Dr. Rajendra Kurapati vs. The State Of Karnataka

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1148/2024 [@ SLP [CRL.] NO.5292/2021]

DR. RAJENDRA KURAPATI & ORS. Appellant(s)

VERSUS

THE STATE OF KARNATAKA & ANR. Respondent(s)

O R D E R

Leave granted.

On a reference having been made for mediation, the matter has been amicably settled between the parties.

Accordingly, a joint application has been filed being IA No.37108/2024 invoking Article 142 of the Constitution of India.

The following are the prayers sought for in the joint application:

a) quash entire proceedings arising out of Crime No.19 of 2020 registered on the file of Jayanagar P.S., Bangalore against petitionerhusband Dr. Rajendra Kurapati (Accused No.1), Shri Gandra Ajay Kumar (Accused No.2) and Smt. Gandra Subramanyeshwari (Accused No.3), pending before the Court of 45 Additional Metropolitan Magistrate Court, Bangalore, Karnataka as C.C. No.12466/2020 in exercise

of power under Article 142 of the Constitution of India; and

b) dissolve the marriage solemnized between the petitioner and the respondent on 12.05.2023 by mutual consent by disposing of the divorce petition filed by the petitionerhusband vide M.C. No.2379/2023 pending before the Court of 1st Additional Principal Judge, Family Court, Bangalore, Karnataka in exercise of power under Article 142 of the Constitution of India; and

c) quash M.C. No.3724/2020, filed by the respondent No.2 wife, before the Court of 1st Additional Principal Judge, Family Court, Bangalore, Karnataka for restitution of conjugal rights in exercise of power under Article 142 of the Constitution of India.

The following are the terms of settlement between the parties:

"a) That the parties have agreed that the petitioner No.1-husband will pay to the respondent No.2 wife a total sum of Rs.50,00,000/-(Rupees fifty lakhs only) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present and future) and any other claim whatsoever.

b) It is agreed between the parties that they will move an application jointly before the

Hon'ble Supreme Court under Article 142 of the Constitution of India for invoking inherent powers of the Hon'ble Supreme Court praying for divorce by mutual consent as parties are staying separately since 15.06.2018 i.e. for the last more than five years and there is irretrievable breakdown of marriage, and also for quashing of proceedings arising out of Crime No.19/2020 registered on the file of Jayanagar P.S., Bangalore, under Section 498(A), 109 R/W 34 I.P.C. and Section 3 & 4 of the Dowry Prohibition Act, against all the accused members viz.(1) Dr. Rajendra Kurapati, (2) Shri Gandra Ajay Kumar,63 year old (3) Smt. Gandra Subramanyeshwari 58 year old, and now pending before the Court of 45 Additional Metropolitan Magistrate Court, Bangalore, Karnataka, as C.C. No.12466/2020.

c) It is further agreed between the parties that if the Hon'ble Supreme Court is pleased to allow application filed by both the parties under Article 142 of the Constitution of India, then the petitioner-husband shall withdraw divorce petition and the respondentwife shall withdraw the cases filed by her. The petitioner-husband will pay to the respondent-wife a total sum of Rs.50,00,000/ via RTGS/NEFT/Online Transfer/DD in the account of Dr.Sowmya MV, bearing Account No.110075524363, Canara Bank, Branch-3rd Block, Jayanagar, Bangalore, Karnataka.

The parties are also present before us.

A demand draft for a sum of Rs.50 lakh has also been handed over in the Court by the appellant husband in favour of respondent No.2-Wife. Both the parties submit that the orders may be passed as requested in IA No.37108/2024.

Accordingly, the present appeal stands disposed of on the following terms:-

1)The proceedings pending in C.C.No.12466/2020 on the file of 45 Additional Metropolitan Magistrate, Bangalore, Karnataka stands quashed against all the three accused;

2) M.C.No.2379/2023 pending on the file of 1st Additional Principal Judge, Family Court, Bangalore Karnataka stands disposed of by granting a mutual divorce between the appellant No.1-husband and the respondent NO.2-wife, thus, annuling the marriage;

3) Proceedings in M.C. No.3724/2020 pending before the 1st Additional Principal Judge, Family Court, Bangalore, Karnataka stands quashed.

Accordingly, the Registry is directed to send a copy of this order to the concerned Courts apart from drawing a decree in terms of our order. The terms of the settlement shall form part of the order.

We place on record our appreciation for the assistance rendered by the learned counsel for the parties and the learned Mediator.

…………………………………...J. [M.M. SUNDRESH]

…………………………………..J. [S.V.N. BHATTI]

NEW DELHI; FEBRUARY 16, 2024.

ITEM NO.42 COURT NO.13 SECTION II-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5292/2021

(Arising out of impugned final judgment and order dated 11-02-2021 in CRLP No. 7018/2020 passed by the High Court Of Karnataka At Bengaluru)

DR. RAJENDRA KURAPATI & ORS. Petitioner(s)

VERSUS

THE STATE OF KARNATAKA & ANR. Respondent(s) (MEDIATION REPORT RECEIVED. IA No. 85884/2021 - EXEMPTION FROM FILING O.T.)

Date : 16-02-2024 These matters were called on for hearing today.

CORAM :

• HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI
• For Petitioner(s) Mr. Sadineni Ravi Kumar, AOR Ms. Isha, Adv.
• For Respondent(s) Mr. Dushyant Parashar, AOR Mr. Dinesh Pandey, Adv. Mr. Manu Parashar, Adv. Mrs. Neha Shanker, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of in terms of the signed order. Pending application stands disposed of.

(ASHA SUNDRIYAL)	(POONAM VAID)
ASTT. REGISTRAR-cum-PS		COURT MASTER (NSH)

[signed order is placed on the file]