Karnataka High Court
Ningegowda N. Rajanna B N @ Raju vs Smt. Mamatha H.S on 22 June, 2023
Bench: M.Nagaprasanna
-1-
NC: 2023:KHC:21671
CRL.P No. 4828 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4828 OF 2023
BETWEEN:
1. NINGEGOWDA. N. RAJANNA B. N. @ RAJU,
S/O LATE. NINGAPPA,
AGED ABOUT 38 YEARS.
2. SMT. JAYAMMA,
W/O LATE. NINGAPPA,
AGED ABOUT 60 YEARS.
BOTH ARE RESIDING AT
NO. 10, 1ST MAIN,
KUVEMPU LAYOUT,
KANAKADASA ROAD,
BANGALORE - 560 091.
...PETITIONERS
(BY SRI. VISHNUMURTHY, ADVOCATE)
Digitally signed by
PADMAVATHI B K
Location: HIGH AND:
COURT OF
KARNATAKA
1. SMT. MAMATHA H. S.,
W/O NINGE GOWDA. N. RAJANNA B. N. @ RAJU,
AGED ABOUT 28 YEARS.
2. MASTER VIJAYAKUMAR B. R.,
S/O NINGE GOWDA. N. RAJANNA. B. N. @ RAJU,
AGED ABOUT 11 YEARS,
SINCE PEITIONER NO.2 IS MINOR, HE IS
REPRESENTED BY HIS NATURAL GUARDIAN,
MOTHER SMT. MAMATHA. S.
-2-
NC: 2023:KHC:21671
CRL.P No. 4828 of 2023
BOTH ARE RESIDING AT
NO 16, 2ND CROSS,
KALIDASA LAYOUT,
SRINAGAR,
BANGALORE - 560 026.
...RESPONDENTS
(BY SMT. VEENA K. P., ADV. FOR R-1;
R-2 MINOR REPRESENTED BY R-1)
THIS CRL.P IF FILED UNDER SECTION 482 OF CR.P.C
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
CRL.MISC.NO.180/2022 U/S 12, 18, 19, 20, 21 AND 22 OF D.V.
ACT AGAINST THE PETITIONERS PENDING ON THE FILE OF
M.M.T.C.-V COURT, BENGALURU AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners had called in question the proceedings in
Crl.Misc.No.180/2022, registered for offences punishable under
Sections 12, 18, 19, 20, 21 & 22 of the Protection of Women
from Domestic Violence Act, 2005.
2. During the pendency of this petition, the parties to
the lis have arrived at a settlement and have filed such
memorandum of settlement before this Court by way of joint
memo.
NC: 2023:KHC:21671
CRL.P No. 4828 of 2023
3. The joint memo reads as follows:
"JOINT MEMO
The above named petitioner No.1 and
respondent No.1 begs to state as follows:
1. The petitioners humbly submits that they had
filed the above case to quash the entire
proceedings in Crl.Misc.No.180/2022 u/s 12 of
the D.V. Act filed by the respondents against
them which is pending on the file of learned
MMTC-V, Bangalore.
2. The Petitioners humbly submit that the
respondent No.1 had also filed a case in MFA.
No.5702/2020 (MC), against the petitioner
No.1, challenging the judgment and decree
passed by the learned VI Addl Family Judge,
Bangalore, wherein the petitioner No.1 had
granted divorce in M.C.No.2313/17 vide it's
judgment dated 6/1/2020.
3. The Petitioners humbly submit that the
respondent No.1 had also filed a criminal
complaint against the petitioners and another,
which is registered in Cr.No.48/2023 of
Basavanagudi Women's P.S for an offence u/s
506, 498(A), 504 of I.P.C, and section 4 of
D.P. Act which is pending on the file of 37th
ACMM, Bangalore.
NC: 2023:KHC:21671
CRL.P No. 4828 of 2023
4. The petitioner and the respondent further
submits that during the pendency of the
aforesaid cases, both of them had
compromised each other and the matter is
settled between them amicably.
5. The petitioners and the respondents humbly
submits that in view of the aforesaid
settlement between the parties, the petitioner
No.1 is hereby agreed to pay to Respondent
No.1 & 2, an amount of Rs.3,00,000/- as
permanent alimony by way of demand draft
and the Respondent no.1 and on behalf
respondent No.2 (since he is minor) is ready
and hereby agreed to receive the same from
the petitioner No.1 towards their permanent
alimony as a full and final settlement.
6. The Petitioners humbly submit that petitioner
No.1 is hereby agreed to pay the aforesaid
amount of Rs.3 Lakhs (Rupees Three Lakhs
Only) by way of Demand Draft in favour of
Respondent No.1 at the time of disposal of
MFA.No.5702/2020(MC) and the respondent
No.1 is hereby agreed to close the said MFA
case by filing petition u/s 13(B) of H..M. Act in
the said MFA case before this Hon'ble court.
7. The petitioners humbly submit that in view of
the settlement between them the respondent
NC: 2023:KHC:21671
CRL.P No. 4828 of 2023
No.1 is also hereby agreed to assist the
petitioners in closing the aforesaid dowry
complaint registered in Crime No.
Cr.No.48/2023 of Basavanagudi Women's P.S.
for an offence u/s 506, 498(A), 504 of I.P.C,
and section 4 of D.P. Act which is pending on
the file of 37th ACMM, Bangalore by way of
quashing the same before this Hon'ble court.
8. The Petitioners and respondents humbly
submits that it is the full and final settlement
between them and the respondents hereby
agreed that there is no further claim by them
in respect of any movable or immovable
property of the petitioners in future.
9. The Respondents humbly submit that in view
of the aforesaid settlement the respondents
are not having any objection to allow the
above petition and there by quash the entire
proceedings in Crl.Misc.No.180/2022 which is
filed by the respondents against the
petitioners u/s 12 of the DV Act, pending on
the file of the learned MMTC-V, Bangalore.
10. The petitioners and respondents humbly
submits that as per the terms and
compromise entered into between them the
petitioner No.1 is hereby agreed to bear all
the educational expenses of his minor son
NC: 2023:KHC:21671
CRL.P No. 4828 of 2023
namely Master. Vijayakumar who is the
respondent No.2 herein. Hence, this Joint
memo.
11. The petitioners and the respondents humbly
submit that they had entered in to aforesaid
compromise as per their will and wish and
there is no any kind of co-ersion for the same
by anybody.
12. The petitioners and respondents humbly
submits that there is no other cases is
pending against them except the above cases
and if any case is pending without their
knowledge against each other before any
authority or court both of them undertake to
withdraw the same with their own cost and
both parties are at liberty to lead their life
independently without interference from each
other in future.
Wherefore, the above named petitioners
and the respondents humbly prays that this
Hon'ble court may be pleased to allow the
above Criminal Petition and quash the entire
of the D.V.Act which filed by the respondents
against the petitioners u/s 12 of the DV Act,
which is pending on the file of learned MMTC-
V, Bangalore in the interest of justice."
NC: 2023:KHC:21671
CRL.P No. 4828 of 2023
4. Therefore, for the reason that the parties have
entered into a settlement in terms of the joint memo, the
proceedings in Crl.Misc.No.180/2022 pending on the file of
the V Metropolitan Magistrate Traffic Court, Bangalore stand
quashed, qua the petitioners.
The Criminal Petition stands disposed.
Sd/-
JUDGE
KG
CT: ABS
