IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2260/2019 C/W CRIMINAL PETITION NO.6123/2016 IN CRL.P. NO.2260/2019: BETWEEN:
1. BABU PRASAD SON OF KEMPAIAH AGED 38 YEARS RESIDING AT NO.8, 1ST CROSS 3RD STAGE, 5TH BLOCK SATHYANARAYANA LAYOUT BASAVESHWARANAGAR BENGALURU KARNATAKA - 560 079.
2. JAYALAKSHMI W/O KEMPAIAH AGED 66 YEARS RESIDING AT NO.8, 1ST CROSS 3RD STAGE, 4TH BLOCK SATHYANARAYANA LAYOUT BASAVESHWARANAGAR BENGALURU KARNATAKA - 560 079.
... PETITIONERS (BY SRI. DIWAKARA K., ADVOCATE) AND:
1. STATE OF KARNATAKA BASAVESHWARANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU - 560 001.
2. MANASA W/O BABU PRASAD KEMPAIAH A NO.1488, 7TH CROSS, 1ST PHASE 2ND STAGE, CHANDRA LAYOUT BENGALURU - 560 040.
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
... RESPONDENTS SRI. B. BASAVARAJU., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.25525/2015 REGISTERED BY RESPONDENT NO.1 BASAVESHWARANAGAR POLICE STATION, PENDING ON THE FILE OF V ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 498(A) AND 504 R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.
IN CRL.P. NO.6123/2016: BETWEEN:
1. SMT. SUVARNA D/O LATE KEMPAIAH W/O DEEPAK B.K AGED ABOUT 40 YEARS NO.192, 6TH CROSS GANDHI NAGAR BANGALORE - 560 009.
2. NAGARATHNA SHANKAR D/O LATE KEMPAIAH W/O NO.168, 2ND STAGE 1ST BLOCK, NAGARBHAVI J MAIN ROAD BANGALORE - 560 072.
(BY SRI. DIWAKARA K., ADVOCATE) AND:
1. STATE OF KARNATAKA BASVESWARANAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001.
2. MANASA W/O BABU PRASAD KEMPAIAH NO.1488, 7TH CROSS 1ST PHASE, 2ND STAGE CHANDRA LAYOUT BENGALURU - 560 040.
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
... PETITIONERS ... RESPONDENTS SRI. B. BASAVARAJU., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE C.C.NO.25525/2015 FOUND AT ANNEXURE-A REGISTERED BY THE RESPONDENT NO.1 BASAVESHWARANAGAR POLICE, PENDING ON THE FILE OF V ACMM, BANGALORE, AGAINST THE PETITIONERS HEREIN WHO ARE ACCUSED NO.2 TO 4 FOR THE OFFENCE P/U/S 498A, 504 R/W 34 OF IPC AND SEC.3, 4 OF D.P. ACT.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners in both these petitions who are facing prosecution in C.C.No.25525/2015 registered for the offences punishable under Sections 498A, 504 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, by Basaveshwaranagar Police Station on the file of V Addl. Chief Metropolitan Magistrate, Bengaluru are seeking for quashing of said proceedings.
2. Today a joint affidavit is filed by first petitioner-husband and second respondent stating thereunder that marriage solemnised between them on 10.11.2014 has been dissolved by jurisdictional Family Court in M.C.No.350/2019 by granting decree of divorce on 08.09.2016 (Annexure-F) and it is further stated that with the intervention of elders matrimonial dispute amongst them has been settled and by way of permanent alimony first petitioner-husband has paid a sum of ` 10 Lakhs through Demand Draft dated 05.04.2019 bearing No.393418 drawn on Central Bank of India, Seshadri Road, Gandhinagar Branch, Bangalore in favour of second respondent/complainant. Both parties have also undertaken to withdraw all the cases and complaints filed by them against each other and they have also stated that they have no future claims whatsoever against each other.
3. Parties are present before Court and they admit the contents of joint affidavit and they have also stated that out of their own free will, without any force, threat or coercion they have affixed their signatures to the joint affidavit. Second respondent/complainant submits she has no objection for quashing the proceedings pending against petitioners and she does not intend to prosecute the complaint filed by her against petitioners in the light of joint affidavit filed. She also acknowledge the receipt of `10 Lakhs received by her towards permanent alimony by way of Demand Draft, copy of which is also produced along with joint affidavit.
4. Parties present before Court are identified by their respective learned Advocates and to establish their identity, photocopies of identity cards issued by statutory authority is also produced along with joint affidavit. Same is placed on record.
5. In the light of aforestated facts and keeping in mind the principles laid down by Hon’ble Apex Court in the case of GIAN SINGH vs. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioners would not serve any fruitful purpose particularly when second respondent/ complainant herself has retraced her steps by withdrawing the allegations made in her complaint and as such continuation of proceedings would not sub serve the ends of justice and it would be waste of precious judicial time. Hence, this Court is of the considered view that petitioners are entitled to the relief sought for.
Hence, I proceed to pass the following:
ORDER (i) Crl.P.Nos.2260/2019 c/w 6123/2016 are allowed.
(ii) Proceedings pending against petitioners in C.C.No.25525/2015 registered for the offences punishable under Sections 498A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, by Basaveshwaranagar Police Station, on the file of V Addl. Chief Metropolitan Magistrate, Bangalore, is hereby quashed and petitioners are acquitted of aforesaid offence.
SD/- JUDGE DR