Sri. C. Umashankar Vs State of Karnataka

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.51607/2013 PENDING ON THE FILE OF THE HON'BLE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE MAYO HALL AT BENGALURU FOR THE OFFENE P/U/S.498-A AND 34 OF IPC AND SEC.3 AND 4 OF THE DOWRY PROHIBITION ACT.

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THIS PETITION, COMING ON FOR TO REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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The petitioner/accused and respondent

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No.2/complainant as well as their respective learned counsel are present.

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This petition is filed by the accused under

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Section 482 of Cr.P.C, to quash the entire charge sheet in C.C.No.51607/2013, on the file of X Additional Chief

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NC: 2025:KHC:34438 CRL.P No. 4583 of 2019

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HC-KAR

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Metropolitan Magistrate, Mayo hall at Bengaluru, for the offences punishable 498A & 34 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act.

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A memorandum of settlement is filed in

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M.C No.4867/2016 before the Family Court under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 by the petitioner/accused and respondent No.2/complainant. A copy of memorandum of settlement filed in M.C.No.4867/2016 is also produced at Annexure-D, as per condition No.6 of the said settlement. Respondent No.2 has under taken to withdraw the criminal case filed against the petitioner/accused.

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The terms and conditions of settlement arrived at between the parties reads as under:

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"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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I. The Petitioner has filed this petition against the Respondent Under Section 13(1) (i-a) (i-b) of the Hindu

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NC: 2025:KHC:34438 CRL.P No. 4583 of 2019

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HC-KAR

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Marriage Act 1955 for dissolution of her marriage with the respondent.

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II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, they 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. Their marriage was solemnized on 06.04.2003 at Vyshya Hotel Marriage Hall, No.65, Ibrahim Street Shivajinagar, Bengaluru, as per HIndu rites and customs. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce.

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3. Both the parties state that they have a son by name U.Shreyas, aged about 15 years, presently under the care and custody of the respondent/mother and continue to be so in future for which the petitioner/father has no objection for the same. 4. The petitioner is at liberty to visit the child once in a month with prior intimation to the respondent. 5. The petitioner has agreed to pay a sum of RS.13,00,000/-(Rupees Thirteen Lakh only), out of which Rs.8,00,000/- to the child U Shyreyas towards education

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NC: 2025:KHC:34438 CRL.P No. 4583 of 2019

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HC-KAR

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and maintenance by way of demand draft bearing No.721389 dated 21.02.2019 drawn on State Bank of India, Krishnarajapuram Branch, Bengaluru and Rs.5,00,000/- to the respondent as full and final settlement towards all her claims of maintenance / permanent alimony by way of demand draft 721372 dated 19.02.2019 drawn on state Bank of India, Krishnarajapuram Branch. Both the demand draft drawn in the favour of the respondent the same will be handed over to the respondent by the petitioner before the Hon'ble Court a the time of reporting settlement.

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6. In view of the above settlement arrived between the parties, the respondent has agreed to cooperate with the petitioner for the closure of the criminal case filed against the petitioner punishable under Section 498-A of IPC which is pending on the file of 10^th ACMM, Mayohall,

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Bengaluru in

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C.C NO.51607/2013 and also the respondent has agreed to withdraw the Crl Misc No.135/2016 seeking for recovery of maintenance which s pending on the file of VI MMIC, Bengaluru.

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7. The respondent state that she has filed a case against the petitioner in Crl.Misc. No.31/2012 which is disposed off on 13.11.2014 before the 10^th ACMM, Mayohal, bengaluru.

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8. The petitioner and respondent state and that they have already exchanged the articles and as such there are no dues of any sort against each other.

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9. The parties also hereby state and agree that they do not have any claims over the movable or immovable

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NC: 2025:KHC:34438 CRL.P No. 4583 of 2019

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HC-KAR

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assets belonging to each other, either existing or to be acquired in future.

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10. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each other either present either present past or future.

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11. Both the parties without referring to the allegations mentioned in the petition either orally or expressly have arrived at the settlement on their own will and wish.

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12. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or any thing.

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13. Both the parties admit that they shall not interfere in each other's lives for any reason of whatsoever from this day.

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III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to dissolve the marriage solemnized on 06.04.2003 at Vyshya Hotel Marriage Hall, No.65, Ibrahim Street Shivajinagar, Bengaluru, by granting a decree of divorce in terms of the agreement.

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IV. Parties will appear on 07/03/2019 before the Court for passing of orders in terms of the agreement".

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Respondent No.2/complainant admits the

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compromise and submits that she has no objection to allow the petition. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following:

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HC-KAR

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ORDER

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(i) The petition filed by petitioner/accused under Section 482 Cr.P.C, is allowed. (ii) The entire charge sheet in C.C.No.51607/2013 (arising out of crime No.121/2012 of K R Puram PS) on the file of X Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, is hereby quashed.

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(iii) The Registry is directed to send copy of this order to the trial Court forthwith.

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Sd/(J.M.KHAZI) JUDGE

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KBM

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List No.: 1 Sl No.: 21

Sri. C. Umashankar v. State of Karnataka

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Sri. C. Umashankar v. State of Karnataka

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