Karnataka High Court
Sri. Giribabu Narasimhalu vs State Of Karnataka on 17 September, 2019
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
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CRL.P. No.4930/2019
C/W CRL.P. No.4931/2019
CRL.P. No.5037/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.4930 OF 2019
C/W
CRIMINAL PETITION No.4931 OF 2019
CRIMINAL PETITION No.5037 OF 2019
IN MFA No.4930/2019
BETWEEN:
SRI. GIRIBABU NARASIMHALU
S/O LATE N. SUBBARAMAIAH
AGED ABOUT 45 YEARS
R/AT NO.1145, 1ST CROSS
GITANJALI LAYOUT
NEW THIPPASANDRA
H.A.L. 2ND STAGE
BANGALORE-560 075 ... PETITIONER
(BY SHRI. K.H. SOMASEKHARA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
ANEKAL P.S.,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. SMT. ROOPASHREE
W/O GIRIBABU N
AGED ABOUT 26 YEARS
R/AT NO.10, 4TH MAIN
TIMBER ROAD
S.K IYENGAR BAKERY
NEAR GURAPPANAPALYA
BANNERGHATTA ROAD
BANGALORE-560 029 ... RESPONDENTS
(BY SHRI. R.D. RENUKARADHYA, HCGP FOR R-1)
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CRL.P. No.4930/2019
C/W CRL.P. No.4931/2019
CRL.P. No.5037/2019
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE CRIMINAL CASE UNDER CRIME
NO.238/2018 REPORTED ON THE FILE OF PRINCIPAL CIVIL JUDGE AND
JMFC ANEKAL.
IN CRL.P No.4931/2019
BETWEEN:
1. SRI. GIRI BABU NARASIMHALU
S/O LATE N. SUBBARAMAIAH
AGED ABOUT 45 YEARS
R/AT NO.1145, 1ST CROSS
GITANJALI LAYOUT
NEW THIPPASANDRA
H.A.L. 2ND STAGE
BANGALORE NORTH
BANGALORE-560 075
2. SMT. USHA S
W/O NAVEEN
AGED ABOUT 35 YEARS
R/AT 49/14, JAKKASANDRA 3RD MAIN
6TH B CROSS, KORMANGALA
BANGALORE SOUTH
KORMANGALA
BANGALORE-34 ... PETITIONERS
(BY SHRI. K.H. SOMASEKHARA, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BELLANDUR POLICE STATON
REPRESENTED BY SPL. PUBLIC PROSECUTOR
HIGH COURT BUILIDNG
BENGALURU-560 001
2. SMT. ROOPASHREE
W/O GIRIBABU NARASIMHALU
AGED ABOUT 26 YEARS
NO.F-8, A BLOCK
PSR FLORA, DOMMASANDRA CIRCLE
CHEMBENAHALLI
SARJAPURA ROAD
BANGALORE-560 025 ... RESPONDENTS
(BY SHRI. R.D. RENUKARADHYA, HCGP FOR R-1)
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CRL.P. No.4930/2019
C/W CRL.P. No.4931/2019
CRL.P. No.5037/2019
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE CRIMINAL CASE UNDER
CR.NO.437/2018 REPORTED ON THE FILE OF 6TH A.C.M.M.COURT,
NRUPATUNGA ROAD, BENGALURU FOR THE OFFENCE P/U/S
420,471,468,34 OF IPC.
IN CRL.P No.5037/2019
BETWEEN:
1. ROOPASHREE
W/O GIRI BABU N
AGED ABOUT 26 YEARS
2. AVINASH
S/O CHANDRASHEKAR
AGED ABOUT 33 YEARS
3. JAYALAKSHMAMMA
W/O LATE SRINIVAS
AGED ABOUT 50 YEARS
ALL ARE RESIDING AT NO.10
4TH MAIN, TIBBER ROAD
S.K. IYENGAR BEKARY
NEW GURRAPPANAPALYA
BANNERGHATTA ROAD
BENGALURU-29 ... PETITIONERS
(BY SHRI. P. KIRAN KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BELLANDUR P.S
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BANGALORE-560 001
2. GIRI BABU NARASIMHALU
S/O LATE N. SUBBARAMAIAH
AGED 45 YEARS
R/AT NO.1145, 1ST CROSS
GEETHANJALI LAYOUT
NEW THIPPASANDRA
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CRL.P. No.4930/2019
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CRL.P. No.5037/2019
H.A.L. 2ND STAGE
BENGALURU-560 075
ALSO AT NO.29/1/12, CHERISH
MOTORSH, OPP.ECO SPACE
BELLANDURU
BENGALURU CITY
KARNATAKA ... RESPONDENTS
(BY SHRI. R.D. RENUKARADHYA, HCGP FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN
CR.NO.472/2018 REGISTERED BY BELLANDURU POLICE STATION
PENDING IN THE COURT OF I ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BENGALURU INITIATED AS AGAINST THE PETITIONER
BASED ON THE COMPLAINT FILED BY RESPONDENT NO.2 FOR OFFENCE
P/U/S.66 OF INFORMATION TECHNOLOGY ACT OF 2000 AND
SEC.380,454,457 AND 420 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
All these three criminal petitions arise out of matrimonial dispute between Shri Giri Babu Narasimhalu and his wife Smt. Roopashree.
2. Smt.Roopashree filed FIR No.238/2018 in Sarjapura Police Station, on 22.10.2018 for offences punishable under Sections 498-A, 420, 323, 504, and 506 of IPC.
3. Smt.Roopashree also filed another FIR No.437/2018 in Bellanduru Police Station on 24.10.2018, for offences 5 CRL.P. No.4930/2019 C/W CRL.P. No.4931/2019 CRL.P. No.5037/2019 punishable under Sections 420, 471, 468 read with Section 34 of IPC.
4. Shri Giri Babu filed FIR No.472/2018 in Bellanduru Police Station on 23.11.2018 for offences punishable under Section 66 of the Information Technology Act, 2000 & Sections 380, 454, 457 & 420 of IPC.
5. Shri Somashekhara K.H., learned advocate appearing for Shri Giribabu Narasimhalu(husband) and Shri Kiran Kumar P., learned advocate appearing for Smt. Roopashree (wife) jointly submit that Parties have resolved the matrimonial dispute amicably. in terms of settlement, Shri Giribabu has agreed to pay Rs.15,00,000/- to Smt. Roopashree and both parties have filed a mutual consent petition for divorce in M.C.No.1847/2019, on the file of Principal Family Court, Bangalore. Accordingly, they have filed a joint affidavit sworn to by Giribabu, Usha, Roopashree, Avinash and Jayalakshmamma.
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6. Jayalakshmamma is Roopashree's mother. Avinash is husband of Roopashree's sister Radha. Usha is an employee working under Giri Babu.
7. The deponents in the affidavit are present before the Court. They have been identified by their respective advocates and admit the contents of the joint affidavit. Smt. Roopashree and Shri. Giri Babu jointly submitted that all the above three criminal proceedings may be quashed to enable them to file necessary consent terms in the matrimonial petition. The Joint Affidavit reads as follows:
"JOINT AFFIDAVIT We., Giribabu Narasimhalu S/o Late N. Subbaramaiah, Aged about 45 years, R/at No.1145, 1st Cross, Gitanjali layout, New Tippasandra, H.A.L 2nd stage, Bangalore-560
075., Smt. Usha S W/o Naveen, Aged about 35 years, Smt. Roopashree, W/o Giribabu Narasimhalu, Aged about 26 years, Sri. Avinash S/o Chandrashekar Aged about 33 years and 7 CRL.P. No.4930/2019 C/W CRL.P. No.4931/2019 CRL.P. No.5037/2019 Jayalakshmamma W/o Srinivas, Aged about 50 years R/at No.10, 4th Main, Timber Road, S.K.Iyengar Bakery, New Gurappanapalya, Bannerghatta Road, Bangalore-560 029., and do hereby solemnly affirm and state on oath as follows:
1. We submit that the above criminal petition No.4930/2019 is filed before this Hon'ble court for quashing of the FIR registered in Crime No.238/2018 for offence punishable under section 498(a), 420, 323, 504, 506 of Indian Penal Code reported on the file of Prl.
Civil Judge and JMFC Anekal and Criminal petition no.4931/2019 is filed for quashing of FIR in Crime No.437/2018 for offence punishable under section 468, 471, 420 R/w 34 of Indian Penal Code reported on the file of 6th Addl.CMM Court, Nrupathunga Road, Bangalore And Criminal petition No.5037/2019 is filed for quashing of FIR No.472/2018 for offences punishable U/Sec.66 of Information Technology Act of 2000 and Sec.380, 454, 457 and 420 of Indian penal Code reported to the learned Ist Addl. C.M.M, Court, Nrupathunga Road, Bangalore.
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2. We submit that the petitioner No.1 giribabu Narasimhalu and respondent No.2 Roopashree have filed mutual consent petition pending before the Principal Family Court, Bangalore in MC No.1847/2019.
3. We submit as per the advise of the well- wishers and elders have amicably settle the dispute on the following terms. petitionerNo.1 giribabu Narasimhalu agreed to pay Rs.15,00,000/- (Rupees Fifteen lakhs only) as permanent alimony to the 2nd respondent Roopashree and also 2nd respondent Roopashree agreed to return the belongings to petitioner No.1 giribabu Narasimhalu. And all the parties are agreed to withdraw all the criminal cases pending against each other. Hence the joint affidavit.
WHEREFORE, We, humbly prays that this Hon'ble court may be pleased to allow the above criminal petitions in terms of this Joint affidavit, in the interest of justice and equity." 9 CRL.P. No.4930/2019 C/W CRL.P. No.4931/2019 CRL.P. No.5037/2019
5. The criminal proceedings under Section 498-A of IPC have stemmed out of matrimonial dispute between the parties. Parties have resolved the matrimonial dispute amicably. In the circumstances, no useful purpose would be served by continuing the criminal proceedings. Therefore, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings pursuant to registration of FIR No.238/2018, pending on the file of Principal Civil Judge and JMFC, Anekal, FIR No.437/2018 pending on the file of 6th Additional CMM, Bengaluru, and FIR No.472/2018 pending on the file of 1st Additional CMM, Bengaluru, are quashed.
6. The Petitions are accordingly disposed of.
No costs.
Sd/-
JUDGE Yn.