K. Ramu and Others vs State of Karnataka and Others

N. Ananda, J.—The first petitioner (husband/accused No. 1) and his parents and sister (accused No. 2, 3 and 5) and second respondent (wife) are present before this court. They have filed a joint memo reading as hereunder:

"The petitioners and respondent No. 2 above named submit as follows:

The petitioners have filed the above petition for quashing of the proceedings in respect of Crime No. 51/2014 which is registered by the 1st respondent police for alleged offence punishable U/S 498(a), 506 of I.P.C. and Section 3 and 4 of D.P. Act, and till today no charge sheet has been filed against the petitioners by the 1st respondent police.

At the instance of well wishers and relatives of families of petitioners and respondent No. 2, the parties have agreed to settle their dispute amicably on the following terms and conditions.

The petitioner No. 1 is the husband of respondent No. 2. The petitioner Nos. 2 and 3 are the mother and father of the 1st petitioner and 4th petitioner is the sister of 1st petitioner. subsequent to the registering of the above case respondent No. 2 has filed a petition for divorce against the petitioner No. 1 before the 3rd Additional Principal Family Judge Court, Bangalore, in M.C. No. 3531/2014. Wherein, 1st petitioner and respondent No. 2 arrived to the conclusion, to dissolve their marriage by way of divorce. Accordingly a settlement has been arrived between them before the mediation centre and same was accepted by the learned Family Judge, Bangalore City. In terms of the said compromise, 1st Petitioner has agreed to pay a sum of Rs. 10,50,000/- to respondent No. 2 as permanent alimony in full and final settlement of all her claims. Out of the said amount 1st petitioner has already paid a sum of Rs. 5,00,000/- to the respondent No. 2, before the Hon''ble Family Judge Court, Bangalore, in M.C. No. 3531/2014 and the remaining balance amount of Rs. 5,50,000/- is paid by 1st petitioner to the respondent No. 2 before this Hon''ble Court, on this day, by way of two Demand Drafts, (a) D.D. bearing No. 531896 dated 21.01.2015 for Rs. 5,00,000/- drawn on Punjab National Bank, Rajajinagar, Bangalore, in favour of the Respondent No. 2 and (b) D.D. bearing No. 294693 dated 23.02.2015, for Rs. 50,000/- drawn on Kotak Mahindra Bank, Malleswaram, Bangalore, in favour of Respondent No. 2, which respondent No. 2 has this day received and acknowledged the receipt of the same before this Hon''ble Court. Further, respondent No. 2 has this day handed over the gold chain to the 1st petitioner as agreed by her in M.C. No. 3531/2014 in the aforesaid mediation Agreement.

It is submitted that, there is a pre condition in the Mediation Agreement that respondent No. 2 shall withdraw the criminal case filed by her in Crime No. 51/2014 on the file of 1st respondent police. In view of the same respondent No. 2 has no objection to quash the F.I.R and all the proceedings initiated on the basis of the aforesaid Crime No. 51/2014 against the petitioners herein.

The respondent No. 2 hereby withdrawn all the allegations made against the petitioners in the aforesaid complaint lodged by her in Crime No. 51/2014.

Wherefore, the petitioners and respondent No. 2 pray that this Hon''ble Court be pleased to dispose the above petition in view of the joint petition and quash the FIR registered in Crime No. 51/2014 and all other proceedings initiated on the basis of the said crime, in the interest of justice and equity.

The second respondent submits that she has received a sum of Rs. 10,50,000/- (Rupees Ten Lakh Fifty thousand only) from her husband (first petitioner) in the form of Demand Draft towards full and final settlement of permanent alimony. The marriage between the parties has been dissolved by a decree of divorce.

In view of the settlement of matrimonial disputes, continuation of proceedings before the court below pending trial for offences punishable under Sections 498-A and 506 IPC and offences punishable under Sections 3 and 4 of the Dowry Prohibition Act will not serve any purpose. On the other hand, continuation of impugned proceedings may revive the disputes which the parties have settled by now.

Therefore, the petition is accepted. The impugned proceedings are quashed.