IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5175/2016 BETWEEN:
1. BALAJI ASHOK KUMAR AGED ABOUT 28 YEARS S/O ASHOK KUMAR 2. ASHOK KUMAR AGED ABOUT 53 YEARS S/O RAMACHANDRAN 3. PALANIYAMMAL AGED ABOUT 52 YEARS W/O ASHOK KUMAR ALL ARE R/AT NO.7/28, PILLAYAR KOIL STREET, NEAR VEMBU MARIAMMA, THIRUTHERI GRAMMAM, S.P.KOIL, KANCHIPURAM DISTRICT, TAMIL NADU-603 204. ... PETITIONERS (BY SRI M CHANDRAPPA, ADV.) AND:
1. SMT. SANJANA RANGANATHAN AGED ABOUT 22 YEARS D/O RANGANATHAN, R/AT NO.15, 4TH MAIN, 2ND CROSS, WOC ROAD,SHIVANAHALLI, RAJAJINAGAR, BENGALURU-560 010 2. STATE BY BASAVESHWARANAGARA POLICE BENGALURU-560 079. ... RESPONDENTS (BY SMT NETHRAVATHI K, ADV. FOR R1 SRI I S PRAMOD CHANDRA, SPP-II FOR R2 ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 23.06.2015 PASSED IN C.C.NO.15094/2015 ON THE FILE OF V A.C.M.M., BANGALORE AGAINST THE PETITIONERS AND FURTHER BE PLEASED TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONERS IN C.C.NO.15094/2015 FOR THE ALLEGED OFFENCES P/U/S 498(A) READ WITH SECTION 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner No.1-Balaji Ashok Kuamr, petitioner No.2-Ashok Kumar, petitioner No.3-Palaniyammal and their counsel, Smt. Sanjana Ranganathan, respondent No.1 and her counsel, Smt.Nethravathi K, are present before the Court and Sri. I.S.Pramod Chandra, learned SPP-II for respondent No.2 is also present.
2. The petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.15094/2015 registered for the offences punishable under Sections 498-A read with 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act,1961.
3. The petitioners and respondent No.1 have submitted a joint memo duly signed by them. The learned counsel for the petitioners submits that the marriage between the 2nd respondent and 1st petitioner is dissolved by a decree of divorce in M.C.No.3335/2015 dated 30.01.2016 on the file of the III Additional Principal Judge, Family Court, Bengaluru.
4. In view of the undertaking given by petitioner No.1 to respondent No.1 before the Matrimonial Court, respondent No.1 has withdrawn all the allegations made against the petitioners leading to the prosecution for the above offences. The respondent No.1 submits that she has voluntarily withdrawn all the allegations made against the petitioners and seeks to quash the proceedings pending against the petitioners in C.C.No.15094/2015.
5. The parties are duly identified by their respective counsel.
In view of the above facts, the parties are permitted to compound the above offences.
Accordingly, petition is allowed. The proceedings pending against the petitioners in C.C.No.15094/2015 on the file of V Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 498-A read with 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act are hereby quashed.
In view of disposal of the main petition, IA.No.1/2016 for stay does not survive for consideration and the same stands dismissed.
Sd/- JUDGE JS/-