Writ Petition No. 10899 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:3783 WP No. 10899 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 10899 OF 2022 (GM-RES) BETWEEN: 1. MR. BALAJI POTHRAJ S/O. M.K. POTHRAJ, AGED ABOUT 42 YEARS, RESIDING AT NO.32, RAJMAHAL, 1ST CROSS, 4TH BLOCK, JAYALAKSHMIPURAM, MYSORE-570 012. 2. MR. M.K. POTHRAJ S/O. KARIGOWDA, AGED ABOUT 70 YEARS, RESIDING AT NO.32, RAJMAHAL, 1ST CROSS, 4TH BLOCK, JAYALAKSHMIPURAM, MYSORE-570 012. (BY SMT. VANDANA P.L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WHITE FIELD POLICE STATION, BANGALORE CITY, BANGALORE, REPRESENTED BY HCGP, Digitally signed by SWAPNA V Location: high court of karnataka …PETITIONERS - 2 - NC: 2025:KHC:3783 WP No. 10899 of 2022
Legal Reasoning
HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. MRS. CHYTRA B POTHRAJ
Legal Reasoning
AGED ABOUT 39 YEARS, W/O. SHRI. BALAJI POTHRAJ, RESIDING AT NO. 2012, TOWER-2, ONE BENGALURU WEST (PHOENIX), NO.1, DR. RAJKUMAR ROAD, RAJAJI NAGAR, BANGALORE-560 010. …RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1; SRI. KESHAVA KUMAR B., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE FIR IN CRIME NO.30/2022 DATED 19.05.2022 OF THE RESPONDENT JAYALAKSHMIPURA POLICE STATION, ARRAIGNING THE PETITIONERS HEREIN AS ACCUSED NO.1 AND 2 RESPECTIVELY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 468, 406, 409, 420, 506 READ WITH SEC 34 OF IPC PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE (SNR. DVN) AND CJM COURT MYSORE, VIDE ANNEXURE-A AND B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA - 3 - NC: 2025:KHC:3783 WP No. 10899 of 2022 ORAL ORDER Learned counsel for the petitioners has filed a memo producing the copy of the
Decision
order sheet in M.C.No.1728/2021 on the file of learned Principal Judge, Family Court, Bengaluru, and the decree passed therein dated 11.06.2024. 2. Learned counsel also produced copy of the memorandum of settlement under Section 89 of CPC read with Rule 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 had been filed before the Family Court in M.C.No.1728/2021 and contended that the dispute between the parties herein is amicably settled and M.C.No.1728/2021 was allowed. The marriage between petitioner No.1 and respondent No.2 is dissolved by a decree of divorce. Pursuant to the same, respondent No.2 had undertaken to withdraw all the allegations made against the petitioners and has also undertaken to co- operate in quashing the criminal proceedings. Under such circumstances, she prays for allowing the present petition. - 4 - NC: 2025:KHC:3783 WP No. 10899 of 2022 3. Learned counsel for respondent No.2 while admitting that the parties have entered into the memorandum of settlement under Section 89 of the CPC as produced by the learned counsel for the petitioners and also admits that respondent No.2 had undertaken to withdraw the allegations and co-operate in quashing the criminal proceedings. However submits that pursuant to the settlement, something more is due from petitioner No.1 and the same is not yet paid. Under such circumstances, the criminal proceedings cannot be quashed. 4. Memorandum of settlement filed in M.C.No.1728/2021 reads as under:- "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF PROCEDURE (MEDIATION) RULES, 2005. KARNATAKA CIVIL THE The parties above named submit as follows:- I. The petitioner has filed the above petition under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act, 1955 seeking decree of divorce against the respondent. - 5 - NC: 2025:KHC:3783 WP No. 10899 of 2022 II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the petitioner with his counsel and the respondent with her counsel were present. The parties have resolved their dispute and have agreed to the following terms and conditions: the course of mediation, 1. The petitioner and the respondent were married on 15.12.2006 at Chamundeshwari Stadium, Mysuru, as per Hindu rites and customs and subsequently registered on 13.02.2015 before the Registrar of Marriage, Shanthinagar, Bengaluru vide Marriage Certificate No:SHR-HM239-2014-15, stored in. C.D.No.SHRM8. Both petitioners are residing in Bengaluru within the jurisdiction of this Hon'ble Court. to Due differences irreconcilable and incompatibility of Temperaments, the petitioner and the respondent have been living separately since 17.03.2018. The efforts made by the elders, friends and well-wishers to resolve the differences between the parties did not yield any positive results. There is absolutely no chance of reunion between them. Hence, the petitioner and the respondent have agreed to get their marriage be dissolved by decree of divorce. 3. The petitioner and the respondent state that they have two children from the said marriage l.e., a son by name Adidev Balajhi Pothraj, aged about 13 years and a daughter by name Devyani Balajhi Pothraj, aged about 10 years, both the minor children are under the care and custody of the respondent/mother and shall continue to be in her custody in future, for which the petitioner/father has no objection. 4. The petitioner/father has agreed to take care of the entire education and all the expenses of both the children in all respects including for marriage and taking the children to abroad for vacations. - 6 - NC: 2025:KHC:3783 WP No. 10899 of 2022 5. The petitioner is at liberty to visit both the children as per the convenience of both the parties and the children, unconditionally. In the event, the respondent remarries, the custody of the minor daughter Devyani Balajhi Pothraj should be handed over to the petitioner. 6. The petitioner has agreed to pay a sum of Rs.5,00,00,000/(Rupees Five Crore Only) to the respondent towards the permanent alimony and maintenance and the respondent has agreed to receive the same in full and final settlement of all her claims. The agreed amount shall be paid by way of demand draft in favour of the respondent on the date of reporting this settlement before the Hon'ble Court. 7. The petitioner has agreed to execute a registered release Deed in favour of the respondent in respect of Apartment No.2012, Tower-2, One Bangalore Wet (Phoenix), No.1, Dr. Rajkumar Road, Rajajinagar, Bengaluru 560 010 where the respondent is presently residing on or before the date of reporting this settlement to the Hon'ble Court, as the same is in their joint names. The petitioner has agreed and will transfer the car Ford Endeavor KA55 MA005 in the name respondent. 8. The petitioner has taken loan in IDFC Bank, against the property mentioned in para No.7 and the EMIs are still in vogue. The petitioner has agreed to clear the entire outstanding loan in respect of said property on or before reporting this settlement and hand over the NOC and clear title deed to the respondent. 9. The petitioner has agreed to hand over the jewellery which is in his custody, to the respondent on or before reporting this settlement to the Hon'ble Court. 10. The respondent has filed Criminal cases against the petitioner as follows:- - 7 - NC: 2025:KHC:3783 WP No. 10899 of 2022 a) Crime No.30/2022 pending before I Addl. Civil Judge (Senior Division). Mysuru; b) Crime No.21/2018 pending before 37th ACMM, Bengaluru; c) Crl.Misc. 76/2021 and Crl. Misc.33/2023, both pending before MMTC-IV, Bengaluru 11. In view of this settlement, the respondent has agreed to withdraw Crl.Misc. 76/2021 and Crl. Misc. 33/2023 and also agrees and undertakes to cooperate in closing/quashing Crime No.30/2022 and Crime No.21/2018 pending before I Add. Civil Judge (Senior Division) Mysure and 37th ACMM, Bengaluru respectively, in accordance with law. The petitioner will also withdraw the O.S. No. 26358/2022 pending before XX CCH Mayohall, Bengaluru filed against the respondent herein. 12. In view of this settlement, both the parties have agreed to withdraw all the allegations made against each other in all the media/channels or any other mode whatsoever, unconditionally. Both the parties undertake not to make or give statements before public or media about this settlement. 13. The petitioner and the respondent state and admit that, apart from the above, they have no other claims of whatsoever nature against each other with regard to permanent alimony/maintenance either past, present or future. Further, they admit that they also have no claims with regard to movable of any kind/nature or immovable properties belonging to each other and have already exchanged their respective valuable articles and other personal belongings. 14. In view of this settlement, both the parties hereby withdraw all the allegations made against each other unconditionally. 15. The petitioner and the respondent state this they have entered that into and agree - 8 - NC: 2025:KHC:3783 WP No. 10899 of 2022 settlement on their own free will and volition without any force, fraud or coercion from any one. 16. The petitioner and the respondent hereby agree and undertake not to interfere in the personal lives of each other in future. III. In view of the aforesaid settlement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve their marriage solemnized on 15.12.2006 at Chamundeshwari Stadium, Mysuru, as per Hindu rites and customs and to cancel the marriage certificate registered on 13.02.2015 before the Registrar of Marriage, Shanthinagar, Bengaluru vide Marriage Certificate No.SHR-HM239-2014-15, stored in C.D.No.SHRM8, in terms of the aforesaid settlement. IV. Parties will appear on 28.11.2023 before the Hon'ble Court for passing decree/orders in terms of the agreement." 5. My attention was drawn to the recitals in the memorandum of settlement. There is reference to Crime No.30/2022 pending before the learned I Additional Civil Judge, (Senior Division), Mysuru and the order sheet of the Family Court in M.C.No.1728/2021 where both the parties i.e., petitioner No.1 and respondent No.2 herein have admitted amicable settlement in terms of the mediation settlement report. The order sheet also discloses that petitioner No.1 herein had handed over the - 9 - NC: 2025:KHC:3783 WP No. 10899 of 2022 DD for Rs.5,00,00,000/- crores to respondent No.2 herein. Petitioner No.1 has also handed over original documents of the property to respondent No.2. On being satisfied with the settlement arrived at between the parties, M.C.No.1728/2021 came to be allowed by accepting the mediation settlement report. 6. As per the memorandum of settlement, respondent No.2 herein has undertaken to co-operate in closing/quashing Crime No.30/2022 pending on the file of the learned I Additional Civil Judge, Senior Division, Mysuru and both the parties have agreed to withdraw all the allegations made against each other. 7. Under such circumstances, I am of the opinion that criminal proceedings against the petitioners is liable to be quashed. If at all, anything is due to be paid to respondent No.1, she will be at liberty to execute the order passed by the Family Court if she is advised to do so. Accordingly, I proceed to pass the following:- - 10 - NC: 2025:KHC:3783 WP No. 10899 of 2022 ORDER i. The petition is allowed. ii. The FIR registered in Crime No.30/2022 of Jayalakshmipura Police Station, for the offences punishable under Sections 468, 406, 409, 420, 506 read with Section 34 of Indian Penal Code (in short, 'IPC'), on the file of I Additional Civil Judge, Senior Division, Mysuru, is hereby quashed. Liberty is reserved with respondent No.2 to proceed against the petitioners, if she is advised to do so, as it is her contention that petitioner No.1 is due to pay certain sum of money in terms of the memorandum of settlement. Sd/- (M G UMA) JUDGE MH/- List No.: 1 Sl No.: 15 CT:SNN