Allowed

Anuradha Jagadish v. Soumya Makkam

Karnataka HC2 Dec 2022CRL.P/4847/2018

Case brief

AI extract

What is this about?

The High Court quashed pending domestic violence proceedings initiated by a divorced daughter-in-law against her mother-in-law. Dismissing the case as stale, the court held that the respondents had received monetary alimony in the divorce case and no longer had a claim, rendering the criminal petition unnecessary.

What did the court decide?

Criminal Misc. No. 68/2016 pending before the Metropolitan Magistrate Traffic Court, Bengaluru is quashed.

Anuradha Jagadish Vs Soumya Makkam — Dowry and Cruelty | Karnataka HC (2022)

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CRL.P No. 4847 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN CRIMINAL PETITION NO.4847 OF 2018

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BETWEEN:

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ANURADHA JAGADISH

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W/O DR. JAGADISH KUMAR, AGED ABOUT 57 YEARS R/O NO.D4, KAVERI APARTMENTS KALIDASA ROAD, 1ST CROSS, JAYALAXMIPURAM, MYSURU-570 012.

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…PETITIONER

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(BY SRI M.T. NANAIAH, SENIOR COUNSEL FOR SRI. M.R. C. MANOHAR, ADVOCATE)

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AND:

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SOUMYA MAKKAM W/O VARUN SUNKU, AGED ABOUT 28 YEARS

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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EESHAASHVI D/O VARUN SUNKU MINOR IN AGE, (REPRESENTED BY MOTHER/RESPONDENT NO.1)

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BOTH ARE R/AT NO.30, 14TH 'A' CROSS, 2ND PHASE, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BEHIND NANDINI THEATRE, BENGALURU-560 086.

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…RESPONDENTS

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(BY SRI. C.M. JAGADEESH, ADVOCATE)

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CRL.P No. 4847 of 2018

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THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC. NO.68/2016, PENDING ON THE FILE OF THE LEARNED III METROPOLITAN MAGISTRATE TRAFFIC COURT, BANGALORE REGISTERED UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT.

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THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is accused No.3 and mother-in-law of respondent No.1 in C.Misc.No.68/2016, pending on the file of Metropolitan Magistrate Traffic Court - III, Bengaluru.

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C.Misc.No.68/2016 has been initiated by

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respondent Nos.1 and 2 herein. Respondent No.2 is the daughter of respondent No.1. The husband of respondent No.1 is accused No.1, father-in-law of respondent No.1 is accused No.2 and mother-in-law - the petitioner herein is accused No.3 in the said proceedings.

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The said proceedings are initiated under Section 12(1) r/w Sections 17, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005. It is filed for the following reliefs;

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CRL.P No. 4847 of 2018

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"Wherefore, the petitioner above named humbly prays that this Hon'ble Court may be pleased to take cognizance of Domestic Violence committed by the respondents and also grant Monetary relief of Rs.10,00,00,000 and further grant an additional Monetary reliefs due to removal of Stridhan property from the control of the petitioner as stated in the petition. On the contrary if the respondents refuses to return the said Stridhan property in the alternative the respondents may be directed to pay Rs. 10,00,00,000/- being the value of the gold jewellery, silver items and other gift items further the petitioner claims monthly maintenance of Rs. 3,00,000/- per month and she wants to stay in the shared house of respondent No.1 and grant such other order or reliefs that this Hon'ble Court may deem fit in the circumstances of the case and further direct the respondents to hand over her Stridhan properties and deal with respondents according to law, in the interest of justice."

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It is submitted by the petitioner that notice in C.Misc.No.68/2016 is served on her and she is living in India and not yet served on the other accused. Hence they are not present before the Court.

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CRL.P No. 4847 of 2018

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It is further submitted by the petitioner that the

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prayer made by the respondents pertains to only for grant of monetary relief. It is submitted that subsequent to filing of C.Misc.No.68/2016, the VI Additional Principal Judge, Family Court, Bengaluru in M.C.No.1298/2019 has granted divorce to respondent No.1 and her husband - accused No.1.

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In the said proceedings, the claim of the respondent No.1 for monetary relief has been considered and respondent No.1 has been granted permanent alimony of Rs.20.00 lakhs and the same is not challenged by respondent No.1 and on the said ground, it is submitted that the case of the respondent No.1 for monetary relief has been considered by the Family Court and nothing remains in the proceedings in C.Misc.No.68/2016.

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It is also submitted that respondent No.1 has subsequently married another person and settled down in life. On the said ground, it is prayed that the entire proceedings in C.Misc.No.68/2016 be quashed.

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CRL.P No. 4847 of 2018

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Inspite of the respondents being represented by an advocate, he has remained consistently absent. It also shows that the respondents are not interested in the petition.

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Under the circumstances, it can be concluded that

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the respondents have received monetary consideration from accused No.1 and are satisfied by the same and they have no other claim against the petitioner herein or other accused in C.Misc.No.68/2016.

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For the aforementioned reasons, the petition is allowed . The proceedings in C.Misc.No.68/2016, on the file of Metropolitan Magistrate Traffic Court - III, Bengaluru is hereby quashed.

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SD/JUDGE

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Anuradha Jagadish v. Soumya Makkam

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Anuradha Jagadish v. Soumya Makkam

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