Karnataka High Court
Mr Pavan Tikare vs State Of Karnataka on 14 March, 2022
Bench: M.Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.7098 OF 2021
C/W
CRIMINAL PETITION No.8952 OF 2021
In Crl.P.No.7098/2021:
BETWEEN
MR PAVAN TIKARE
S/O. MR. ARUN TIKARE,
AGED ABOUT 31 YEARS
R/AT NO. 402,
CAMBRIDGE CARDEN,
KODIGEHALLI MAIN ROAD,
KR PURAM - 560 036
... PETITIONER
[BY SRI. VACHAN H.U., ADV.]
AND
1. STATE OF KARNATAKA
BY YELAHANKA POLICE STATION
REP BY SPP,
HIGH COURT BUILDING,
BENGLAURU - 560 001
2
2 SMT. HARINI K C
W/O. MR KARTHIK TIKARE,
D/O. CHANDRASHEKAR RAO
NARAYANA RAO KALOSE,
AGED ABOUT 29 YEARS
RESIDING AT NO.2,
2nd CROSS,
SURABHI LAYOUT,
YELAHANKA,
BANGALORE - 560 064
... RESPONDENTS
[BY SRI. SHANKAR H.S., HCGP FOR R1;
SRI. R.KRISHNAMURTHY, ADV. FOR R2]
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS
IN C.C.NO.6416/2020 IN THE COMPLAINT FILED BY THE
RESPONDENT NO.2 BEFORE THE COURT OF THE XXX
ACMM, BANGALORE (ANNEXURE-C).
In Crl.P.No.8952/2021:
BETWEEN
MR KARTHIK TIKARE
S/O MR ARUN TIKARE
AGED ABOUT 32 YEARS
RESIDING AT
REDDY BUILDING
8TH CROSS KODIGEHALLI
K R PURAM, BENGALURU - 560 036
... PETITIONER
[BY SRI. RAJESH P., ADV.]
3
AND
1. STATE OF KARNATAKA
REPRESENTED BY SPP
HIGH COURT BUILDING
BANGALORE - 560 001
THE POLICE OF YELAHANKA SUB DIVISIONI
YELAHANKA P. S.,
BENGALURU - 560 064
2. SMT HARINI K C
W/O MR. KARTHIK THIKARE
NO.2, 2ND CROSS
2ND MAIN, SURABHI LAYOUT
YELAHANKA
BANGALORE - 560 064
D/O CHANDRASHEKAR RAO NARAYANA RAO
KALOSE
AGED ABOUT 29 YEARS
RESIDING AT NO.826
GANGAMMA TEMPLE STREET
YELAHANKA
BENGALURU - 560 064
... RESPONDENTS
[BY SRI. SHANKAR H.S., HCGP FOR R1;
SRI. R.KRISHNAMURTHY, ADV. FOR R2]
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS
IN C.C.NO.6416/2020 IN THE COMPLAINT FILED BY THE
RESPONDENT NO.2 BEFORE THE COURT OF THE XXX
ACMM, BANGALORE (ANNEXURE-C).
THESE CRIMINAL PETITIONS COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
4
ORDER
The petitions are filed calling in question the
proceedings in C.C.No.6416/2020, registered for offence
punishable under Section 498A and 506 read with
Section 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act, 1961.
2. During the pendency of these proceedings,
the parties to the lis, the husband and wife had entered
into a compromise and have filed a joint memo of
compromise.
3. The joint memo reads as follows:
"JOINT MEMO FILED BY THE PARTIES
At the intervention of this Hon'ble Court
during the Mega Lok Adalat held on 30-9-
2021, the parties hereto have come to the
following settlement with regard to all the
disputes pending between them.
1. The appellant and respondent
No.1 have agreed to get separated
on the following terms and
conditions.
2. The respondents herein has
agreed to pay a sum of
Rs.13,00,000 (Rupees thirteen
lakhs only) to the appellant and
the minor daughter of the
appellant and respondent No.1
Baby Mithali K.H. towards full
and final settlement of all the
disputes pending between the
parties hereto. Accordingly, the
respondents have deposited the
said amount of Rs.13,00,000 in
this Hon'ble Court vide Demand
Draft bearing No. 090761 dated
21-10-2021 drawn on Union
Bank, Sirsi for Rs.13,00,000.
3. The appellant agrees to receive
the said amount of Rs.13,00,000
towards full and final settlement
of all her and appellant's and
Respondent No.1's daughter
Mithali K.H. claims in all the
disputes pending between the
appellant and the respondents.
4. The appellant and the respondent
No.1 shall appear before the IV
Additional Principal Family Court,
Bengaluru in M.C.No.2483/2020
and shall submit to the Court that
they have agreed to get separated
on the lines envisaged in this joint
Memo and pray the Court to pass
judgment and decree of divorse,
dissolving the marriage between
them which was solemnized on 2-
11-2014 at Chowdeshwari
Kalyana Mantapa, Yelahanka,
Bengaluru.
5. The respondents state that they
have filed criminal petition before
the Hon'ble High Court of
Karnataka under section 482 of
the Criminal Procedure Code in
Criminal Petition No.7098/2021
for quashing Criminal Case
No.6416/2020 which is pending
before the 30th Additional Chief
Metropolitan Magistrate,
Bengaluru (which has been
instituted by the State based on
F.I.R. No.212/2019 on the
complaint made by the Appellant)
against these respondents. The
parties hereto shall appear before
the Hon'ble Court, shall submit to
the Court that they have agreed to
get separated on the lines
envisaged in this Joint Memo and
pray the Hon'ble Court to quash
the said Criminal Case
No.6416/2020 pending against
these respondents.
6. Thereafter, the amount of
Rs.13,00,000 deposited by the
respondents in this Court shall be
released to the appellant in the
following manner and subject to
the following conditions:
i. Rs.5,00,000 will be released by
this Hon'ble Court in favour of the
appellant which shall be towards
one time settlement of permanent
alimony and the appellant agrees
that she has no other claim
whatsoever past, present or
future;
ii. Rs.8,00,000 shall be released by
this Hon'ble Court in favour of the
appellant which shall be
deposited by the appellant in the
name of the minor child of the
appellant and respondent No.1
Baby Mithali K.H, in P.P.F.
Account in any Nationalized Bank
or in Post Office which shall have
a lock in period of 15 years from
the date of deposit OR in Sukanya
Samruddhi Yojana in any
Nationalized Bank or in Post
Office which shall have a lock in
period till the child completes the
age of 18 years. After maturity,
the child shall be entitled interest
and shall be entitled to utilize the
same in any manner she likes;
iii. The appellant agrees not to
withdraw accumulated interest
from the said Fixed Deposits kept
in the name of the Child Mithali
K.H. and only the child shall be
entitled to use the matured
amount including the accured
interest from the said fixed
deposits.
iv. The appellant shall file copies of
the above Fixed Deposit receipt in
this Hon'ble Court within 15 days
from the date of release of the
above amounts.
7. Other than the above, the
respondents shall not be liable to
pay any amount or
immovable/movable assets or any
other claims/give anything to the
appellant and to the daughter by
name Mithali K.H of the appellant
and Respondent No.1. Similarly,
the appellant is also not liable to
pay any amount or give anything
to the respondents or to any of
them. In other words, there shall
be no more claims by any of the
parties over the other party,
whether past, present or future.
8. Both the parties agree to
withdraw all the allegations made
against each other and shall also
withdraw any other cases filed
against each other.
9. Both the parties agree not to
initiate any other proceedings
against each other in future in
connection with the above matter.
10. The above Criminal Appeal may
be disposed of on the above
terms. "
In the light of the settlement arrived at between
the parties, the proceedings are required to be
obliterated.
4. For the aforesaid reasons, both the criminal
petitions are allowed. The proceedings in
C.C.No.6416/2020 before the XXX Additional Chief
Metropolitan Magistrate, stands quashed, qua the
petitioners.
Sd/-
JUDGE
KG
