On a fine day, at the same HC, 2 x 498a settlements, total Rs. 44 Lakhs. there may be more NOT noticed by me !

On the same day there was a 19 lakhs settlement, there is another 25 lakhs settlement in yet another 498a case at the same HC. This is flowing like a river ! A very sad river. Most of these cases have a similar / template like submission saying so many lakhs received so ready to quash ! This is the sad state of matrimony, the sad status youth of this country are going thru !

In this case

“….3. Both the parties have agreed that, in the mediation it is also agreed that the respondent No.2 is entitled for permanent alimony of Rs.25,00,000/- (Rs.Twenty Five Lakhs only). ….”

“…6. In view of the above settlement the respondent No.2 withdraws all allegation made against the petitioners and the proceedings in crime No.42/2014 filed before Mysore City Women police station on the file of IV Addl. Senior Civil Judge and JMFC at Mysore may be quashed. ….”

***********************

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF DECEMBER 2015

BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.7754/2015

BETWEEN:

1.     MR.DEEPAK J.,
AGED ABOUT 32 YEARS
S/O P.JAVARAYI GOWDA
R/AT NO.10, 187/2, “SUKHI NIVASA”
4TH CROSS, DHANALAKSHMI LAYOUT
KODIGEHALLI,
BANGALORE – 560 097.

2.     MRS. SUKANYA
W/O P.JAVARAYI GOWDA
AGED 55 YEARS
R/AT NO.10, 187/2, “SUKHI NIVASA”
4TH CROSS, DHANALAKSHMI LAYOUT
KODIGEHALLI,
BANGALORE – 560 097.

3.     MR.P.JAVARAYI GOWDA
S/O JAVARAYI GOWDA
AGED 64 YEARS
R/AT NO.10, 187/2, “SUKHI NIVASA”
4TH CROSS, DHANALAKSHMI LAYOUT
KODIGEHALLI,
BANGALORE – 560 097.                …PETITIONERS

(BY SRI B.N.SHETTY, ADV.)

AND:

1.     THE STATE OF KARNATAKA
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE.

2.   MRS.B.A.ARCHANA
     W/O DEEPAK J.
     AGED ABOUT 32 YEARS
R/AT NO.267, 19TH MAIN ROAD
‘B’ BLOCK, VIJAYANAGAR 3RD STAGE
MYSORE.                                    …RESPONDENTS

(BY SRI B.VISWESWARAIAH, HCGP. FOR R1; SRI V.SRINIVAS, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., MYSURU IN C.C.NO.42/2015, FOR THE OFEENCE U/S 498(A), 506 R/W 34 OF I.P.C. AND SECTIONS 3 AND 4 OF D.P. ACT.        THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned H.C.G.P. is directed to take notice for respondent No.1.

Sri.V.Srinivas, learned Counsel has filed Vakalath for respondent No.2.

The petitioners are charge sheeted in respect of the offences under Sections 498-A and 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, on the complaint of second respondent herein, who is none other than the wife of first petitioner.

2. The petitioners are arrayed as accused Nos.1 to 3 in the charge sheet. Today, petitioners, second respondent and their learned Counsel are present before the Court. A joint memo signed by both parties and their respective Counsel is filed, which reads thus:

“The parties to the lis submits as hereunder:-

1. With the help of friends and well wishers both the petitioners and the respondent No.2 have settled the dispute between themselves.

2. Both the parties agreed that, in the mediation taken place in Cmisc. No.248/2014, they have agreed to dissolve the marriage dated 05/05/2010 mutually and they have also agreed to withdraw the allegations made against petitioners in FIR No.42/2014 filed before the Women Police Station Mysore City and to give consent for quashing of the same.

3. Both the parties have agreed that, in the mediation it is also agreed that the respondent No.2 is entitled for permanent alimony of Rs.25,00,000/- (Rs.Twenty Five Lakhs only).

4. In terms of the mediation agreement the petitioner No.1 have paid a sum of Rs.8,00,000/- in Cmis No.248/2014 and Respondent No.2 acknowledges the receipt of the said amount, in- terms of the mediation agreement the petitioner No.1 has to pay a sum of Rs.8,00,000/- (Rs.Eight Lakhs only) at the time of quashing of criminal proceedings in Crime No.42/2014 and accordingly the petitioner No.1 has paid a sum of Rs.8,00,000/- today by way of DD bearing No.113128 dated 30/11/2015 drawn on CITI Bank Bangalore Branch, the respondent No.2 acknowledges the receipt of the same.

5. Both the parties have agreed that, the balance alimony of Rs.9,00,000/- will be paid before the family court at Mysore in MC 453/2015 which is listed for tomorrow at the time of giving consent for a decree of divorce.

6. In view of the above settlement the respondent No.2 withdraws all allegation made against the petitioners and the proceedings in crime No.42/2014 filed before Mysore City Women police station on the file of IV Addl. Senior Civil Judge and JMFC at Mysore may be quashed.

WHEREFORE, The parties in the above case pray that this Hon’ble Court be pleased to allow the above petition and quash all further proceedings in crime No.42/2014 filed before Mysore City Women police station on the file of IV Addl. Senior Civil Judge and JMFC at Mysore, in the interest of justice and equity”.

3. Second respondent reports receipt of Rs.8 lakhs by way of Demand Draft drawn on Citibank, Bangalore, in accordance with the terms of settlement arrived between the parties before the Mediation Centre.

4. The entire criminal proceeding being the culmination of matrimonial discord between first petitioner and second respondent, in view of the subsequent development which occurred as brought out in the joint memo and also in the light of the judgment of the Apex Court in Gian Singh -vs- State of Punjab and Another reported in (2012) 10 SCC 303, there is no impediment to quash the criminal proceedings.

Petition is allowed.

The criminal proceeding against these petitioners in C.C.No.42/2015 pending on the file of IV Additional Senior Civil Judge and J.M.F.C., Mysuru, is quashed.

Sd/-

JUDGE KNM/-

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One thought on “On a fine day, at the same HC, 2 x 498a settlements, total Rs. 44 Lakhs. there may be more NOT noticed by me !

  1. Tasteful Insults

    This is the ground reality in India. Women’s use laws against men to steal huge sum of money. I wonder how many more years will government take to change such laws.

    Like

    Reply

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