G R Charushree Vs Sub Inspector of Police

THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE IMPUGNED COMPLAINT FILED BY RESPONDENT NO.2 BEFORE RESPONDENT NO.1 DATED: 21.12.2019 FOUND AT ANNEXUREC AND QUASH THE FIR RESPONDENT NO.1 IN CR.NO.135/2019 DATED 21.12.2019 BEFORE THE LEARNED III JMFC COURT MALALAVADI, MYSURU CITY FOUND AT ANNEXURE-D ALLEGING OFFENCE P/U/S 420,504,506 R/W Section 34 OF IPC ALLOW THIS CRL.P.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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Learned counsel for respondent confirmed the fact that parties have settled their dispute in

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MFA No.202840/2023. As per the terms of compromise in clause No.11, respondent is undertaken to withdraw the

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criminal proceedings initiated against the accused in Crime No.135/2019.

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The terms and conditions of settlement arrived at between the parties, rendered by Co-ordinate Bench of this Court in MFA No.202840/2023, reads as under:

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"COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 R/W SECTION 151 OF C.P.C FILED BY APPELLANT AND RESPONDENT

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The Appellant and the Respondent beg to file the following compromise petition and the terms of the compromise petition are as under:

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1. The Appellant before this Hon'ble court is the petitioner before the trial court and the Respondent is the Respondent before the trial court. For the purpose of the compromise, the status of the parties will be referred with reference to their status before the trial court.

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2. That, the Petitioner is the legally wedded wife of respondent. Their marriage was solemnized on 3005-2019 at Galaxy Convention Centre, Bannur road, Mysore. There are no issues/children out of the said wedlock.

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3. That the appellant/petitioner filed the complaint against the respondent for offences punishable U/s 498(A), 504, 323, 506 R/w 34 of IPC & Sec.3 & 4 of Dowry Prohibition Act, which came to be registered in C.C.No.1986/2020 on the file of Addl. Civil Judge and J.M.F.C at Sindhanur. Later on, the Petitioner filed a petition for divorce on the grounds of cruelty in M.C.No.27/2020 under section 13(1)(i)(i-a) of Hindu Marriage Act on the file of Senior Civil Judge &s JMFC at Sindhanur.

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4. After due enquiry of the petition in M.C.No.27/2020, the Hon'ble Senior Civil Judge & J.M.F.C at Sindhanur was pleased to dismiss the petition of the Petitioner herein by an order dated 23/05/2023. Upon the Judgment & Decree in M.C.No.27/2020, the present appeal has been preferred by the Petitioner herein.

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5. Subsequent to it, the Criminal Proceedings in C.C.No.1986/2020 on the file of Addl. Civil Judge and J.M.F.C at Sindhanur, wherein, the respondent and other accused person are acquitted from the charges vide Judgment dated 19/02/2024, against the said Judgment to there is no appeal preferred by the Petitioner.

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6. It is submitted that, as of now, it has reached a point where the Petitioner and respondent are unable to live together anymore and hence due to intervention of family members, elderly persons & well wishers of their respective families, the Petitioner and Respondent have settled the dispute amicably, and the Respondent has given the consent for divorce to dissolve the marriage in order to live their future life peacefully. Accordingly, both parties mutually agreed for Divorce, and agreed to withdraw all the pending cases.

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TERMS OF THE COMPROMISE ARE AS UNDER:

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7. The Petitioner has agreed to receive Sum of Rs.10,00,000/-(Rupees Ten Lakhs only) from the Respondent towards her permanent alimony. The petitioner on this day of filing this compromise petition has received the a sum Rs.10,00,000/(Rupees Ten Lakhs only) through D.D. bearing No.890045, drawn on Canara Bank. Ramakrishnagara branch, Mysuru dated 15.04.2024. This alimony is towards past, present and future claims including Permanent alimony.

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8. That the both the parties are qualified and they are capable of maintaining themselves. As such, both parties have no future claims for the maintenance, Interim or permanent alimony against each other. Further, the Petitioner and Respondent have agreed that, they have no claims either on movables and immovable properties against each other in past, present and future and have no allegations or acquisitions of whatsoever nature against each other, and the movables and belongings of Petitioner and respondent has also been duly settled between both the parties.

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9. That there is no collusion between the parties in filing the present compromise petition. The said compromise petition is free from fraud, coercion or undue influence or threat.

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10. That the both parties have not at all filed any petition seeking the same relief in any other court of law, except the above said appeal. The Petitioner and respondent are at liberty to get remarried at their discretion.

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11. That the Respondent herein initiated criminal proceedings in Crime No.135/2019 of Saraswatipuram P.S. Mysuru against the Petitioner and her parents for the offences punishable U/s 420, 504, 506 R/w 34 of IPC. In view of the present compromise, the respondent herein is agreed to give consent to compound or quashing the criminal proceedings, which are pending consideration in Crl.P.No.2013/2020 before the Hon'ble High Court of Karnataka, Bengaluru.

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12. As per the terms of the compromise between the parties, the Petitioner and respondent have decided to dissolve the marriage and both the parties shall live their life separately.

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13. The Petitioner and the Respondent have understood the terms of the compromise, as the content of the compromise petition are read over

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and explained to the parties in the language known to them and they have understood the content and accordingly they have put their signature.

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PRAYER

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WHEREFORE, in view of the above compromise entered between the Petitioner and respondent, the marriage solemnized on 30-05-2019 in between the Petitioner and respondent at Galaxy Convention Centre, Bannur road, Mysore, may be dissolved by granting decree of divorce, and such other relief, as the Hon'ble Court deems fit to grant the same in the circumstances of the case, in the interest of justice and equity".

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3. In the light of the same, the following order.

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ORDER

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(i) The petition filed under Section 482 of Cr.P.C, is allowed.

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(ii) The entire proceedings in Crime No.135/2019 registered by

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Saraswathipuram PS, Mysuru City, pending on the file of III JMFC, Malalavadi, Mysuru City, is hereby quashed.

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