Karnataka High Court
Smt. Radha B.C vs State Of Karnataka on 23 May, 2023
Bench: M.Nagaprasanna
-1-
CRL.P No. 4095 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO.4095 OF 2023
BETWEEN:
SMT.RADHA B.C
W/O.PURUSHOTTAM
AGED ABOUT 32 YEARS
R/AT NO.B-1
VIJAYNAGARA POLICE QTRS.,
VIJAYANAGARA
BENGALURU
... PETITIONER
(BY SRI AKKI MANJUNATH GOWDA K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY VIJAYANAGARA POLICE
BENGALURU
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
Digitally signed HIGH COURT BUILDING
by PADMAVATHI
BK BENGALURU 560 001
Location: HIGH
COURT OF 2. SRI VISHWASH MAYUR
KARNATAKA
S/O.PURUSHOTTAM
AGED ABOUT 20 YEARS
R/AT NO.B-1
VIJAYANAGARA POLICE QTRS..
VIJAYANAGARA
BENGALURU
...RESPONDENTS
(BY SRI MAHESH SHETTY, ADVOCATE FOR R-1;
SRI RAVINDRANATH K., ADVOCATE FOR R-2)
-2-
CRL.P No. 4095 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
CRL.A.NO.835/2018 WHICH IS PENDING BEFORE THE LIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
COMPOUNDING THE OFFENCES INITIATED BY RESPONDENT
NO.1 ON THE COMPLAINT OF RESPONDENT NO.2, WHICH IS
PENDING ON THE FILE OF LIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has sought for the following prayer:
"WHEREFORE, in view of the above said facts and
circumstances it is most respectfully prayed that
this Hon'ble Court be pleased to pass appropriate
orders or directions quashing the criminal
proceedings in Crl.A.835/2018 which is pending
before the 53rd Add.City Civil and Sessions Judge at
Bengaluru, compounding the offences initiated by
the respondent No.1 on the complaint of
Respondent No.2, which is pending on the file of
Learned 53rd Add.City Civil and Sessions Judge at
Bengaluru, in the interest of justice."
2. Learned counsel appearing for petitioner submits that
the parties to the lis have settled the dispute before the
Division Bench of this Court in MFA.No.3777/2020. Recording
the said settlement, the Division Bench has disposed of the
CRL.P No. 4095 of 2023
matter on 11.04.2023. The order of the Division Bench in so far
as its judgment reads as follows:
"2. Learned counsel for the parties jointly
submit that the dispute between the parties has
been amicably resolved. The terms and conditions
of the compromise read as under:
"1. Both the parties state that their marriage was
solemnized on 10.02.2001 at Ganesh Temple,
Madikere, as per Hindu rites and customs.
Subsequently, the said marriage was registered
before the Sub-Registrar, Rajajinagar, Bengaluru
on 22.02.2001 vide registration No.HMA
No.621/2000-01.
2. Both the parties state that they have a son by
name Viswas Mayur, aged about 21 years,
presently residing with the 1st respondent.
3. The 1st respondent has agreed to pay a sum of
Rs.12,50,000/- (Rupees Twelve Lakhs Fifty
Thousand Only) to the petitioner in full and final
settlement of all her claims.
4. The 1st respondent further agrees to file an
affidavit under Section 430 of Cr P C in Crl. A
No.835/2018 pending on the file of the City Civil
Court and Sessions Judge, CCH:53, Bengaluru and
also 1st respondent to cooperate for the dismissal
of said Appeal or in the alternative the 1st
CRL.P No. 4095 of 2023
respondent shall extend all necessary cooperation
to quash the proceedings against this petitioner.
5. The parties shall agree to cooperate for disposal
of closure of the instants in the above case on or
before 31.03.2023 in view of the settlement.
6. The petitioner agrees for the allowing of MFA
No.3777/2020 filed by the 1st respondent pending
on the file of Hon'ble High Court of Karnataka,
Bengaluru challenging order of the family court
dismissing M.C No.3866/2010 seeking decree of
divorce and further agrees for the grant of decree
of divorce dissolving their marriage.
7. The 1st respondent agrees to pay the amount
of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty
Thousand Only) before the Hon'ble High Court of
Karnataka, Bengaluru in MFA No.3777/2020 by way
of demand draft drawn in favour of the petitioner.
The petitioner agrees for the same and the 1st
respondent agrees that in case he fails to pay the
said amount, the petitioner is at liberty to execute
and recover the said amount from the respondent.
8. The 1st respondent agrees to get the MFA
No.3777/2020 disposed off on or before
15.04.2023."
3. In view of the aforesaid compromise
arrived at between the parties, the marriage
performed between the parties on 10.02.2010 is
dissolved by a decree of divorce. The appellant has
CRL.P No. 4095 of 2023
handed over a Demand Draft to respondent for a
sum of Rs.12,50,000/-, (Rupees Twelve Lakhs Fifty
Thousand Only) the receipt of which the respondent
acknowledges."
In the light of the settlement before the Division Bench
which also notices the closure of the present proceedings, I
deem it appropriate to accept the application filed under
Section 320 of Cr.PC and close the proceedings against the
petitioner.
3. For the aforesaid reasons, the following:
ORDER
i. Criminal petition stands disposed of;
ii. The proceedings in Crl.A.No.835/2018 pending
before LIII Additional City Civil and Sessions Judge,
Bengaluru, stand quashed.
Sd/-
JUDGE
LB
