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Sri V. Sanjay vs Smt. P. Harini on 2 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02ND DAY OF AUGUST 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.7271 OF 2011

BETWEEN:

SRI V. SANJAY
S/O SRI VISWANATH
AGED ABOUT 46 YEARS
R/A 792/1, I FLOOR,
L N COLONY, 3RD CROSS
YESHWANTHPURA
BANGALORE-22.
… PETITIONER

(BY SRI: G S VENKAT SUBBARAO, ADVOCATE)

AND

SMT. P. HARINI
W/O SRI V SANJAY
AGED ABOUT 38 YEARS
C/O SRI S MANJUNATH
NO.1190, I FLOOR, 4TH CROSS
TRIVENI ROAD, YESHWANTHPUR
BANGALORE-22.
… RESPONDENT

(BY SRI: H R NARAYANASWAMY, ADVOCATE)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE PROCEEDINGS IN C.MIS.NO.323/11 PENDING ON THE FILE
OF THE MMTC-V, BANGALORE, REGISTERED UPON A FALSE
COMPLAINT LODGED BY THE RESPONDENT U/S 31(2) OF THE
2

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,
2005.

THIS CRL.P COMING ON FOR HEARING THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

This petition is filed under Section 482 Cr.P.C. seeking to

quash the proceedings in C.Misc.No.323/2011 pending on the file of

V Addl. Metropolitan Magistrate Traffic Court, Bengaluru

registered on the complaint lodged by the respondent (wife) under

Section 31(2) (1) of The Protection of Women from Domestic

Violence Act, 2005.

Heard the learned counsel for the petitioner. Learned counsel

for the respondent has remained absent.

2. The facts necessary for the disposal of the petition are that

in C.Misc.No.51/2010 filed by the respondent-wife under section 12

of Protection of Women from Domestic Violence Act, 2005, a joint

memo was filed by the parties. The said joint memo reads as

under:-

JOINT MEMO

“The parties to the above petition submit as follows:

3

1. That the matter in duplicate the parties is
amicably settled amongst the parties upon intervention
of eldest and well wishers.

2. That both parties withdrew their allegations and
counter allegations made against each other.

3. That both parties assure and undertake with
each other that hereafter the parties would continue
their martial life without any disturbance and violence.

4. The complainant undertakes to withdrew the
complaint filed by her in Crime No.17/2010 under
Section 498A of Indian Penal Code, pending before the
Hon’ble V Addl. Chief Metropolitan Magistrate and on
the said day of withdrawal the Respondent undertakes
to take the Petitioner to the matrimonial home.

Wherefore under the circumstances it is prayed that
this Hon’ble court be pleased to dispose off the above
petition as settled in the aforesaid terms, in the
interest of justice and equity.”

3. The grievance of the respondent is that the petitioner

herein failed to abide by clause 4 of the aforesaid joint memo and

thereby he has committed the offence under section 31 of the Act.
4

4. As could be seen from the aforesaid joint memo, the

complainant had undertaken to withdraw the complaint filed by her

in Cr.No.17/2010 pending before the V Addl. Metropolitan

Magistrate Traffic Court, Bengaluru and on the date of the

withdrawal, respondent has undertaken to take the petitioner to the

matrimonial home.

5. It is not in dispute that the respondent has not chosen to

appear before the V Addl. Metropolitan Magistrate Traffic Court,

Bengaluru to withdraw the complaint filed against the petitioner

herein. Under the said circumstances, there was no occasion for the

petitioner to make the payment to the respondent as agreed in the

joint memo. The petitioner having not violated any terms of the

joint memo, he is not liable for prosecution under Section 31 of the

Act.

6. Accordingly, the petition is allowed. The proceedings

pending on the file of V Addl. Metropolitan Magistrate Traffic

Court, Bengaluru in C.Misc.No.323/2011 is hereby quashed.

Sd/-

JUDGE
*mn/-

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