Pavan B Vs the State of Karnataka

THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 17319/2022 FOR AN OFFENCES P/U/S 498(A) 504 AND 506 R/W 34 OF IPC REGISTERED BY BYADARAHALLI P.S, BENGALURU RURAL DISTRICT AT BENGALURU PENDING ON THE FILE OF LEARNED CJM COURT BENGALURU RURAL, BENGALURU.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks the following relief:

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" i. quash the entire Proceedings in CC No.17319/2022 for an offences punishable under Sections 498(A) 504 and 506 R/w Section 34 of Indian Penal Code registered by Byadarahalli P.S, Bengaluru Rural District at Bengaluru pending on the file of Learned CJM Court, Bengaluru Rural, Bengaluru that, for the reasons stated above in the ends of justice."

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Heard learned counsel for the parties and perused the

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material on record. For the order proposed, notice to respondent No.2 is dispensed with.

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A perusal of the material on record indicates that the petitioner is the husband of respondent No.2 who lodged the

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impugned complaint which is pending in C.C.No.17319/2022 against the petitioner/accused No.1 for the offences punishable under Sections 498-A, 504, 506 and 34 of IPC. The dispute between the petitioner and respondent No.2 culminated in the memorandum of settlement in M.C.No.1421/2024, before the Family Court in which the parties have agreed to co-operate for closing/quashing of the present proceedings.

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The clause-8 of the memorandum of settlement dated 11.09.2024 reads as under:

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"8. Both parties agree to co-operate for closing/quashing of C.C No.17319/2022 pending before CJM., Bengaluru Rural District, Bengaluru."

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It is also pertinent to note that while arraigning the petitioner as accused No.1, the petitioner's mother and brother are arraigned as accused Nos.2 and 3 respectively and this Court in Crl.P.No.3626/2022 quashed the said proceedings by taking into account the settlement arrived between the petitioner and respondent No.2.

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The said order passed by this Court in Crl.P.No.3626/2022 dated 22.01.2025 reads as under:

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"Learned counsel for the petitioners has filed a memo producing certified copies of the Mediation Report and the decree passed in MC No.1421/2024 along with the order sheet to contend that the dispute between the parties is amicably settled before the Family Court.

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2. Memorandum of Settlement under Section 89 of Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, reads as under:

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"I. The petitioner has filed this petition under Section 13 1(i-a) & (i-b) of the Hindu Marriage Act, for dissolution of marriage.

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II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the petitioner and the respondent along with their respective counsel were present, without reference to the allegations made, the parties have resolved their dispute and have agreed to the following terms and conditions:

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1. The Petitioner and the Respondent are Hindus by religion and their marriage was solemnized on 05.03.2021 at Yadiyuru Sri. Gangadhareshwara Kalyana Mantapa, Yediyuru Temple street, Yediyuru, Kunigal Taluk, Tumkur District as per Hindu rites and customs. Both the parties are residing at Bengaluru within the jurisdiction of this Hon'ble court.

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2. Due to irreconcilable differences and incompatibility of temperaments, the petitioner and the respondent have been living separately since December 2021. The efforts made by the elders friends

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and well-wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion amongst them. Hence, the parties have decided to get the marriage between themselves dissolved by a decree of divorce.

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3. Both the parties state that they have no children born to them out of the wedlock.

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4. The respondent has agreed to pay an amount of Rs.5,00,000/- (Rupees Five Lakhs Only) to the petitioner by way of demand draft and the same shall be handed over to the petitioner before the Hon'ble Court on the date of reporting settlement. This amount towards permanent alimony/maintenance as full and final settlement past, present and future. The petitioner has no further claims against the respondent towards any movable or immovables.

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5. The-petitioner has agree to hand over the valuables being gold Thalibottu, two gold beads, one gold finger ring, one pair of silver toe rings to the respondent and the respondent has agreed to hand over the valuables being one gold chain and one gold finger ring to the respondent before the Hon'ble Court on the date of reporting settlement.

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6. The Petitioner and the Respondent state that they have no further claims of whatsoever manner either past, present or future against each other.

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7. Both parties agree that necessary memo will be filed in M.C.255/2024 pending on

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the file of 1st Addl.Prl.Judge, Family Court, Bengaluru filed by the respondent against the petitioner for the same relief of divorce.

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8. Both parties agree to co-operate for closing/quashing of C.C.17319/2022 pending before CJM., Bengaluru Rural District, Bengaluru.

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9. Both parties have agreed that they will delete and will not misuse the photographs, videos, chats done during the subsistence of marriage. They undertake not to bad mouth on each other to the 3rd parties and agree that they shall not interfere in the lives of each other in future

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10. The Petitioner and the Respondent further state that there has been no collusion or force, fraud or any undue influence in entering into this agreement in the aforesaid manner.

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III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 05.03.2021at Yadiyuru Sri. Gangadhareshwara Kalyana Mantapa, Yediyuru Temple street, Yediyuru, Kunigal Taluk, Tumkur District by granting a decree of divorce in terms of this agreement.

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IV. Parties will appear on 26.09.2024 before the Hon'ble Court for passing orders in terms of the agreement."

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3. Learned counsel for the petitioners submits that CC No.17319/2022 referred to in the Memorandum of Settlement corresponds with the present case in Crime No.68/2022. As per the decree passed in MC No.1421/2024, the petition is allowed in terms of the settlement/memorandum of agreement entered into between the parties before the Karnataka Mediation Centre, Bengaluru and the marriage of the petitioner and the respondent therein is dissolved by granting of a decree of divorce. The order passed in MC No.1421/2024 also confirms the fact of dissolution of marriage by allowing the petition. As per clause-8 of the Memorandum of Settlement referred to above, the parties have agreed to close/quash CC No.17319/2022 pending before the learned CJM, Bengaluru Rural District, Bengaluru.

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4. In view of the above, I am satisfied that the dispute between the parties is amicably settled. Hence, the parties are permitted to compound the offence. The Criminal Petition filed by the petitioners who are accused Nos.2 and 3 is liable to be allowed. Accordingly, the following:-

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ORDER

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(i) The petition is allowed.

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(ii) The FIR registered in Crime No.68/2022 of Byadarahalli Police Station, Bengaluru Rural district, for the offences punishable under Sections 498A, 504, 506 of Indian Penal Code, on the file of CJM Court, Bengaluru Rural District, is hereby quashed."

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In view of the settlement arrived between the petitioner and respondent No.2 and the order of this Court in Crl.P.No.3626/2022, I am of the view that the impugned proceedings deserves to be quashed.

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In the result, I pass the following:

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ORDER

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i. Criminal petition is allowed.

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ii. The impugned proceedings in C.C.No.17319/2022 for

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the offences punishable under Sections 498-A, 504, 506 read with Section 34 of IPC pending on the file of CJM Court Bengaluru Rural, Bengaluru stands quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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RKA List No.: 1 Sl No.: 50

Pavan B v. the State of Karnataka

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Pavan B v. the State of Karnataka

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