Shaji George Thomas vs State and Others

A.N. Venugopal Gowda, J.—Sri K.S. Nandish Babu, learned Advocate has entered appearance for respondent 2. The petitioner and respondent 2 are present before the Court and they are identified by their learned Advocates. Learned Advocate for the petitioner and respondent 2 filed a joint memo and submitted that, in view of the amicable settlement arrived at by the parties, they may be permitted to compound the offences in respect of which C.C. No. 13519 of 2014 was registered and process was issued by the learned 8th A.C.M.M., Bangalore to the petitioner.

The marriage of the petitioner and respondent 2 was solemnized on 29-8-2007. A male child was born on 25-9-2009. There was estrangement, which led to the filing of M.C. No. 1265 of 2013 by respondent 2 against the petitioner in the Court of the 4th Additional Principal Judge, Family Court, Bangalore. She having filed a complaint on 16-3-2013 alleging commission of offences under Section 498A of Indian Penal Code, 1860 and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961, respondent 1 registered a case in Cr. No. 125 of 2013. After investigation, final report having been submitted, the learned 8th Additional Chief Metropolitan Magistrate, Bangalore took cognizance and ordered registration of C.C. No. 13519 of 2014 against the petitioner. Assailing the said proceedings, this petition was filed on 1-9-2014.

Petitioner and respondent 2 having been referred to mediation in M.C. No. 1265 of 2013, have arrived at an amicable settlement, which is evidenced by a memorandum of agreement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.

By referring to the said agreement, learned Counsel on both sides submitted that M.C. No. 1265 of 2013 was allowed and decree of divorce was passed by the 4th Additional Principal Judge, Family Court, Bangalore.

Keeping in view the events which have taken place after solemnization of marriage on 29-8-2007 and since C.C. No. 13519 of 2014 was registered on account of matrimonial disputes between the petitioner and respondent 2 and the parties having arrived at an amicable settlement in the Family Court, the joint memo filed by the learned Advocates appearing for the parties can be taken on record and the parties can be permitted to compound the offence, more particularly, on account of the ratio of the decision in the case of Jitendra Raghuvanshi and Others Vs. Babita Raghuvanshi and Another, .

Respondent 2, when questioned, submitted that she is not under pressure to withdraw the complaint filed against the petitioner, which led to the registration of C.C. No. 13519 of 2014. I am satisfied that the parties have amicably settled the matrimonial disputes. Continuation of the C.C. No. 13519 of 2014 would cause unnecessary hardship to the parties. By holding a trial, no useful purpose would be served as the original complainant, in view of the joint memo filed is not likely to support the prosecution case.

In the result, joint memo is placed on record and the petition is allowed. As a consequence, C.C. No. 13519 of 2014 on the file of VIII Additional Chief Metropolitan Magistrate, Bangalore is quashed.