Criminal Petition No. 4579 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4579 OF 2023 (482(Cr.PC) / 528(BNSS) C/W WRIT PETITION NO. 43809 OF 2019 (GM-RES) WRIT PETITION NO. 52149 OF 2019 (GM-RES) IN CRL.P No. 4579/2023 BETWEEN: MR. ARUN RAJ BASAVARAJ AGED 36 YEARS, S/O BASAVARAJ R/A 1126, 6TH MAIN CHADURANGA ROAD K BLOCK, RAMAKRISHNA NAGAR MYSORE – 570 022 (BY POORNIMA H.S., ADV.) AND: DR. SPHOORTHI BASAVANNAIAH AGED 35 YEARS W/O ARJUN RAJ BASAVARAJ S7, SECOND FLOOR, B BLOCK, STAFF QUARTERS, SUBBAIAH INSTITUTE OF MEDICAL SCIENCES, NH-13, PURLE HOLEBENAVALLI POST SHIMOGGA – 577 222 (BY SRI.S.NAGESH, ADV.) …PETITIONER …RESPONDENT THIS CRL.P. IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 20.02.2020 FILED BY THE RESPONDENT AND THE CONSEQUENTIAL REGISTRATION OF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 CRL.MISC.NO.38/2020 PENDING BEFORE THE J.M.F.C. - III COURT, SHIVAMOGGA ANNEXURE-A FOR THE ALLEGED OFFENCES P/U/S 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT. IN WP NO. 43809/2019: BETWEEN:
Legal Reasoning
MR ARJUN RAJ BASAVARAJ AGED 33 YEARS S/O. MR. BASAVARAJ .B. R/A#1126, 6TH MAIN, CHADURANGA ROAD, K BLOCK, RAMAKRISHNA NAGAR MYSORE-570 022 (BY POORNIMA H.S., ADV.) AND: ...PETITIONER 1. 2. 3. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA MINISTRY OF HEALTH AND FAMILY WELFARE SERVICES NO.105, I FLOOR, VIKAS SOUDHA BANGALORE-560 001 DISTRICT HEALTH OFFICER K.R. PURAM, SHIVAMOGGA KARNATAKA-577 202 SUBBAIAH INSTITUTE OF MEDICAL SCIENCES, NH-13 PURLE, HOLEBENAVALLI POST SHIMOGA-577 222 REP. BY MEDICAL SUPERINTENDENT AND HOD DEPARTMENT OF GYNEACOLOGY 4. DR.SPOORTHI BASAVANNAIAH AGED 33 YEARS, W/O ARJUN RAJ BASAVARAJ - 3 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 S7, SECOND FLOOR, B-BLOCK, STAFF QUARTERS SUBBAIAH INSTITUTE OF MEDICAL SCIENCE NH 13, PURALE, HOLEBENAVALLI POST SHIMOGGA – 577 222 ...RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1 & R2; R3 SERVED BUT UNREPRESENTED; SRI.S.NAGESH, ADV, FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED INVESTIGATION REPORT OF R-2 DATED 17.07.2019 VIDE ANNEXURE-A. ...PETITIONER IN WP NO. 52149/2019: BETWEEN: ARJUN RAJ BASAVARAJ AGED 33 YEARS S/O MR BASAVARAJ B R/A NO 1126 6TH MAIN CHADURANGA ROAD K BLOCK, RAMAKRISHNA NAGAR MYSORE - 570 022 (BY POORNIMA H.S., ADV.) AND: 1. 2. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA M S BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001 SPOORTHI BASAVANNAIAH AGED 32 YEARS W/O ARJUN RAJ BASAVARAJ S7 SECOND FLOOR, B BLOCK STAFF QUARTERS SUBBAIH INSTITUTE OF MEDICAL SCIENCES - 4 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 NH-13 PURLE, HOLEBENAVALLI POST SHIMOGA - 577222 ..RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1; SRI. S. NAGESH, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- RECOGNIZE RIGHT TO FATHERHOOD AS A FUNDAMENTAL RIGHT UNDER RIGHT TO LIFE AND PERSONAL LIBERTY, ARTICLE 21 OF THE CONSTITUTION OF INDIA. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Joint memo for settlement is filed in these three petitions which reads as under: The undersigned, do hereby most humbly submit as follows: 1. That, this memo is being jointly filed by the Petitioner and the Respondent No.2 in Crl P No.4579/2023, Respondent no.4 in W.P.No.43809/2019 and Respondent no.2 in W.P.No.52149/2019. 2. It is submitted that, Crl P No.4579/2023 was filed seeking to quash the complaint dated 20/02/2020 in Crl Misc No.38/2020 pending before the learned Judicial Magistrate First Class III, Shivamogga, filed under section 12 of the Protection of Women from Domestic Violence Act, 2005. The Respondent no.2 expresses no - 5 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 objection to quash the impugned complaint in Crl Misc No.38/2020, by way of this joint memo. 3. It is submitted that, W.P.No.43809/2019 was filed seeking quashing of investigation report of Respondent no.3 therein, the DHO Shivamogga regarding enquiry conducted under the Medical Termination of Pregnancy Act, 1973. Petitioner hereby agrees to withdraw the said W.P.No.43809/2019. 4. It is submitted that, W.P.No.52149/2019 seeks this Hon'ble Court to recognize right to fatherhood as a fundamental right under Article 21 of the Constitution of India and also seeking to direct the Respondent no.2 therein to cooperate in the process of artificial reproductive technology. Petitioner hereby agrees to withdraw/not press on prayer (ii) being "(ii) Direct the Respondent no.2 to cooperate in the process of invitro fertilization or any other suitable Assisted Reproductive Technology by appointing a doctor expert in IVF sector or an expert in any other methods of Assisted Reproductive Technology", sought against the Respondent no.2 in the said petition. 5. That, MFA No.940/2023 was filed challenging the judgment and decree dated 04/08/2022 in M.C. No.80/2021. The petitioner is hereby agreed to withdraw the same. - 6 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 6. The above mentioned details have been tabulated for the sake of brevity: Regarding Withdrawal Respondent No.2 no expresses to objection quash the impugned complaint Crl.Misc No.38/2020. in Petitioner hereby agrees to withdraw the said W.P.43809/2019 Case Number Particulars Sl.No. 1 Crl.Petition No.4579/2023 2 W.P.No.43809/ 2019 Filed seeking to quash the complaint dated 20.02.2020 in Crl.Misc No.38/2020 pending before the learned judicial Magistrate First III, Class Shivamogga, filed under section 12 of the Protection of Women from Domestic Violence 2005 Act, seeking of of therein, DHO, Filed quashing investigation report Respondent No.3 the Shivamogga regarding enquiry conducted under Medical the Termination of Pregnancy Act, 1973 3 W.P.No.52149/ this Seeks Hon’ble Court to Petitioner hereby to agrees 2019 4 MFA No.940/2023 - 7 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 recognize right to fatherhood as fundamental a right under Article 21 of the Constitution of India and also to seeking direct the Respondent No.2 therein to cooperate in the process of artificial reproductive technology. Filed challenging the and judgment dated decree 04.08.2022 in M.C.No.80/2021 withdraw prayer sought (ii), against the Respondent No.2 The Appeal shall be withdrawn by the Appellant 7. The undersigned parties to the litigation hereby agree not to interfere in each other’s life and shall lead their independent life by abiding to the clause of non- interference. 8. All the claims of the undersigned parties to the lis are hereby settled and there shall be no claims of any sort against each other in future. 9. That the below mentioned Respondent, Smt Sphoorthi Basavannaiah is being represented through her Special Power of Attorney holder being her Father Sri.C.M.Basavannaiah. 10. That, this memo of settlement is being executed by the below mentioned parties to the lis out of their own - 8 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 free will and volition and do not involve any kind of coercion. It is most humbly prayed that, this Hon'ble Court be pleased to consider the above mentioned, and pass necessary orders as this Hon'ble Court deems fit, in the interest of justice and equity. 2. The memo for settlement as well as the affidavits of the contesting respondent are placed on record. 3. Petitioner who is common in all the three petitions is present before the Court. The contesting respondent is present through VC. Her father, Special Power of Attorney holder is also present in the Court. 4. The Joint memo is signed by the petitioner- Arjun Raj Basavaraj as well as the contesting respondent – Sphoorthi Basavannaiah and the respective learned counsel appearing for the parties. - 9 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 5. It is stated therein that all the claims of the under signed parties to the lis are settled and there is no claim of any sort against each other in future. 6. It is stated at para 7 of the affidavit filed by respondent Smt.Spoorthi Basavannaiah that the petitioner has filed MFA No.940/2023 challenging the judgment and decree of divorce dated 04.08.2022 in M.C.No.80/2021 adjudicated by the Family Court, Shivamogga and the petitioner has agreed to withdraw the same without fail. 7. Learned counsel for petitioner would submit that in view of the settlement between the parties, the proceedings initiated under the DV Act which is challenged in Crl.P No.4579/2023 may be quashed. 8. In so far as W.P.No.43809/2019, the investigation report dated 17.07.2019 vide Annexure-A bearing No.JiAakukaSi/Aa/sa/8/2019-20 of respondent No.2 is sought to be quashed. In view of the joint memo, learned counsel is seeking to withdraw the said petition. - 10 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 9. Learned counsel submits that in W.P.No.52149/2019, the petitioner may be permitted to withdraw the said petition in so far as prayer No.2 and reserve the right to pursue prayer No.1 by way of separate writ petition. Prayer No.1 reads as follows: “i. Recognize ‘Right to fatherhood’ as a fundamental right under Right to Life and personal liberty, Article 21 of the Constitution of India”.
Decision
ORDER (i) In the light of the joint memo for settlement filed by the parties as noted above and the observations made supra, all the three petitions are disposed of. (ii) The proceedings in Crl.Misc No.38/2020 pending before the Court of Judicial Magistrate First Class- III, Shivamogga, initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is quashed. - 11 - NC: 2025:KHC:13850 CRL.P No. 4579 of 2023 C/W WP No. 43809 of 2019 WP No. 52149 of 2019 (iii) Liberty is reserved to the petitioner to file a separate petition in respect of prayer No.1 in W.P.No.52149/2019, if so advised. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 35