IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.9484 OF 2018 BETWEEN:
1. ANJAN KUMAR @ ANJANAPPA S/O RAJAPPA AGED ABOUT 31 YEARS R/O AREHALI VILLAGE MATHODU HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577 526 2. RAMESH S/O SHIVANNA AGED ABOUT 29 YEARS R/O AREHALI VILLAGE MATHODU HOBLI, HOSADURGA (T) CHITRADURGA (D)-577 526 … PETITIONERS (BY SHRI. P.H. VIRUPAKSHAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER HULIMAVU POLICE STATION BENGALURU BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 2. SMT. PUSHPALATHA Y W/O ANJAN KUMAR @ ANJANAPPA AGED ABOUT 24 YEARS ANASUYAMMA BUILDING, 5TH MAIN ROAD C.CROSS, KRISHNA LAYOUT DEVARACHIKKANAHALLI B.G. ROAD, BANGALORE-560 076 ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R-1; SHRI. K. PRAKASH, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.8428/2014 ON THE FILE OF THE V A.C.M.M., BANGALORE FOR THE OFFENCES P/U/Ss 365, 506, 511 R/W 34 OF IPC VIDE ANNEXURE-F.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This matter arises out of a matrimonial dispute. Respondent No.2 is first petitioner’s wife. They were married in the year 2009. Petitioner No.2 is cousin brother of petitioner No.1. Due to some difference of opinion and a matrimonial disharmony, respondent No.2 filed FIR No.629/2013 in Hulimavu Police Station on 29.10.2013 alleging that she was abducted by the petitioners. After investigation, police have filed charge sheet for the offences punishable under Sections 365, 506, 511 & 34 of IPC.
the State and Shri K.Prakash, learned advocate for respondent No.2.
3. Learned advocates for the petitioners and respondent No.2 jointly submit that by the intervention of elders and well wishers, parties have resolved the matrimonial dispute amicably. As per the settlement, second respondent-wife has agreed to co-operate for quashing of proceedings challenged in this petition. Accordingly, they have filed a Joint Affidavit in this petition, duly signed by the petitioners, respondent No.2 and their respective advocates stating that petitioner No.1 and respondent No.2 are living peacefully. It is prayed that the criminal proceedings in C.C.No.8428/2014 may be quashed.
4. Petitioners and respondent No.2 are present and identified by their respective advocates. They admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
“JOINT AFFIDAVIT We, Anjan Kumar @ Anjanappa, S/o Rajappa, Aged about 31 years, Ramesh, S/o Shivanna, Aged about 29 years and Pushpalatha.Y., W/o Anjan Kumar @ Anjanappa, Aged about 24 years, all are r/o Arehalli Village, Mathodu Hobli, Hosadurga Taluk, Chitradurga District – 577 526, now at Bengaluru do hereby solemnly affirm and declare on oath as under:
1. The respondent No.2 herein is the wife of the petitioner No.1 and the petitioner No.2 is the cousin of the petitioner No.1. Due to certain differences, the respondent No.1 wife initiated proceedings in C.C.No.8428 / 2014 on the file of V Additional Chief Metropolitan Magistrate, Bangalore for the offences punishable under Section 365, 506, 511 r/w 34 of IPC. The petitioners herein have approached this Hon’ble Court seeking quashing of proceedings.
2. At the instance of elders and well wishers, the petitioners and the respondent No.2 have sorted out the differences between them and the petitioner No.1 and the respondent No.2 are living peacefully. As such, the respondent No.2 herein has agreed to withdraw all the allegations made against the petitioners herein. The respondent No.2 wife has no objections to quash the said proceedings against the Petitioners.
In view of the settlement, we pray for quashing of the proceedings in C.C.No. 8428 / 2014 on the file of V Additional Chief Metropolitan Magistrate, Bangalore for the offences punishable under Section 365, 506, 511 r/w 34 of IPC.
Wherefore, we humbly pray that this Hon’ble Court be pleased accept this joint affidavit and quash the proceedings against the petitioners, in the interest of justice and equity.
We state that this is our true name and our signature and the facts stated above are true and correct to the best of our knowledge, information and the belief.” (sic) (Emphasis Supplied) 5. The criminal proceedings have stemmed out of matrimonial dispute between the parties. Parties have settled the matrimonial dispute amicably. In the circumstances, no useful purpose would be served by continuing the criminal proceedings. Therefore, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C.No.8428/2014 pending on the file of V ACMM, Bengaluru, are quashed.
6. Petition is accordingly disposed of.
7. In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV