Karnataka High Court
Shri Arvind Singh vs The State By on 6 October, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.7158/2017
C/W.
CRIMINAL PETITION NOs.4096/2017, 4097/2017, 3572/2017,
3744/2017
IN CRL.P.NO.7158/2017
BETWEEN:
Shri. Arvind Singh
S/o Shri. Amar Singh
Aged about 44 years
R/at No.4028 200
N Broadway Edmond
OK 73034, Oklahoma
USA.
...Petitioner
(By Sri.Pradeep K Gaonkar., Adv.,)
AND:
1. The State by Kadugodi Police
Represented by the
State Public Prosecutor
High Court of Karnataka
Bengaluru.
2
2. Smt. Chitra Singh
D/o Bhavani Singh
Aged about 40 years
No.746, "Srinidhi" Kadugodi
Whitefield Railway Station
Bengaluru - 67.
... Respondents
(By Sri.Rachaiah, HCGP)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the police complaint filed by the
complainant against the petitioner at Kadugodi Police Station
for offence U/S 498(A), 309, 506, 120B of IPC and Sec.3, 4
and 6 of Domestic Violence Act in Crime No.54/2007 and
further proceedings in C.C.No.4551/2012 before the C.J.M.,
Bengaluru, in so far as the petitioner is concerned.
IN CRL.P.NO.4096/2017
BETWEEN:
Shri. Amar Singh
S/o Ananth Singh
Aged about 66 years
75 Singh Colony, B.N.Road
Gundlupet - 571 111.
...Petitioner
(By Sri.Pradeep K Gaonkar., Adv.,)
AND:
1. The State by Kadugodi Police
Represented by the
State Public Prosecutor
3
High Court of Karnataka
Bengaluru - 560 001.
2. Smt. Chitra Singh
D/o Bhavani Singh
Aged about 40 years
No.746, "Srinidhi" Kadugodi
Whitefield Railway Station
Bengaluru - 67.
... Respondents
(By Sri.Rachaiah, HCGP for R1;
Sri.Pavan, for
Sri.S.Shankarappa, Advs. for R2)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the complaint filed by the
complainant against the petitioner at Kadugodi Police Station
for the offence P/U/S 498(A), 307, 506, 120(B) of IPC and
Sec.3, 4 and 6 of Domestic Violence Act in Crime No.54/2007
and also quash the entire proceedings pending on the file of
Prl. District and S.J., Bangalore Rural District, Bangalore in
S.C.No.340/2012 in so far as the petitioner is concerned.
IN CRL.P.NO.4097/2017
BETWEEN:
Shri. Shantha @ Shantha Bai
W/o Amar Singh
Aged about 62 years
75 Singh Colony, B.N.Road
Gundlupet - 571 111
...Petitioner
(By Sri.Pradeep K Gaonkar., Adv.,)
4
AND:
1. The State by Kadugodi Police
Represented by the
State Public Prosecutor
High Court of Karnataka
Bengaluru - 560 001.
2. Smt. Chitra Singh
D/o Bhavani Singh
Aged about 40 years
No.746, "Srinidhi" Kadugodi
Whitefield Railway Station
Bengaluru - 67.
... Respondents
(By Sri.Rachaiah, HCGP for R1;
Sri.Pavan for
Sri.S.Shankarappa, Advs. for R2)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the police complaint filed by the
complainant against the petitioner at Kadugodi Police Station
for the offence P/U/S 498(A), 307, 506, 120(B) of IPC and
Sec.3, 4 and 6 of Domestic Violence Act in Crime No.54/2007
and also quash the entire proceedings pending on the file of
Prl. District and S.J., Bangalore Rural District, Bangalore in
S.C.No.340/2012 in so far as the petitioner is concerned.
IN CRL.P.NO.3572/2017
BETWEEN:
Sri. Anup Singh
S/o Amar Singh
Aged about 40 years
5
R/o G-03, Ground Floor
ND Willow, 13th Main
12th Cross, NS Palya
BTM Layout, 2nd Stage
Bengaluru - 560 076
And also R/at H No.106
Ranka Apartment, Bilikalli
Bannerughatta Road
Bengaluru - 560 076
...Petitioner
(By Sri.Pradeep K Gaonkar., Adv.,)
AND:
1. The State by Kadugodi Police
Represented by the
State Public Prosecutor
High Court of Karnataka
Bengaluru - 560 001
2. Smt. Chitra Singh
D/o G Bhavani Singh
W/o Arvind Singh
Age Major
No.746, "Srinidhi" Kadugodi
Whitefield Railway Station
Bengaluru - 560 067
... Respondents
(By Sri.Rachaiah, HCGP for R1;
Sri.Pavan for
Sri.S.Shankarappa, Advs. for R2)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the police complaint filed by the
6
complainant against the petitioner at Kadugodi Police Station
for the offence U/S 498A, 307, 506B, 120B of IPC and Sec.3,
4 and 6 of Domestic Violence Act in Crime No.54/2007 and
also quash the entire proceedings initiated by the Court of
Prl. District and S.J., Bangalore Rural District, Bangalore in
S.C.No.340/2012 and all concerned with this case in so far as
the petitioner is concerned.
IN CRL.P.NO.3744/2017
BETWEEN:
Smt. Ashwini Singh
W/o Kiran Singh
Aged about 34 years
R/o 69, 1st Main
MICO Layout, BTM 2nd Stage
Bangalore - 76.
...Petitioner
(By Sri.Pradeep K Gaonkar., Adv.,)
AND:
1. The State by Kadugodi Police
Represented by the
State Public Prosecutor
High Court of Karnataka
Bengaluru - 560 001.
2. Smt. Chitra Singh
D/o Bhavani Singh
Aged about 40 years
No.746, "Srinidhi" Kadugodi
Whitefield Railway Station
Bengaluru - 67
... Respondents
7
(By Sri.Rachaiah, HCGP for R1;
Sri.Pavan for
Sri.S.Shankarappa, Advs. for R2)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the police complaint filed by the
complainant against the petitioner at Kadugodi Police Station
for the offence U/S 498A, 309, 506, 120B of IPC and Sec.3, 4
of Domestic Violence Act in Crime No.54/2007 and also
quash the entire proceedings initiated by Prl. District and
S.J., Bangalore Rural, Bangalore in S.C.No.340/2012 with
this case in so far as the petitioner is concerned.
These Criminal Petitions coming on for orders this day,
the Court made the following:
ORDER
These petitions have been filed by the respective accused persons for quashing of the proceedings pending in S.C.No.340/2012 on the file of Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru and C.C.No.4551/2012 pending on the file of Chief Judicial Magistrate, Bengaluru, registered for the offences punishable under Sections 498-A, 307, 506, 120-B of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, respectively. 8
2. I have heard arguments of Sri. Pradeep K Gaonkar, learned counsel appearing for petitioners - accused, Sri.Rachaiah, learned HCGP appearing for State and Sri.Pavan, learned counsel appearing on behalf of Sri S.Shankarappa, counsel for respondent No.2 - complainant in all these petitions. Perused the records.
3. Petitioner in Crl.P.No.7158/2017 i.e., Sri.Arvind Singh married second respondent - Smt.Chitra Singh on 28.09.2001 at Bangalore initially upto 2004 and later shifted to U.S.A. and out of said marriage, a female child was born on 16.10.2005, which as on date is in the care and custody of second respondent - complainant. On account of certain disputes having arisen between them, complainant is said to have returned back to India during October 2006 and since then, she has been residing at her matrimonial home. The second respondent filed a complaint for alleged dowry 9 harassment which resulted in registration of above criminal cases.
4. Both the parties have filed a joint memo of compromise on 18.9.2017, whereunder they have agreed to the following terms:
"JOINT MEMO OF COMPROMISE
1. The Accused No.1 (Shri Arvind Singh) and the other shall pay an amount of Indian Rupees 85 Lakhs to the Respondent No.2 and her minor daughter (Chaitra A Singh) as one time permanent alimony, maintenance, child support and final settlement. However, out of the said amount of Rupees 85 Lakhs, a Demand Draft bearing No.498000 dated 11-09-2017 drawn on ICICI Bank for an amount of Rupees 40 Lakhs is drawn in favour of 2nd petitioner and another Demand Draft bearing no 505539 dated 06-09-2017 drawn on ICICI Bank for an amount of Rupees 45 Lakhs is also drawn in favour of 2nd petitioner in the capacity of a Guardian to her minor daughter (Chaitra A Singh). The 2nd petitioner shall safely 10 deposit the said amount of Rupees 45 lakhs as one year fixed deposit renewed every year in any bank till the daughter (Chaitra A Singh) attains majority as per US law since she is an American Citizen. The interest earned out of the said fixed deposit shall be used for the health and education expenses incurred for the minor daughter.
2. The Respondent No 2 shall withdraw the Partition Suit filed on behalf of her minor daughter (Chaitra A Singh) bearing OS No.7690/2008 before the Hon'ble City Civil Court and Session Judge (CCH-7) as the entire claim is settled as per this compromise.
3. The Respondent No 2 shall withdraw/compromise the Criminal complainant vide Cr.No.54/2007 and all subsequent cases bearing number CC.No.4551/2012 and S.C.No.340/2012 against Accused No.1 to 5, and has expressed no objection for passing appropriate order in above said criminal matter.11
4. The Respondent No 2 shall also withdraw/compromise all other cases including any criminal/civil cases such as domestic violence, harassment etc filed against the Accused No 1 to Accused No 5 in any other court in India or USA and not limited to any other locations which may or may not be in the knowledge of the Accused. The Respondent No2 undertakes to drop any initiation or intended action against all Accused.
5. The Respondent No 2 shall withdraw all Interpol notices issued against Accused No1 and not to precipitate any further action which would adversely affect the best interest and liberty of Accused No1.
6. Considering the Divorce Award passed by the Oklahoma Court, USA in Case No.FD-2007-195, the Accused No1 and respondent No2 have presented a Divorce Petition MC No.181/2018 by mutual consent before the Jurisdictional Court in Bangalore in terms of this compromise and bring to the notice of the Court about the Full and Final settlement of the Matrimonial Dispute and all related 12 claims/demands for an amount of 85 lakh Indian Rupees which is received by the Respondent No2 on behalf of herself and as Guardian on behalf of her minor daughter (Chaitra A Singh).
7. The Respondent No2, her minor daughter (Chaitra A Singh) or any family members of Respondent No 2 shall not claim any further claim whatsoever manner either from the Accused No1 nor his family members ie Accused No 2 to 5 either in India or USA, and there shall be no claim whatsoever manner either present/future against each other.
8. The parties have agree, the 1st petitioner is entitled to meet his daughter Chaitra A Singh whenever he comes to India by giving prior intimation to the 2nd petitioner and also meet his daughter on every Sunday between 11 am to 1 pm at "Forum Neighbourhood Mall (Forum Value Mall), Bangalore in the presence of the 2nd petitioner. So also, the grandparents alone are also entitled to meet their granddaughter Chaitra A Singh once in two months on Second Saturday between 11am to 13 1pm at "Forum Neighbourhood Mall (Forum Value Mall), Bangalore in the presence of the 2nd petitioner. In case of any inconvenience to meet Chaitra A Singh, the first petitioner or grandparents should inform the 2nd petitioner well in advance.
9. The parties involved shall not interfere or shall be refrained from making any new allegations or press any charges against each other with respect to the affairs of their personal and family life and all allegation made against each other in whatsoever forum before any Court/Police Station/Forum/Panel shall be considered as settled as withdrawn without lasting any stigma."
5. On account of husband and grandparents expressing their intention to meet the child - Ms.Chaitra A.Singh, further discussions has been held between the parties and today a joint memo is filed, whereunder they have agreed to the following terms: 14
"JOINT MEMO It has been agreed by the parties regarding visiting rights as follows:
1) The Petitioner - Sri Arvind Singh is entitled to talk to his daughter Kum.Chaitra A Singh once in a month on 2nd Sunday through any of the following Mode i.d., Mobile Video Call, Whatsapp.
2) The Petitioner- Sri Arvind Singh is also entitled to meet his daughter Kum. Chaitra A. Singh, whenever he comes to India by giving prior intimation to the 2nd Respondent - Smt. Chitra B.S. i.e., the mother and meet his daughter on every Sunday between 11-00 a.m. to 1-00 p.m. at "Forum Neighbourhood Mall (Forum Value Mall)", Bengaluru in the presence of the mother Smt. Chitra B.S.
3) The Grand-Parents alone are also entitled to meet their Grand-daughter - Kum. Chaitra A. 15 Singh once in a month on 2nd Sunday between 11-00 a.m., to 1-00 p.m. at "Forum Neighbourhood Mall (Forum Value Mall)", Bengaluru in the presence of the mother Smt. Chitra B.S. In case of any inconvenience to meet Kum. Chaitra A.Singh, the 1st Petitioner or the Grand-Parents should inform the 2nd Petitioner well in advance."
6. The second respondent - complainant who has filed a suit on behalf of her minor daughter in O.S.No.7690/2008 before the City Civil Court and Sessions Judge (CCH-7), Bengaluru, for partition had also agreed to withdraw said suit and same has been withdrawn as evident from the memo filed today enclosing copy of the order sheet of O.S.No.7690/2008, which would disclose that said suit came to be withdrawn on 23.09.2017 by her.
7. Petitioner in Crl.P.No.7158/2017 and second respondent - Smt. Chitra Singh have also filed a petition 16 under Section 13-B of the Hindu Marriage Act, 1955 before II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, for a decree of divorce by dissolving the marriage and said petition came to be considered by the jurisdictional court and petition was allowed by order dated 23.9.2017. The photo copy of the order sheet of M.C.No.181/2017 made available would evidence this fact.
8. As agreed between the parties under the joint memo, husband of complainant namely, petitioner in Crl.P.No.7158/2017 (Shri Arvind Singh) has paid a sum of Rs.85 lakhs as permanent alimony and maintenance to the complainant and minor daughter by way of two demand drafts as indicated in the joint memo. Complainant who is present before the Court has acknowledged the receipt of the said demand drafts and in token of having received the same, she has endorsed in the joint memo.
17
9. A memo has also been filed by the learned counsel appearing for petitioners enclosing photocopies of the identity cards issued by the statutory authorities which would disclose that complainant who is present before Court is the same person whose photograph as found in the identity card issued by the Election Commission of India. Complainant who is present before Court submits that out of her own free will, without any force, threat or coercion, she has affixed her signatures to both the joint memos and she has also consented for withdrawal of her complaints and she has no objections for the proceedings pending before the Courts below being quashed. She has also expressed that she has no objection for all the criminal proceedings pending before the Courts below being quashed. She has also been identified by her counsel Sri. Pavan.
10. Taking into consideration that dispute between the petitioner and 2nd respondent is essentially a matrimonial 18 dispute and both the parties have settled their dispute by agreeing to dissolve the marriage solemnized between the petitioner - Sri Arvind Singh and complainant - Smt.Chitra Singh and have also acted upon the terms of the joint memo, this Court is of the considered opinion that in view of law laid down by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab and Another reported in (2012) 10 SCC 303, continuation of further proceedings in S.C.No.340/2012 as well as C.C.No.4551/2012 against petitioners would not serve any fruitful purpose or in other words it would be an abuse of process of law. In that view of the matter, prayer sought for by the petitioners, deserves to be granted.
11. Parties who are present before Court, have also been identified by the learned advocates representing them and in token of having identified them, a memo is filed enclosing the photo copies of their identity cards issued by 19 the statutory authorities which is also duly signed by the parties present before Court and counter signed by the learned advocates representing them. The said memos with enclosures is placed on record.
Hence, I proceed to pass the following:
ORDER i. Criminal petition No.7158/2017 c/w.
Criminal petition Nos.4096/17, 4097/17, 3572/17 & 3744/17 are hereby allowed.
ii. Proceedings in S.C.No.340/2012 and
C.C.No.4551/2012 pending against
petitioners before IX Additional Rural District and Sessions Judge, Bengaluru and Chief Judicial Magistrate Court at Bengaluru are hereby quashed.
iii. Petitioners - accused in S.C.No.340/2012 and C.C.No.4551/2012 are hereby acquitted of the offences punishable under Sections 498-A, 307, 506, 120-B of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act.20
iv. 2nd Respondent - complainant -
Smt. Chitra Singh shall adhere and
comply with the terms as agreed under Clause 8 of Joint Memo of Compromise dated 18.09.2017 and also Clause 2 & 3 of Joint Memo dated 06.10.2017 without any infraction and it is needless to state that petitioners are also required to comply with the terms agreed in the said Joint Compromise Petition and Memo.
v. All pending applications stands consigned to records.
vi. In view of proceedings having been quashed , jurisdictional Courts shall release the passports of the petitioners which is in its custody forthwith.
vii. It is needless to state that in view of proceedings having been quashed, interpol notice / look out notice issued against accused No.1 in 21 C.C.No.4551/2012 has got spent itself and it is hereby quashed.
viii. Bail and surety bonds stands discharged. ` SD/-
JUDGE VMB