DR. CHOWDAPPA BHASKAR v. KULLACHANDA CHINNAPPA SUBBAIAH

4. SMT. DEEPIKA BHASKAR, D/O DR. CHOWDAPPA BHASKAR, R/A NO. 387/B, 2ND CROSS, DOLLAR LAYOUT, J.P. NAGAR, 4TH PHASE, BANGALORE-560 078 (BY SRI. VISHNUMURTHY, ADVOCATE) AND: KULLACHANDA CHINNAPPA SUBBAIAH S/O LATE K.P. CHINNAPPA, …PETITIONERS - 2 - NC: 2024:KHC:44249 CRL.P No. 1921 of 2023 AGED ABOUT 74 YEARS, R/A B-3003, GOLD SUMMIT, DODDAGUBBI, KOTHANOOR, BANGALORE-560 077 (BY SRI. M.M. ASHOKA, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.21828/2022 (PCR NO.13489/2021) FOR AN OFFENCE U/S 500 OF I.P.C. PENDING ON THE FILE OF XXX ACMM, BANGALORE. …RESPONDENT THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners call in question the proceedings in C.C.No.21828/2022 registered for an offence punishable under Section 500 of the IPC.

2. Heard Sri. Vishnumurthy, learned counsel appearing for the petitioners, Sri. M.M. Ashoka, learned counsel appearing for the respondent and have perused the material on record.

3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a - 3 - NC: 2024:KHC:44249 CRL.P No. 1921 of 2023 settlement and the memorandum of settlement reads as follows: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 PROCEDURE OF (MEDIATION) RULES, 2005. KARNATAKA CIVIL THE The parties above named submit as follows:-

1. The Plaintiff has filed the above suit against the Defendants under order VII Rule 1 R/w Section 26 of the Code of Civil Procedure for seeking partition and separate possession and propertionate share in suit schedule properties by metes and bounds. The 2nd defendant has been deleted array of the cause title on 28.03.2024. II. The aforesaid suit was referred to mediation for resolving the disputes between the parties. During the course mediation, the Plaintiffs and the 1st Defendant along with their respective counsels were present, they have resolved their disputes and have agreed to the following terms and conditions:

1. The plaintiff and the 1st defendant got married on 09.02.2007 at Sri Tirumalagiri Lakshmi Venkateshwara Temple, J.P.Nagar, 2nd Phase, Bengaluru 560 078 as per Hindu rites, and customs. Subsequently their marriage was registered before the Registrar of Marriage, South Taluk, Bengaluru vide Marriage No. BAS- M2953-2006-07 dated 17.03.2007 stored in C.D.No. BASM23.

2. The plaintiff and the 1st defendant state that, from their wedlock they have a daughter, named Mita Kullachanda Biddappa, now aged about 14 years, presently under plaintiff/mother and continues to be so in future, for which 1st defendant does not have any objection for the same. custody of care and

3. The plaintiff filed petition u/s 13.1 (a) of Hindu Marriage Act and granted order for decree of divorce on 01.08.2019, challenging the decree for divorce, the 1st - 4 - NC: 2024:KHC:44249 CRL.P No. 1921 of 2023 defendant filed MFA 8354/2019 before Hon'ble High Court of Karnataka, which is pending adjudication.

4. The plaintiff and the 1st defendant agreed to settle their matter amicably under the following terms and conditions;

5. The plaintiff herein agrees to release her undivided right, title and interest in immovable property detailed in item No.1 to 3 in schedule ' C' of the plaint, being the coffee estate, measuring An area of 2.00 acres in Sy. No. 186/8 measuring an area of 2.30 acres in Sy.No. 186/9 measuring an area of 0.20 acres in Sy.No. 186/10, situated in Khatha No. 96, Nangaia Village, Virajpet Hobli and Taluk Kodagu District to and in favour of the 1st defendant herein, through registered release deed. It is agreed by the parties that the draft relinquishment deed shall be shared by the 1st defendant and once the terms of the same is confirmed by both the parties, it shall be considered as final and not subject to any changes.

6. It is agreed by parties that any GPA executed by the plaintiff in favour of 1st Defendant is null and void, not binding on the plaintiff

7. The defendant agrees and undertakes to pay 38,00,000 (thirty eight lakhs) to the plaintiff between 22-April-24 to 25-April-24 through RTGS to the plaintiff bank ICICI Bank account 029901502901 IFSC ICIC0003441. On receipt of the said amount credited to her bank account, the plaintiff would execute the release/relinquishment deed in favour of 1st defendant as stated in para No.5 above within 24 hours of crediting the amount.

8. The plaintiff further declares that she has no right, title or claim over the suit schedule properties as described in the plaint.

9. It is agreed by the plaintiff and 1st Defendant to co- operate to remove the name of plaintiff, from the below joint bank accounts on or before 25th April 2024. a. ICICI Bank Account 004701507918, Bengaluru. b. Union Bank account 520101215660958 (earlier Corporation Bank account 23091) Virajpet, Kodagu. - 5 - NC: 2024:KHC:44249 CRL.P No. 1921 of 2023

10. The Plaintiff and the 1st Defendant agreed to cooperate to withdraw/quash/close on or before 30th May 2024 the below mentioned cases filed against each other, listed as follows; a) CRL.A1174/2023 filed by the Plaintiff against the Defendant No.1 pending in Sessions Court, Bangalore. b) MFA 8354/2019 filed by the 1st defendant against the order of M.C.3499/2014 pending before the High Court of Karnataka, Bengaluru. c) PCR 6266/2023 filed by the 1st Defendant against the Plaintiff, pending before, the CMM Court, Bangalore. d) C.C.25860/2015 pending before the court of 30th ACMM, Bengaluru filed by the 1st defendant against the plaintiff.

11. The parties further state that the plaintiff has undertaken not to claim any property stands in the name of the 1st defendant and similarly, the 1st defendant also has undertaken not to claim any property that standing in the name of the plaintiff in past present and in future.

12. The defendant agreed and undertake that he would prepare and make available the relinquishment deed on or before 20th April 2024, enabling the plaintiff to go through the contents of the deed for accuracy and verification. Once the release deed is furnished to plaintiff on or before 20th April 2024, no further changes are permitted to be made by defendant.

13. The parties state that, they have no claim whatsoever nature against each other and also in respect of movable/ immovable properties belonging to each other.

14. Both parties agreed and undertake that they shall not initiate any fresh/new cases or reopen/challenge/existing cases which are disposed of or pending adjudication at various courts and also co-oporate to settle all issues and cases once for all voluntarily and on their own collision and not by coercion, undue influence - 6 - NC: 2024:KHC:44249 CRL.P No. 1921 of 2023

15. Both the parties undertake that they shall not interfere with the life of each other in future. III. In view of the aforesaid agreement entered into between the parties, the parties pray Hon'ble Court be pleased to pass Final Decree in terms of this agreement in the interest of justice and equity. IV. In view of the aforesaid agreement, the plaintiff prays for refund of the institution court fee. V. Parties will appear on 04.04.2024 before the Court for passing orders in terms of the agreement."

4. In light of the settlement arrived at between the parties as afore-quoted, I pass the following: i. ii. ORDER Criminal Petition is disposed. Proceedings against petitioners C.C.No.21828/2022 (PCR No.13489/2021) pending before the XXX ACMM, Bangalore, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 24 CT:SNN