents herewith submit this amended compromise petition, whose settlement terms and conditions are detailed below:
2) The Respondent No.1 has agreed to return back, by way of cheque, all the maintenance amount of Rs.2,56,581/- which was paid to her by Petitioner.
The said cheque will be in favour of Prakash Bangalore Venkatesh, dated 31-Dec-2022, will be handed over to Petitioner before reporting settlement in the above matter before this Hon'ble Court.
3) It is submitted that Respondent No.1 has given up her right to claim maintenance from the -4- CRL.P No. 8534 of 2022 Petitioner. The Respondent No.1 hereby confirms and affirms that she will not claim any past, present or future interim/final maintenance/alimony. The Petitioner and Respondent No.1 have no claim against each other to any moveable or immovable properties, financial commitment and all their claims are settled fully and finally.
4) The first son of Petitioner and Respondent No.1, Mr. Shashank Prakash has attained the age of majority. And the second son of Petitioner and Respondent No.1, Master. Pranav Prakash is in the care and custody of the Petitioner/father. Furthermore, the Petitioner will be the sole legal guardian of Master. Pranav P. The Respondent No.1 has no objection whatsoever for the Petitioner being the sole signatory on behalf of Master. Pranav P. in matters like his passport, visa, education and all other governments matters.
5) It is agreed between Petitioner and Respondent No.1 that Respondent No.1 will have visitation once a month, of her minor son Master Pravan P. on every first or fourth Sunday, after confirmation on the previous Friday. Further the petitioner no.1 will -5- CRL.P No. 8534 of 2022 contact through phone no.80954-95096 on petitioner no.2 phone no.98456-10382.
6) The Petitioner had purchased a property bearing No.238, Eagle Ridge, Begur-Koppa Road, Bengaluru - 560068 from his own funds and the same was purchased by way of Sale Deed dated 22.5.2015 in the joint names of the Petitioner and Respondent No.1. The Petitioner only has paid the entire sale consideration to purchase the said property. The Respondent No.1 has agreed to relinquish all her rights over the said Property in favour of the Petitioner by way of a Registered Release Deed before reporting settlement in the above matter before this Hon'ble Court.
7) The Respondent No.1 herein has agreed to withdraw the following cases against the Petitioner herein before disposing the above case in accordance with this Compromise Petition and getting mutual consent divorce:
a. S.R. 3178/2017, pending before 24th M.M. Kukatpally, Telangana and FIRs arising from this S.R. num -6- CRL.P No. 8534 of 2022 b. S.R. 3389/2017, pending before 24th M.M. Kukatpally,Telangana and FIRs arising from this S.R. num c. S.R. 8532/2017, pending before 9th Addl. Metropolitan Magistrate, Kukatpally, Telangana and FIRs arising from this S.R. num.
8) The Petitioner herein has agreed to withdraw the following cases against the Respondents herein before disposing the above case in accordance with the Compromise Petition and getting mutual consent divorce
a) C.C. 4863/2018, pending before the Vth Addl.
Chief Metropolitan Magistrate, Bengaluru.
b) Crime no. 31/2022, Arising out of PCR No.22271/2021, pending before the Vth Addl. Chief Metropolitan, Bengaluru.
c) W.P. 6267/2022, pending before the Hon'ble High Court of Karnataka, Bengaluru.
9) That the Petitioner and Respondent No.1 will co-operate in closing and disposing of all the cases filed against each other. That both the Petitioner and Respondent No.1 will co-operate to withdraw / get compounded the above said cases pending against -7- CRL.P No. 8534 of 2022 each other. In the event, the above said cases cannot be compounded before the Magistrates, the Petitioner and Respondent No.1 agree to get the above said cases quashed before the Hon'ble High Court of Karnataka or Hon'ble High Court of Telangana in appropriate proceedings.
10) It is agreed between Petitioner and Respondent No.1 that they will obtain mutual consent divorce by filing mutual consent petition u/s 13-B of H.M.A. before this Honb'e Court.
11) The Petitioner and both Respondents have agreed that, they shall not interfere with each other's life or cause any disturbance either directly or indirectly.
12) All the parties have entered into this compromise out of their own free will and volition without any coercion or undue influence from anybody.
13) Wherefore, the Petitioner and the Respondents most respectfully pray that this Hon'ble Court may kindly be pleased to dispose of the above case only -8- CRL.P No. 8534 of 2022 upon fulfillment of the above terms of agreement, in the interest of justice and equity."
3. In the light of the compromise being arrived at between the parties, I deem it appropriate to accept the petition and quash the proceedings against the accused-
respondent No.2 in C.C.No.4863/2018.
4. For the aforesaid reasons, following:
ORDER I. Criminal petition stands disposed.
II. Proceedings pending in C.C.No.4863/2018 before the V ACMM Court, Bengauru, stands quashed qua the *respondent No.2.
Sd/-
JUDGE SJK List No.: 1 Sl No.: 22 * Corrected vide Court order dated 30/09/2022.