IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2176 OF 2015 BETWEEN:
1. MR ANGU CHETTY S/O LATE ERRA CHETTY, AGED ABOUT 69 YEARS, 2. SMT. MADAMMAL, W/O MR. ANGU CHETTY, ABOUT 62 YEARS, SL.NO. 1 AND 2 R/AT NO.33/117, P R SRINIVASA RAO STREET, DHARMAPURI TOWN AND DISTRICT, TAMILNADU-636 701.
3. SMT. VANITHA W/O MR. CHINNI CHETTY, D/O MR.ANGU CHETTY, AGED ABOUT 39 YEARS, 4. MR. CHINNI CHETTY, S/O MR. TEERTHAGIRI CHETTY, AGED ABOUT 48 YEARS, SL.NO.3 AND 4 R/AT NO.35/B, R SRINIVASA RAO STREET, DHARMAPURI TOWN AND DISTRICT, TAMILNADU-636 701.
(BY SRI: B.KESHAVA MURTHY, ADVOCATE) ... PETITIONERS AND 1. THE STATE OF KARNATAKA SHO, ULSOOR GATE WOMENS POLICE STATION BANGALORE-560 002.
REP BY SPP, HIGH COURT OF KARNATAKA BENGALURU-01 2. DR. ANUSHA B D/O MR.BHASKAR, AGED ABOUT 29 YEARS, R/AT KAMALA NIVAS, 9TH CROSS, ANDHRAHALLI MAIN ROAD, BANGALORE-560 091.
... RESPONDENTS (BY SRI:VIJAYA KUMAR MAJAGE, ADDL SPP FOR R1; SRI: G.DESU REDDY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 24.1.2015 TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 506B OF IPC AND R/W 3 AND 4 OF D.P.ACT, PENDING ON THE FILE OF VI A.C.M.M., BANGALORE IN C.C.NO.2689/2015.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioners and learned counsel for respondent No.2 and learned Addl. SPP for respondent No.1.
2. This petition is arising out of the complaint lodged by respondent No.2 against the petitioners alleging commission of offences punishable under sections 498A, 506B of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961.
3. After investigation, charge sheet is laid against the petitioners for the said offences. However, when the matter is taken up for hearing, learned counsel for respondent No.2 has submitted a memo. Memo reads as under:-
MEMO The undersigned counsel submits as follows:-
In the above matter the petitioner and respondents amicably settled issue both of them. The parties exchanged all the gifts belonging to them. Both the petitioner and respondent have already taken Divorce before the Family Court, Dharmapuri.
Wherefore, I pray that this Hon’ble Court be pleased to allow the above matter, in the interest of justice.”
4. Apart from the submissions made in the memo, the records also indicate that the complaint was lodged against the petitioners after filing of the divorce petition, apparently to make out a ground for defence in the matrimonial proceedings. The divorce petition was filed by the husband on the ground of cruelty. The said ground itself having been proved in the matrimonial Court and the divorce decree having been passed, charge under Sections 498A and 506B Indian Penal Code on the same set of facts and evidence cannot be sustained.
5. Insofar as the allegations relating to demand of dowry is concerned, in the aforesaid memo, counsel for respondent No.2 having stated that the parties have exchanged the gifts belonging to them and they have amicably settled the issue, accepting the said memo, the petition is allowed. The proceedings initiated against the petitioners for the alleged offences punishable under sections 498A, 506B and Sections 3 and 4 of Dowry Prohibition Act are hereby quashed.
*mn/-
Sd/-
JUDGE