Karnataka High Court

Muralidhar vs State Represented By on 23 December, 2021

Bench: V Srishananda

                          1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF DECEMBER, 2021

                       BEFORE

      THE HON'BLE MR. JUSTICE V. SRISHANANDA

 CRIMINAL REVISION PETITION NO.479/2012

BETWEEN:

1.     MURALIDHAR,
       AGED ABOUT 31 YEARS,
       S/O SRI.RAMACHANDRAPPA,

2.     RAMACHANDRAPPA,
       AGED ABOUT 66 YEARS,
       S/O SRI.CHINNAPPA @ MUNISWAMY,

3.     SMT.SHAKUNTHALAMMA,
       AGED ABOUT 55 YEARS,
       W/O SRI.RAMACHANDRAPPA,

4.     VENKATESH,
       AGED ABOUT 46 YEARS,
       S/O SRI.RAMACHANDRAPPA,

5.     SMT.RAJAMMA,
       AGED ABOUT 41 YEARS
       W/O SRI.VENKATESH,

       1 TO 5 RESIDING AT
       NALLAGUTTAHALLI,
       BANGARPET TALUK - 563 122.
                                    ... PETITIONERS
(BY SRI.C.PATTABI RAMAN, ADVOCATE FOR
    M/S.PR & PR ASSOCIATES, ADVOCATES)
                             2


AND:

STATE REPRESENTED BY
SUB - INSPECTOR OF POLICE,
KAMASAMUDRAM POLICE STATION,
BANGARAPET TALUK - 563 122.
                                             ...RESPONDENT
(BY SRI.V.S.VINAYAKA, HCGP)

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO
SET ASIDE THE ORDER OF CONFIRMATION DATED
08.03.2012 PASSED BY THE P.O., F.T.C., KGF IN
CRL.A.NO.40/2011 CONFIRMING THE JUDGMENT AND
ORDER DATED 08.08.2011 PASSED BY THE CIVIL JUDGE
(JR.DN.) & JMFC BANGARPET IN C.C.NO.223/2006 FOR
THE OFFENCE P/U/S 498A, 323, 506 R/W 34 OF IPC.

    THIS CRIMINAL REVISION PETITION COMING ON
FOR REPORTING SETTLEMENT THIS DAY, THE COURT
MADE THE FOLLOWING:-

                       ORDER

Learned counsel appearing for the revision

petitioners is present and filed a joint memo. Memo

reads as under:

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

The petitioners filed the above petition under section 13(B) of Hindu Marriage Act with the prayer for Dissolving the marriage dated 27.04.2003 as per Hindu customs at Tavarekere Village, Kethaganahalli Post, Bangarpet Taluk, by a decree of Divorce, for such other relief the petitioners are entitled to from the hands of this Honourable Court.

The aforesaid Petition was referred to mediation for resolving the dispute between the parties, in the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:

Brief of the case:

The petitioner No.1 and 2 are Hindus, their marriage was solemnized as per the Hindu and Customs on 27.04.2003 at Tavarekere village, Kethaganahalli Post, Bangarpet Taluk, as per Hindu rites and customs, and it was an arranged marriage. After the marriage the Petitioner and Respondent lived together till separation and out of legal wedlock the parties have no issues.

During the mediation, both the parties said they lived together, due to difference of opinion, they started living separately for almost fourteen years. Although all attempts were made to patch up their difference they are unsuccessful.

Mediation:

After taking up the matter for mediation with the parties along with their learned counsel, family members, the parties were explained in their known language about benefit of the mediation.

Although all efforts were made for re- union, it could not succeeded as there is lot of difference between the parties and they are not ready to patch up the differences.

Agreement:

a) It is submitted that during the mediation both the parties agreed for the following agreement amicably in the presence of their learned counsel, their family members.

b) It is submitted that the 1st petitioner has come forward to pay a sum of Rs.2,25,000/- (Rupees Two Lakh Twenty Five Thousand Only) to the 2nd Petitioner as permanent alimony, for which the 2nd Petitioner also agreed.

c) It is submitted that, accordingly st the 1 Petitioner has already paid a sum of Rs.1,00,000/- (Rupees One Lakh Only) which was duly acknowledged and the same has been reported before the Honourable Court, further the 1st petitioner has agreed to pay after the marriage the Petitioner and Respondent lived together till separation and out of legal wedlock the parties have no issues.

Mediation:

After taking up the matter for mediation with the parties along with their learned counsel, family members, the parties were explained in their known language about the benefit of the mediation.

Although all efforts were made for re- union, it could not succeeded as there is lot of indifference between the parties and they are not ready to patch up the differences.

Agreement:

a) It is submitted that during the mediation both the parties agreed for the following agreement amicably in the presence of their learned counsel, their family members.

b) It is submitted that the 1st Petitioner has come forward to pay a sum of Rs.2,25,000/- (Rupees Two Lakh Twenty Five Thousand Only) to the 2nd Petitioner as permanent alimony, for which the 2nd Petitioner also agreed.

c) It is submitted that, accordingly st the 1 Petitioner has already paid a sum of Rs.1,00,000/- (Rupees One Lakh Only) which was duly acknowledged and the same has been reported before the Honourable Court, further the 1st Petitioner has agreed to pay remaining 1,25,000/- (Rupees One Lakh Twenty Thousand Only) this day which is agreed by the 2nd Petitioner.

d) It is submitted that the Second Petitioner has agreed to compromise the Criminal Case in C.C.No.223/2006 for offences punishable under Section 498(A), 323, 506 of IPC in which 1st Petitioner and his family members were convicted by the Honourable JMFC at Bangarpet, the appeal is pending before the Honourable High Court of Karnataka at Bangalore in Criminal Revision Petition No.479/2012 filed by the 1st Petitioner and other accused from his family impugning the Judgment passed in C.C.No.223/2006.

e) It is submitted that the 2nd Petitioner has further agreed to withdraw all the recovery proceedings in CMC No.27/2017, CMC No.213/2014 and other proceedings arising out of Main Petition in CMC No.104/2004 filed against the 1st Petitioner before the Honourable Additional JMFC at Bangarpet, reporting settlement of maintenance, past, present and future in view of payment of permanent alimony herein.

F) The Second Petitioner agrees that she will not make any claim over the First Petitioner in future in respect of maintenance, further Second Petitioner agrees that she will not make any claim on properties movable or immovable from the First Petitioner, on the other hand the First Petitioner also agrees that he will not make any claim over the properties of the Second Petitioner in respect of movable or immovable properties and both agree that they will not interfere in the future life of each other.

g) The parties state that there has been no collusion or force, fraud or any undue influence in entering in this settlement.

f) The parties herein admit they shall not interfere in each other's life for any reason of whatsoever in future and they can live to their option.

In view of the aforesaid agreement entered into between the parties, the petitioner No.1 and 2 pray that this Honourable Court be pleased to pass a decree of divorce by consent dissolving the marriage of the petitioner No.1 and 2 dated 27.04.2003 at Tavarekere Village, Kethaganahalli Post, Bangarpet Taluk. "

2. As per the memo, the matter before the

Senior Civil Judge, K.G.F. in M.C. No.7/2018 is

amicably settled by filing a joint memo.

3. In fact, the order dated 28.04.2018 shows

that the parties have been granted decree of divorce

by mutual consent. One of the terms of the joint

memo is that the criminal case is pending between the

parties needs to be brought to the logical end by

consent.

4. Hence, though this Court is in revision

jurisdiction, exercising the power under Section 482 of

Cr.P.C. vested in this Court, the present criminal