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S Ramanathan vs R Supraja on 4 July, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04TH DAY OF JULY, 2019

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No.3897/2015

Between:

1. S.Ramanathan,
Aged about 43 years,
S/o.Sri.P.V.Shankaran,
No.B2, 201, Harshath Park,
Pawar Nagar, Thane,
Mumbai-400 607.

2. Mrs.K.S.Thangam,
Aged about 82 years,
Residing at No.22,
Bala Nagar, Reddy Palayam Road,
Medical College Post,
Thanjavur-613 004.

3. S.Venkateswaran,
No.B2, 201, Harshath Park,
Pawar Nagar, Thane,
Mumbai-400 607.

4. Mrs.Sudha Venkateswaran,
Both petitioners 3 4 residing at
No.B2, 201, Harshath Park,
Pawar Nagar, Thane,
Mumbai-400 607. …Petitioners

(By Smt.Indu.R.Raj, Advocate)
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And:

1. R.Supraja,
D/o.M.K.Ranganath,
No.1515, 19th Cross,
Kumaraswamy Layout,
Bengaluru-560 078.

2. The State of Karnataka by
Ulsoorgate Women’s Police,
Bengaluru.
(cause title amended as per
Court Order dt.16.12.2015)
…Respondents

(Vide order dated 25.11.2015, notice
to R1 is dispensed with;
Sri.Vijayakumar Majage, Addl.SPP for R2)

This Criminal Petition is filed under Section 482 of Cr.P.C.,
praying to quash the criminal proceedings on the file of the VI
A.C.M.M, Bengaluru in C.C.No.1075/2009 initiated on the
complaint filed by the respondent herein.

This Criminal petition coming on for Admission, this day,
the Court made the following:

ORDER

Heard learned counsel for petitioners and learned Addl.

SPP for respondent No.2. In respect of respondent No.1, a

death certificate is produced by the petitioners showing that she

died on 23.10.2015.

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2. At the instance of respondent No.1, a criminal case

was registered against the petitioners herein in Crime

No.35/2008 of Women Police Station, Bangalore for the offences

punishable under Sectionsections 498A, Section506 of IPC and Sectionsections 3 and Section4

of Dowry Prohibition Act. After investigation, charge sheet has

been filed and the matter is seized by the VI Additional Chief

Metropolitan Magistrate, Bangalore in C.C.No.1075/2009.

During the pendency of the said proceedings, matrimonial

proceedings appear to have taken place between the parties and

a settlement was arrived at between the petitioner No.1

(accused No.1) and respondent No.1 (complainant) under

section 89 of Code of Civil Procedure, 1908 read with Rules 24

and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.

A copy of the said settlement is produced at Annexure-‘B’.

Clause No.6 of the said settlement reads as under:-

“6. The petitioner withdraws all the
allegations made against the respondent.
Similarly both the parties have decided to
close the Crl. Appeal No.582/2014 by filing a
copy of this memo and further file a memo not
to press C. misc. No.208/2012. In view of the
above settlement both the parties have agreed
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to file a copy of this settlement in
C.C.No.1075/2009 for closer of the same and
further the respondent agrees and undertakes
to cooperate with the petitioner in getting the
said case closed. As the parties have decided
to live together along with the children the
question of their custody and/or visiting rights
does not arise and as such the petitioner
agrees and undertakes to withdraw the Writ
Petition No.29884/2013.”

Having regard to the aforesaid settlement, the proceedings

initiated against the petitioners are liable to be quashed.

Accordingly, petition is allowed. C.C.No.1075/2009

pending on the file of VI Additional Chief Metropolitan

Magistrate, Bengaluru are hereby quashed.

Sd/-

JUDGE

Bss

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