Karnataka High Court
Sri. Rajat Raghav vs State Of Karnataka on 15 December, 2018
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR
CRIMINAL PETITION NO.4144 OF 2018
Between:
1. Sri. Rajat Raghav
Son of Late A.V.Gopalakrishna,
Aged about 38 years,
Residing at No.594,
6th Main, NRI Layout,
TC Palya, Rammurthy Nagar,
Bengaluru-560016.
2. Smt Shantha Gopal
W/o late A.V.Gopalakrishna,
Aged about 68 years,
Residing at:No.594,
6th Main, NRI Layout,
TC Palya, Rammurthy Nagar,
Bengaluru-560016. ... Petitioners
(By Sri. Reny Sebastian, Advocate)
And:
1. State of Karnataka
By Halasoor Gate Police Station,
Bengaluru City,
Represented by Special Public Prosecutor,
High Court Building,
Bengaluru-560001.
2
2. Sangeetha V.Pillai
W/o Rajat Raghav,
Aged about 38 years,
Residing at No.26, Arunodaya,
5th Main, 4th Cross,
Sirnidhi Layout,
Chunchaghatta,
Bengaluru-560062. ... Respondents
(By Sri.I.S.Pramod Chandra, Learned SPP-II for R1
Smt. Shreya.S.Kumar, Advocate for
Sri. Siji Malayil, Advocate for R2)
This Criminal Petition is filed u/s.482 of Cr.P.C
praying to quash the entire proceedings in
C.C.No.26003/2015 on the file of the VI A.C.M.M.,
Bengaluru City, registered for the offence p/u/s 498A,506
of IPC and Sections 3 and 4 of D.P Act and issue
appropriate directions.
This Criminal Petition coming on for Admission this
day, the court made the following:-
ORDER
Heard Shri.Reny Sebastian, learned advocate for the petitioners and Shri.I.S.Pramod Chandra, learned SPP-II for the State and Smt. Shreya S. Kumar, learned advocate for respondent No.2.
2. Second respondent is first petitioner's wife.
She lodged F.I.R.No.13/2015 on 17.01.2009 in Halasurugate Police Station, alleging commission of 3 offences punishable under Sections 506 and 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 against her husband and mother-in-law.
3. Parties have settled the matrimonial dispute as per the consent terms dated 18.06.2018 filed before the Family Court, Bengaluru in M.C.No.5848/2017.
4. Petitioners and second respondent are present and identified by their respective advocates.
They admit contents of Joint affidavit which reads as follows:
JOINT AFFIDAVIT "We, Rajath Raghav, S/o A.V.Gopalakrishna, aged about 38 years, Residing at: No.594, 6th Main, NRI Layout, TC Palya, Rammurthy Nagar, Bengaluru 560016 and Sangeetha.V.Pillai W/o Rajath Raghav Aged about 38 years, Residing at: No.26, Arunodaya, 5th Main, 4th Cross, Srinidhi Layout, Chunchaghatta, Bangalore-
560062, do hereby solemnly affirm and state on oath as follows:-
1. We submit that we are the husband and wife and the marriage was solemnized on 17.01.2009 as per the Hindu rites and customs at Wood Rose, Brigade 4 Millennium and subsequent to their marriage they continued to reside in Bangalore.
2. We submit that the following litigations between us in various courts have been delineated as below:-
Sl.No Case No. Court Offences Filed by Alleged
1. CC VI ACMM UNDER WIFE No.26003/ COURT AT SECTION 2015 BANGALORE 498A, 506 OF THE IPC
2. M.C.NO. The I Section 9 of Husband 305/2015 Additional Hindu Judge, Family Marriage Act, Court, Bengaluru
3. Crl.Misc.No. II MMTC, at Under Section Wife 32/2015 Bengaluru 12 of DV Act
4. M.C.No. Principal Under Section Wife and 5848/2017 Judge, Family 13B of Hindu Husband Court at Marriage Act Bengaluru
3. We submit that a settlement has been arrived and we have genuinely settled our differences and resolved all the disputes on 15.06.2018 before Bangalore Mediation Center.
4. The terms of the memo of settlement entered into between the First Petitioner and the Second Respondent is extracted hereunder:-
I. The Petitioners are Hindus. Their marriage was solemnized on 17.01.2009 at Wood Rose, Brigade Millenium, 7th Phase, J.P.Nagar, Bengaluru, as per Hindu Rites and customs. Subsequently their marriage has been registered before the Registrar of Marriages, 5 J.P.Nagar, Bengaluru vide Certificate No.JPN-HM603- 2008-09 on 07.02.2009 and stored in C.D.NO.JPNM10. II. The Petitioners state and admit that due to irreconcilable differences and incapability of temperaments, they are living separately from the year 2012. 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 re-union between them. There is absolutely no chance of a re-union between them. The petitioners know that their marriage is irretrievably broken down and there are no chances of Re-union to lead a happy married life. Hence the petitioners have decided to get the marriage dissolved by a decree of divorce by mutual consent.
III. Both the petitioners state that they have a son by name Vihaan Raghav aged about 8 years presently under the care and custody of the 1st Petitioner/mother and shall continue to be so in future for which the 2nd Petitioner/father has no objection. The 2nd Petitioner has no objection for the 1st Petitioner to sign all the relevant documents with regard to the child's education, passport, change of name etc. as Single Parent. IV. It is agreed by both the parties that all the decisions related to the education and upbringing of the child will rest on the discretion of the 1st Petitioner. V. The 2nd Petitioner hereby agrees and undertakes that he will keep himself available if requested by the 1st Petitioner in future to sign the relevant documents with regard to their minor child's education and any other related documents.
VI. Both Petitioners state that they have no claims of maintenance or permanent alimony against each other 6 either past, present or future as both of them are gainfully employed.
VII. The 1st Petitioner has agreed to co-operate with the 2nd Petitioner in closing or quashing the proceedings in CC No.26003/2015 pending on the file of VI ACMM, Bangalore filed under Section 498 of IPC. VIII. The 2nd Respondent intends to seek the quashing of CC.26003/2015 by approaching Hon'ble High Court of Karnataka under Section 482 of Criminal Procedure Code vide Crl.Pet.No.4144/2018. The 1st Petitioner submits that she has no objection for quashing of said case and further the 1st Petitioner hereby undertakes to co- operate with the 2nd Petitioner in this regard. Both parties hereby undertake to appear before the Hon'ble High Court of Karnataka at the time of hearing of the said proceedings.
IX. Both Petitioners state that they have already they have already exchanged their article and as such there are no dues against each other in this regard. X. The Petitioners state that they have no claims over the movable or immovable belonging to each other either existing or to be acquired in future. XI. The Petitioners further state that they have no other claim of whatsoever manner against each other either past, present or Future.
XII. The Petitioners further state that there has been no collusion or fraud or force or any undue influence in filing the above petition and entering into the settlement ion the aforesaid manner.
XIII. The Petitioners admit that they will not interfere in the lives of each other in future.
5. We submit that a case filed by the Second Respondent against the Petitioners numbered as CC 7 No.26003/2015 pending on the file of VI ACMM, Bangalore filed under Section 498 of IPC has been agreed upon to be withdrawn by the Second Respondent as per the clause mentioned in the Memorandum of Settlement.
6. We submit that a case filed on 17.01.2015 by the husband under Section 9 of Hindu Marriage Act, for restitution of Conjugal rights before the I Additional Judge, Family Court, Bengaluru in M.C.No.305/2015 has also been withdrawn by the Husband on 19.07.2017.
7. We submit that a case filed by the wife against the husband in Crl.Misc.No.32/2015 under section 12 of the Domestic Violence Act has also been withdrawn in order with the terms and conditions of the Settlement brought together. Hence the above dispute also is out of Question.
8. We Submit that, since our marriage is irretrievably broken and can never be reunited on account of differences, attitude and for want of compatibility between us has resulted in rupture of marriage bond beyond repair. We have already filed mutual consent divorce petition as contemplated under section 13B of Hindu Marriage Act in M.C.No.5848/2017, pending before the Principal Judge, Family Court at Bangalore dated 24.11.2017 and the same has been disposed on 13.06.2018, by granting decree of divorce.
WHEREFORE, we pray that this Hon'ble Court be pleased to allow the above petition and quash the C.C.No.26003/2015, pending on the file of VI Addl. Chief Judicial Magistrate, Bengaluru for the offences under Section 498(A), 506 IPC and Section 3 and 4 of Dowry Prohibition Act, against husband and his family members, in the interest of justice.
8We, the deponents do hereby declare and verify that what is stand in para 1 to 8 are true and correct to the best of my knowledge, belief and information."
5. The instant criminal proceedings have stemmed out of matrimonial dispute. Parties have settled the dispute amicably. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C.No.26003/2015 (F.I.R No.13/2015) on the file of Court of VI Addl. Chief Judicial Magistrate, Bengaluru, are quashed.
Petition is disposed of. No costs.
Sd/-
JUDGE bnv*