IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2025
BEFORE
THE HON’BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.13844 OF 2024 (482 (Cr.PC) / 528(BNSS)
BETWEEN:
1. DEEPU FRANCIS
AGED ABOUT 37 YEARS,
S/O FRANCIS THOMAS,
R/AT NO.03, 8TH MAIN, 15TH ‘C’ CROSS,
MUTHYALANAGAR,BENGALURU-560 054.
2. FRANCIS THOMAS
AGED ABOUT 67 YEARS,
S/O FRANCIS THOMAS,
R/AT NO.03, 8TH MAIN, 15TH ‘C’ CROSS,
MUTHYALANAGAR, BENGALURU-560 054.
3. RANI FRANCIS
AGED ABOUT 61 YEARS,
W/O FRANCIS THOMAS,
R/AT NO.03, 8TH MAIN, 15TH ‘C’ CROSS,
MUTHYALANAGAR, BENGALURU-560 054.
4. MEETTU FRANCIS
AGED ABOUT 36 YEARS,
D/O FRANCIS THOMAS,
R/AT NO.03, 8TH MAIN, 15TH ‘C’ CROSS,
MUTHYALANAGAR, BENGALURU-560 054. …PETITIONERS
(BY SRI. AJAY M D., ADVOCATE)
CRL.P No. 13844 of 2024
AND:
SMT. JINCY GEORGE
AGED ABOUT 30 YEARS,
D/O T K GEORGE,
R/AT NO.36, 3RD CROSS,DEVAPPA LAYOUT,
RAMACHANDRAPURA, JALAHALLI, BENGALURU – 560 013….RESPONDENT
(BY SMT. SHREYA S. KUMAR, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CRIMINAL MISCELLANOUS PETITION NO.143/2021, PENDING BEFORE THE COURT OF THE MMTC-III, BENGALURU, INITIATED BY THE RESPONDENT AS AGAINST THESE PETITIONER NOS.1 TO 4 HEREIN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:CORAM: HON’BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following reliefs:-
“a) Call for the records in Criminal Miscellaneous Petition No.143/2021 pending before the Court of the Metropolitan Magistrate Traffic Court III at Bengaluru.
b) Quash the entire Criminal Proceedings in Criminal. Miscellaneous Petition No.143/2021 pending before the Court of the Metropolitan Magistrate Traffic Court III at Bengaluru initiated by the Respondent as against these petitioner Nos.1 to 4 herein.
c) Pass such other order or orders as the Petitioner Nos.1 to 4 are entitled to in the facts and circumstances of the case, including the costs of the proceedings, in the interest of justice.”
2. Learned counsel for the petitioners and learned counsel for the respondent have filed a Joint Affidavit duly signed by petitioner No.2, respondent and counsel for the petitioners and the same is taken on record.
3. Petitioner No.2 and counsel for the petitioners and the respondent and her counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-
“JOINT AFFIDAVIT “I, Francis Thomas, S/o. T.C. Thomas, Aged about 67 years, R/at. No.03, 8th Main, 15th C Cross, Muthyalanagar, Bengaluru-560 054 representing the petitioner no.1 in the present case, through the Special Power of Attorney, dated 19/04/2022 and I, Jincy George, D/o T.K George, aged about 31 years, residing at: No.36, 3rd cross Devappa Layout, Ramachandrapura, Jalahalli, Bangalore – 560 013, in the case do hereby solemnly affirm and state on oath as follows:
1. That petitioners herein have filed the above petition under Section 528 of BNSS (section 482 of Code of Criminal Procedure) seeking for quashing of offences U/s 12 of Protection of Women from Domestic Violence in Crl. Misc.
No.143/2021 pending before learned Metropolitan Magistrate Traffic Court-III, Bengaluru.
2. We state that, the marriage between petitioner No.1 and respondent was an arrange marriage, solemnized on 11th January, 2020 at St. Sebastian’s Forane Church, Mathikere as per Christian Customs and Traditions. After marriage they both resided at the house of Petitioner No.1, at the address mentioned at the cause title. They have a no issues born to them from their wedlock.
3. We state that, the dispute arose due to disturbance in their marital life; hence petitioner no.1 herein filed a petition, in MC No.2518/2022 before the Hon’ble IV Additional Judge, Family Court, Bengaluru, seeking decree of divorce against the Respondent. In the meanwhile, Petitioner no.1 and the respondent agreed to settle the dispute amicably. Accordingly during the pendency of the said case, the matter was referred for mediation before the Bangalore Mediation Centre. In the mediation, the matter has been settled amicably, accordingly Petitioner no.1 and Respondent entered into Memorandum of Settlement dated 19/12/2024 on following terms and conditions.
4. We state that, Petitioner no.1 agreed to pay an amount Rs.27,00,000/- to respondent towards her claim maintenance / permanent alimony in full and final settlement and the same was paid to respondent, by the way of DD bearing No.926514, dated 18-12-2024 drawn on South Indian Bank (0008) City Branch, Yeshwanthpur, Bangalore, at the time of reporting settlement in MC No.2518/2022 before Hon’ble IV Additional Judge, Family Court, Bengaluru.
5. We state that both the parties state that all claims and counter claims have been settled outside the court and that there is no claim over any movables and immovable belongings against each other.
6. We state that, both the parties hereby declare that they have no claim of any nature whatsoever against each other past, present or future.
7. We state that, parties have arrived to the settlement on their own volition, without here being any coercion, undue influence or force having been exerted upon either of them, and after obtaining competent legal assistance from their respective advocates.
Wherefore in view of the said settlement, this Hon’ble court be pleased to allow the accompanying application, in the interest justice.
We, the deponent named above do hereby verify and declare that the contents stated above are true and correct to the best of knowledge, information and belief.”
4. In view of the aforesaid settlement entered into between the petitioners and respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Affidavit dated 23.01.2025.
(ii) The proceedings in Crl.Misc.No.143/2021 registered for the offence punishable under Section 12 of Protection of Women from Domestic Violence, Act, pending on the file of Metropolitan Magistrate Traffic Court – III, Bengaluru, insofar as the petitioners are concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR)