Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 9476 OF 2018 (482) BETWEEN:
1. ASHWIN U U S/O UMESH U P AGED ABOUT 35 YEARS
2. UMESH U P S/O LATE PUNDALIKA RAO U K AGED ABOUT 68 YEARS
3. SMT SINDHU U U W/O UMESH U P AGED ABOUT 60 YEARS ALL ARE R/AT NO.306, PYRAMID TEMPLE BELLS APARTMENTS, 16TH CROSS, BEHIND BATA SHOW ROOM, KECHENAHALLI, RAJA RAJESHWARI NAGAR, BENGALURU-560 098 Digitally signed by SHWETHA
RAGHAVENDRA 4. SMT BEENA Location: High W/O SRIDHAR DHAIPHULE Court of AGED ABOUT 37 YEARS Karnataka R/AT NO.402/7,SHANTHI PARK APARTMENTS IX BLOCK,JAYANAGAR, BENGALURU-560 069 …PETITIONERS (BY SRI. MANIVANNAN G.,ADVOCATE) AND:
1. STATE OF KARNATAKA BY RAJA RAJESHWARI NAGAR POLICE STATION, RAJA RAJESHWARI NAGAR -2- BENGALURU-560 098 REP BY SPP. HIGH COURT OF KARNATAKA HIGH COURT COMPLEX BENGALURU.
2. SMT SANDHYA RANI K S
W/O ASHWIN U U AGED ABOUT 32 YEARS R/AT NO.1048,50 FEET ROAD, KUMARASWAMY LAYOUT, BENGALURU-560 078 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1; SRI. NITHISH KUMAR.G., ADVOCATE FOR SRI. K.CHANDRAMOHAN., ADVOCATE FOR R2) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.15178/2017 ON THE FILE OF III ADDL.C.M.M., BENGALURU, FOR THE OFFENCE P/U/S 3 AND 4 OF DOWRY PROHIBITION ACT AND SECTION 506,498A R/W 34 OF IPC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the following relief: a) Call for the entire records in C.C.No.15178 of 2017 on the file of the Hon’ble III ACMM, Bengaluru.
b) To quash the entire proceedings in CC.No.15178/2017 on the file of Hon’ble III ACMM, Bengaluru for the offences P/U/S 3 & 4 of the Dowry Prohibition Act and Section 56, 498A r/w 34 of IPC. -3- c) Grant such other relief or relief as this Hon’ble court deems fit in the facts and circumstances of case.
2. Learned counsel for the petitioner submits that the
disputes between the petitioner and respondent No.2 arose out of the marriage and matrimonial relation between petitioner No.1 and respondent No.2. The matter having been referred to Mediation, the disputes between the parties have been resolved by way of Mediation and settlement agreement has been arrived at under Section 89 of the CPC read with Rule 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 and in furtherance thereof that he submits that parties have agreed for the criminal proceedings to be quashed by allowing the present petition.
3. All the parties are present before this Court and they
are identified by their respective counsel. On enquiry all of them submit that the settlement which has been arrived at before the Meditation Centre is voluntarily without any force or coercsion. A joint -4- memo has been filed singed by petitioners their counsel, respondent No.2 and their counsel, which reads as under: JOINT MEMO BY PETITIONERS AND RESPONDENT No.2 The Petitioners and Respondent No.2 abovenamed most humbly beg to submit jointly as under:
1. The Petitioners have filed the above Petition to Quash the entire Proceedings in C.C. No.15178 of 2017 pending on the file of the Honourable XLVI Addl. Chief Metropolitan Magistrate, Bengaluru.
2. The Petitioner No.2 and 3 are the Parents of the
Petitioner No.1 and Petitioner No.4 is the daughter of Petitioner No.2 and 3 and Sister of Petitioner No.1. The Petitioner No.1 and Respondent No.2 are the husband and Wife and their marriage was solemnized on 10.05.2015 at C.K. Convention Inn. At Bengaluru. Rajarajeshwari Nagar,
3. Owing to the differences of opinion between the
Respondent No.2 and the Petitioner No.1 the Respondent No.2 filed a Petition under Section 9 of The Hindu Marriage Act, in M.C No.550 of 2016 and the Petitioner No.1 filed a Petition under Section 13 (1) (a) and (b) of The Hindu Marriage Act, to dissolve their marriage in M.C. No.6368 of 17, and both the Petitions were clubbed together and pending on the file of the Honourable IV Addl Principal Judge, Family Court, Bengaluru.
4. In order to explore the possibilities of a Settlement, the
above cases were referred to Bengaluru Mediation Centre, and the disputes between the parties was settled amicably whereunder the Petitioner No.1 and the Respondent No.2 agreed to get their marriage dissolved by a Decree of Divorce and the Petitioner No. 1 agreed to pay a sum of 8,00,000/- as Permanent Alimony in full and final settlement of all the claims of
-5- the Respondent No.2 and that the Respondent No.2 agreed to withdraw the Petition filed in C. Mis. No. 32 of 2017 on the file of the Honourable V Metropolitan Magistrate, Bengaluru, and to co-operate in quashing the entire proceedings in C.C. No.15178 of 2017 pending on the on the file of the Honourable XLVI Addl.
Chief Metropolitan Magistrate, Bengaluru, and accordingly signed a Memorandum of Settlement on 17.1.2024 before the Bengaluru Mediation Centre in M.C. No.6368 of 2017. The Copy of the Memorandum of Settlement on 17.1.2024 in M.C No. 6368 of 2017 is herewith produce for kind perusal of this Honorable Court as Document No. 1.
5. In terms of the Settlement, the Petitioner No.1 paid a
sum of 3,00,000/- by Demand Draft bearing No. 001634 Dated 18.1.2024 drawn on HDFC Bank, Ideal Homes Township Branch, R.R. Nagar, Bengaluru in favour of Respondent No.2, and paid the same and on receipt of the same, the Respondent No.2 withdrew the Petition in M.C. No.550 of 2016 and Decreed the Petition in M.C. No.6368 of 2017 and dissolved the marriage between the Petitioner No.1 and Respondent No.2, and further the Petitioner No.1 paid a sum of 2,00,000/- by Demand Draft bearing No.001637 Dated 20.1.2024 drawn on HDFC Bank, Ideal Homes Township Branch, R.R. Nagar, Bengaluru and on receipt of the same, the Respondent No.2 withdrew the Petition in C. Mis. No.32 of 2017. The Copy of the Decree Passed in M.C.No.6368 of 2017 is herewith produce for kind perusal of this Honorable Court as Document No.2.
6. The Petitioner No.1 has paid the balance amount of
Rs.3,00,000/- to the Respondent No.2 by Demand Draft bearing No.857486 Dated 30.1.2024 drawn on HDFC Bank, Ideal Homes Township Branch, R.R. Nagar, Bengaluru on this day, Before this Honorable Court in the above case, and the Respondent No.2 hereby acknowledges the receipt of the said amount, and the entire Amount of Rs.8,00,000/- from the Petitioner No.1 towards Permanent Alimony in full and final settlement of all her claims. The Copy of the Demand Draft bearing No.857486 Dated 30.1.2024 is herewith
-6- produce for kind perusal of this Honorable Court as Document No.3.
7. In view of the above, the Respondent No.2 does not
intend to prosecute the case in C.C. No.15178 of 2017 pending on the file of the Honourable XLVI Addl. Chief Metropolitan Magistrate, Bengaluru, and has No Objections in any manner in Quashing the entire Proceedings in C.C. No.15178 of 2017 pending on the file of the Honourable XLVI Addl. Chief Metropolitan Magistrate, Bengaluru between the parties out of their own free will without there being any external pressure, undue influence or coercion.
8. The Petitioner No.1 and the Respondent No.2 have settled their disputes amicably and the said settlement have been arrived
WHEREFORE the Petitioners and Respondent No.2 most humbly prays that this Honourable Court may be pleased to allow the Petition filed by the Petitioners and further be pleased to Quash the entire proceedings in C.C. No.15178 of 2017 pending on the file of the Honourable XLVI Addl. Chief Metropolitan Magistrate, Bengaluru, which was initiated by the Respondent No.2 in the interest of justice and equity.
Sd/- sd/ Advocate for petitioners petitioners Sd/ sd/ Advocate for respondent No.2 respondent No.2
4. In terms of said joint memo the parties have
reiterated the settlement arrived at before the Mediation Center for sum of Rs.8,00,000/- as permanent alimony in full and final settlement of all the claims to respondent No.2 against the petitioner. -7- Out of the said amount an amount of Rs.3,00,000/- is stated to have been paid by way of demand draft bearing No.001634 dated 18.1.2024 drawn on HDFC Bank, Ideal Homes Township Branch, R.R.Nagar, Bengaluru. A further sum of Rs.2,00,000/- was paid by demand draft bearing No.001637 dated 20.1.2024 drawn on HDFC Bank, Ideal Homes Township Branch, R.R.Nagar, Bengaluru. Today another demand draft for a sum of Rs.3,00,000/- drawn in favour of respondent No.2 bearing No.857486 dated 30.1.2024 drawn on HDFC Bank, Ideal Homes Township Branch, R.R.Nagar, Bengaluru has been handed over to the respondent No.2.
5. Smt.Sandhya Rani.K.S-respondent No.2 who is
present before this Court in person confirms receipt of the aforesaid amount of Rs.3,00,000/- and Rs.2,00,000/- as indicated above and the demand draft for sum of Rs.3,00,000/- handed over today. She confirms that the receipt of the aforesaid -8- amounts is in full and final settlement of all her claims against petitioner No.1-husband and his family member who are arrayed as petitioners No.2 to 4 to the present petition. The Petitioners confirm that they have no claim against Respondent no.2.
6. The present proceedings arising out of matrimonial
relationship and the offences alleged being that under Section 3 and 4 of the Dowry Provision Act, 1961, Section 498 A, 506 read with Section 34 of the IPC, I am of the considered opinion that the settlement arrived at between the parties has put to an end all the matrimonial disputes between the parties. The proceedings in Crime No.204/2016 now pending as cc no.15178/2017 would also have been quashed. In that view of the matter, I pass the following;
ORDER
i. The Criminal petition is allowed. -9- ii. The proceedings in Crime No.204/2016 registered by the Rajarajeshwari Nagar Police Station is now pending in CC No.15178/2017 pending on the file on the III Add. Chief Metropolitan Magistrate, Bangalore has now transferred to the 46th Add. Chief Metropolitan Magistrates, Bangalore are hereby quashed. Sd/- JUDGE SR List No.: 1 Sl No.: 31