SIDDARATHA SRINIVAS, S/O SRI P.M. SRINIVAS AGED ABOUT 48 YEARS RESIDING AT MATHUR VILLAGE, PONAMPET POST, VIRAJPET TALUK SOUTH COORGKODAGU, KARNATAKA Vs. STATE BY MICO LAYOUT REPRESENTED BY SPP & ANR.

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. Mr. RB Sadashivappa, learned Counsel takes notice for respondent No. 2.

(2.) The petitioner is said to be the husband of the respondent No. 2 herein. It transpires that there was a petition field by the second respondent for annulment of marriage under Sec. 12(1)(c) of the Hindu Marriage Act before the family Court, Bengaluru and she also filed a petition under the Protection of Woman from Domestic Violence Act, 2005 which was pending adjudication before the VI Metropolitan Magistrate, Traffic Court, Bangalore. It was followed by a private complaint under the Dowry Prohibition Act as well as for offences punishable under Sections 498A, 420 and 307 of the India Penal Code in Crime No. 31/2015 which was transferred to the MICO Layout Police Station and numbered as Crime No. 561/2015. However, in the matrimonial dispute the Court had referred the matter to Mediation and a settlement agreement was arrived at between the parties whereby the parties agreed to a divorce by mutual consent and also sought to withdraw and settle all criminal cases. But however, since the offences alleged were non-compoundable, the Court below would not have permitted them to compound the matter and therefore the present petition.

(3.) In terms of the settlement, a sum of Rs. 5 lakh was paid by the petitioner to the respondent No. 2 which he had deposited by way of D.D. and the said D.D. had expired and hence the petitioner is now offering a fresh D.D. for a sum of Rs. 5 lakh which is acknowledge by Sri Sadashivappa and further the D.D. which is deposited in the Court below is permitted to the withdrawn by the respondent No. 2 in the above circumstance. In view of the laid down by the Supreme Court in the case of Gian Singh Vs. State of Punjab and Another reported in 2012(10) SCC 303 , the proceedings pending before the MICO Layout. Police Station in Crime No. 561/2015 and the proceedings pending before the Court of VI ACMM, Bengaluru in C. Mis. No. 12/15 stands quashed. Ordered accordingly.