Smt S M Swathi vs State (By Sanjaynagar Police
2022 Latest Caselaw 983 Kant

                             1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 21ST DAY OF JANUARY, 2022

                          BEFORE

          THE HON'BLE MR.JUSTICE G.NARENDAR

            CRIMINAL PETITION NO.5647/2015

BETWEEN

1.   SMT. S.M.SWATHI,
     W/O SRI SHARATH GOGI,
     AGED ABOUT 27 YEARS,

2.   B.MAHADEVAPPA
     S/O LATE BYRAPPA,
     AGED ABOUT 59 YEARS

3.   SMT. K.B.PUSHPA,
     W/O SRI. B.MAHADEVAPPA,
     AGED 58 YEARS,

4.   S.M.NAGANANDA,
     S/O B.MAHADEVAPPA,
     AGED 25 YEARS,

SL.NO.1 TO 4 ARE RESIDING AT
NO.572, I MAIN,
3RD STAGE,
VINOBHANAGAR,
SHIMOGA TOWN,
SHIMOGA TALUK AND
DISTRICT-577201.
                                          ...PETITIONERS

(BY SRI SATEESH CHANDRA K.V, ADV.)
                                  2


AND

1.    STATE (BY SANJAYNAGAR
      POLICE - REPRESENTED BY
      STATE PUBLIC PROSECUTOR
      HIGH COURT BUILDING,
      BANGALORE-560001.

2.    SHARATH S GOGI,
      S/O SUBHASH GOGI,
      AGED ABOUT 37 YEARS,
      NO.45, 8TH CROSS,
      2ND BLOCK,
      RMV 2ND STAGE,
      BANGALORE-560094.
                                                ...RESPONDENTS

(BY SMT. RASHMI JADHAV, HCGP FOR R1,
 SRI UDAYA HOLLA, SENIOR COUNSEL FOR
 SRI RAJENDRA M.S AND
 SRI VIVEK HOLLA, ADV. FOR R2.)


      THIS CRIMINAL PETITION IS FILED UNDER U/S.482 CR.P.C
PRAYING    TO   QUASH      THE       ENTIRE   PROCEEDINGS   IN
C.C.NO.26238/2014 PENDING ON THE FILE OF I A.C.M.M.,
BENGALURU            FOR               OFFENCES          P/U/S
420,419,120(B),448,323,504,506,354,182,143 R/W 149 OF IPC
AND SEC.66(A) OF INFORMATION TECHNOLOGY ACT.


      THIS CRIMINAL PETITION COMING ON FOR 'ORDERS',
THIS DAY, THE COURT MADE THE FOLLOWING:
                                 3


                             ORDER

Heard the learned counsel for the petitioners and the

learned Senior counsel on behalf of the second respondent and

learned HCGP.

2. The first petitioner is the wife and the petitioners 2, 3

and 4 are her parents and sibling. The proceedings arise out of a

complaint lodged by the second respondent with the first

respondent police station pursuant to which an FIR came to be

registered for the offences punishable under Sections 323, 448

and 504 read with Section 34 of the IPC.

3. The first petitioner and the second respondent are

husband and wife and several complaints and counter complaints

have been lodged by the parties and all the complaints arise out

of and consequential to the matrimonial discord between the first

petitioner and the second respondent. The fact remains that the

second respondent is a practicing advocate and the complainant

who was an engineer by profession has now progressed to

acquire herself a degree in law and has also started practice.

The parties have been at loggerheads for several years and in

fact this Court has interacted with the parties on several

occasions. Now the parties on the intervention of well wishers

and keeping in mind their future and the future of their daughter,

have resolved to amicably settle the dispute.

4. It is pertinent to note that the second respondent

had initiated proceedings before the family Court and by a

judgment and order of divorce the family Court has also been

pleased to dissolve the marriage and the same has been called in

question and is pending before this Court in MFA Nos.5519/2016

and 5645/2016. It is further pertinent to note that the second

respondent after the formal decree of divorce dissolving the

marriage has also entered into wedlock and out of the said

marriage the second respondent has a child. In the light of the

law laid down by the Apex Court in the case of Gian Singh vs.

State of Punjab and another reported in (2012) 10 SCC 303

the parties are at liberty to amicably resolve issues involving and

arising out of marital discord. In that view of the matter and in

view of the fact that no heinous crime has been committed nor is

any of the offences alleged to have been committed in a

gruesome manner the attempt to amicably resolve the criminal

proceedings is taken up by this Court. The offences alleged are

not punishable with imprisonment with life or with capital

punishment. In that view of the matter, the memorandum of

compromise is taken on record. The same reads as under:

"JOINT MEMORANDUM OF COMPROMISE

1. The Petitioner No. 1 and the Respondent No. 2 were married according to Hindu rites and customs at Shivamoga on 29.03.2012. From the said marriage, the petitioner No.1 and the second respondent have got a daughter by name Kum. Shreya S. Gogi, who is in the custody of the petitioner No.1 since birth. Due to differences between the Petitioner No. 1 and Respondent No. 2 various proceedings have been initiated between the parties.

2. With the intervention of well-wishers and family, the parties hereto have amicably settled their disputes and all the differences between them in following manner:

a. The parties shall withdraw all the allegations made against each other in various proceedings, complaints, letters and cases.

b. It is mutually agreed that the second respondent herein shall pay an amount of Rs.20,00,000/(Rupees Twenty Lakhs Only) towards the petitioner No. 1 as permanent alimony towards full and final settlement of all claims whatsoever including past, present and future including

towards maintenance, medical expenses and towards all such other claims, etc., of the petitioner No. 1 against the respondent No. 2. The said amount shall be paid byway of Demand Draft.

c. It is mutually agreed that the second respondent shall pay an amount of Rs.10,00,000/(Rupees Ten Lakhs Only) to his daughter by name Kum. Shreya S.Gogi, the second petitioner in Criminal Miscellaneous No. 259/2013 on the file of Hon'ble Prl. Family Court, Shivmogga, towards full and final settlement of all claims whatsoever including past, present and future including towards maintenance, education, medical expenses, marriage expenses and all such other expenses and claims, etc. The said amount shall be paid by way of Demand Draft as per terms agreed hereunder. The said amount shall be deposited in Fixed Deposit/s in the name of Kum. Shreya S. Gogi, till she attains majority and the interest accrued on the said amount can be withdrawn by the petitioner No. 1 herein for the maintenance and welfare of the child, on monthly or quarterly or yearly basis. The copies of fixed deposit receipts to be produced by the first petitioner before the Principal Family court at Shivamoga.

d. The amount agreed herein above shall be paid by the respondent No. 2 within an outer limit of 6

months from today and till such payment is paid in full, the second respondent shall continue to pay the monthly maintenance amount of Rs.10,000/- altogether to the first petitioner and minor daughter Kum. Shreya S. Gogi.

e. It is agreed between the parties that the Petitioner No. 1 (mother) shall have sole and permanent custody of the minor child Kum. Shreya S. Gogi. It is further agreed that Petitioner No. 1 shall be the sole decision maker for the welfare/ upbringing of the minor child. The second respondent has no objections for the Petitioner No.1 (mother) being declared / appointed as the sole legal guardian of the minor child Kum. Shreya S. Gogi. Further, in view of payment of the amounts stipulated in the foregoing paragraphs the Petitioner No.1 (mother) shall take care of the minor child and she would be solely responsible for the upbringing, financial, medical, marriage and educational needs and such other expenses of the Kum. Shreya S. Gogi. It is agreed between the parties that in light of the foregoing, the second respondent shall not have any right of visitation, custody or otherwise in respect of Kum. Shreya S. Gogi and the first petitioner shall not in any manner seek visitation rights for the second respondent towards Kum. Shreya S. Gogi. The parties further agree that the second respondent shall also not in any manner

seek visitation rights of the child Kum. Shreya S. Gogi.

f. It is agreed between the parties that the Petitioner.No.1 (mother) shall have sole and permanent custody of their minor daughter Kum. Shreya S. Gogi. It is further agreed that Petitioner.No.1 shall be the sole decision maker for the welfare/education/upbringing of the minor child and also the sole signatory before any statutory / educational / government /court / institution/ college authority/ passport/ visa authority/bank/financial institution etc., and the Respondent.No.2 will not interfere or dispute for the Petitioner.No.1 (mother) being declared / appointed as the sole legal guardian of their minor daughter Kum. Shreya S. Gogi.

g. The parties agree that any jewellery or gold or silver items which are in their respective custody as on date, shall be their own and each of them will have no claim whatsoever in respect there of. Accordingly, both the parties have no claims against each other in respect of any jewelleries and gold and other items and belongings.

h. It is submitted that the first petitioner and the Second respondent by this mutual agreement have undertaken that they shall not proceed against

each other and also filed in their name or otherwise in any case/s whatsoever civil/criminal and any/all disputes stand settled. It is further agreed that other than as provided in this joint memorandum of compromise there shall be no claims/allegations of any sort including past, present and future maintenance, permanent alimony, medical expenses, and any other expenses and claims etc., against each other and by Kum. Shreya S. Gogi against second respondent and no allegations against each other or the family members of each other and the parties hereto shall not act in a manner as to harm the reputation and image of the other in the society at large and shall abide by the terms and conditions agreed herein. Further, parties to this petition hereinafter shall not institute any proceeding/ cases or claims in any court of law or before any authorities against each other.

i. The following are the cases pending between the parties and their family members:

List of Proceedings filed by the first petitioner

i. Crl. Misc. 259/2013 on the file of Family Court, Shivamoga.

ii. Crl. Misc.46/2014 on the file of the Family Court, Shivamoga.

iii. O.S. 09/2017, on the file of the Family Court, Shivamoga,

iv. G &WC. 07/2017, on the file of the Family Court, Shivamoga.

v. Misc. No. 6/2018, on the file of the Family Court, Shivamoga.

vi. C.C. No. 370/17 on the file of Prl. Civil Judge, and CJM, Shivamoga.

vii. Crl. Revision Petition No. 39/2018, on the file of II Addl. District and Sessions Judge, Shivamoga filed against the family members of the respondent.

viii. W.P. No. 47047/2017 on the file of Hon'ble High Court of Karnataka, Bengaluru filed by Kum. Shreya S. Gogi Rep. By Petitioner No.1.

ix. MFA No. 5645/2016 on the file of Hon'ble High Court of Karnataka, Bengaluru.

List of Proceedings filed by the second respondent

i. C.C. No. 26238/2014 on the file of VIII ACMM Bengaluru.

ii. C.C. No.25328/2018 on the file of 1st ACMM Bengaluru.

iii. W.P. No. 23385/2017 on the file of Hon'ble High Court of Karnataka, Bengaluru.

iv. W.P. No. 9975/2019 on the file of Hon'ble High Court of Karnataka, Bengaluru.

v. Crl. Petition No. 1625/2018 on the file of Hon'ble High Court of Karnataka, Bengaluru.

vi. MFA No. 5519/2016 on the file of Hon'ble High Court of Karnataka, Bengaluru.

vii. O.S. No. 9316/2013 on the file of City Civil Judge, Bengaluru.

viii. PCR. No. 1896/2014 on the file of 8th ACMM, Bengaluru.

ix. PCR No.7806/2018 / Crime No.1846/2018 on the file of ACMM, Bangalore.

x. W.P. No. 19485/2021 on the file of this Hon'ble Court.

j. The parties hereto have agreed to co-operate with each other before the respective courts for closing the above cases or quashing of proceedings by allowing criminal petitions in terms of this joint memorandum of compromise and shall also file necessary memo, affidavits and applications reporting settlement in above terms for closure / withdrawal of the aforesaid cases / proceedings. The proceedings and allegations in G&WC No. 07/2017, on the file of the Family Court, Shivamoga, Crl. Misc. 259/2013 on the file of Family Court, Shivamoga, Misc. No. 6/2018 on the file of the Family Court, Shivamoga and Crl. Misc.46/2014 on the file of the Family Court, Shivamoga, filed in the name of Kum. Shreya S. Gogi shall also be closed/withdrawn by the Petitioner No.1 in its entirety.

k. The parties have agreed that they shall not interfere with each other in their personal life,

social life or in any other manner whatsoever. Neither party shall send mails, emails, text messages to the other party or their family members and cause to act in a manner as to harm the reputation and image of the other party or their family members in the society at large under any circumstances.

l. The Parties hereto have agreed to report this compromise / settlement in MFA No. 5519/2016 and MFA No.5645/2016 before the Hon'ble High Court, seeking to confirm that the marriage stands dissolved on and from 08.07.2016 as per the judgment and decree dated 08.07.2016 in MC. No. 103/2014 passed by the Family Court, Shivamoga (earlier M.C. No. 1763/2013,on the file of the Hon'ble Family Court, Bengaluru which was transferred and renumber at Hon'ble Family Court, Shivamoga) and both parties shall withdraw all the allegations made therein.

m. The Petitioner No.1 shall not be held liable by and / or before any statutory / Educational / Government /Court/ Institution / College/ Authority/ Passport / Visa authority / Bank / Financial institution etc., for giving declarations as legally wedded wife of Respondent No. 2 prior to the date of this settlement .

n. Further both parties shall consent for the expunging/stand removed of all the observations findings and opinion in respect of any parties made in judgment in MC. No. 103/2014 passed by the Family Court, Shivamoga and all other proceedings between parties.

o. In view of the payments made under this joint memorandum of compromise the award of permanent alimony to the first petitioner under the judgement and decree dated 8.7.2016 would stand modified in terms of this settlement in view of above payments of Rs.20,00,000/(Rupees Twenty Lakhs Only) of first petitioner herein, and the amount of Rs. 5,00,000/(Rupees Five Lakhs Only) already deposited by the second respondent herein before the Hon'ble High Court in MFA No. 5519/2016, and interest accrued thereon shall be released (refunded) to the second respondent herein and the first petitioner shall have no objection for the release of the said amount with accrued interest in favour of the second respondent herein in view of amount received in the foregoing paragraphs.

p. There shall not be any future claims of maintenance & such other claims whatsoever amongst Petitioner No.1, Respondent No. 2 and their minor daughter Kum. Shreya S. Gogi.

q. The parties have agreed that they and their family members shall not attempt to visit, communicate in any manner with each other and interfere in each other's personal, professional and social lives or in any other manner whatsoever and no harm to be cause by either party to the reputation of the other.

r. It is mutually agreed between the parties that there shall not be any future legal proceedings or claims between the parties including questioning the legal status of parties and incidents held prior to this settlement by Petitioner No.1 and Respondent No. 2 herein and their respective family members against each other before any forum. Neither Party shall file any proceedings nor have any claims against each other in respect of any matters or facts as on date.

s. It is agreed between the parties that, from the date of this settlement, the petitioner No.1 shall not hold herself out before any aforementioned authorities as a legally wedded wife of respondent No.2. The second respondent has not claimed himself as the legally wedded husband of the Petitioner No.1 since the date of decree of divorce dated 08.07.2016 passed in MC.No.103/2014 before any authorities and he would not so hold himself in future.

t. Any declaration/s made/given by Petitioner No.1 before any authorities as to the minor daughter Kum. Shreya S. Gogi will not bind the second respondent.

u. The parties hereto agree and confirm that the settlement recorded herein shall be binding on the parties and neither party shall resile therefrom.

v. The parties hereto agree and acknowledge that neither party has been coerced or forced into signing this joint memorandum of compromise and have done so with their free will and consent.

WHEREFORE, the parties hereto pray that the present compromise may be taken on record and this Hon'ble Court may be pleased to pass necessary orders in terms hereof, in the interests of justice.

          Sd/-                              Sd/-
  PETITIONER NO.1                     RESPONDENT No.2


      Sd/-                              Sd/-
 ADVOCATE FOR                      ADVOCATE FOR
PETITIONER NO.1                   RESPONDENT NO.2


                     VERIFICATION

We, Swathi S.M, the petitioner No. 1 herein, Sharath S. Gogi, the second respondent herein, confirm that what is stated above is true and

correct to the best of our knowledge, information and belief and the signatures appended above are our true signatures.

                    Sd/-                     Sd/-
              PETITIONER No. 1          RESPONDENT No.2"

5. In view of the settlement arrived between the parties

the petition is allowed. The proceedings in CC No.26238/2014

pending on the file of learned I A.C.M.M., Bengaluru, stands

quashed. In respect of the other criminal cases/proceedings the

parties shall expedite efforts to give a closure to the same. If

the parties approach the respective Courts for similar reliefs the

jurisdictional trial Courts shall expedite the same.

6. It is made clear that neither of the parties shall avoid

the terms of the compromise and shall strictly abide by the

same. It is hoped that the compromise entered would enable

the parties to lead their lives independently without there being

any cause for concern to one another.

Petition stands ordered accordingly.

Sd/-

JUDGE ykl CT-HR