IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1210/2019 BETWEEN:
1. DEEPAK S/O. JAMBUKUMAR SURANA AGED ABOUT 32 YEARS, R/O. 2ND CROSS, (DR.KEERTI COMPLEX), ASHOKNAGAR, MANDYA CITY – 571401 2. BHARATH KUMARA J S/O. JAMBUKUMAR, AGED ABOUT 30 YEARS, R/O. KAMANGUNDI CIRCLE, PETE BEEDI, MANDYA CITY-571401 3. JAMBUKUMAR SURANA S/O. LATE MOHANLAL AGED ABOUT 55 YEARS, R/O. KAMANAGUDI CIRCLE, PETE BEEDI, MANDYA CITY-571401 4. SANTHOSHA DEVI S @ SANTHOSHA BAYI W/O. JAMBHUKUMARA, AGED ABOUT 51 YEARS, KAMANAGUDI CIRCLE, PETE BEEDI, MANDYA CITY – 571 401 ...PETITIONERS (BY SRI.CHANDRASHEKAR H.B., ADVOCATE) AND:
1. STATE BY MANDYA CENTRAL P.S. MANDYA – 571401 2. DIMPLE W/O. DEEPAK AGED ABOUT 34 YEARS, KAMANAGUDI CIRCLE, PETE BEEDI, MANDYA CITY-571401 ... RESPONDENTS (BY SRI.S.RACHAIAH, HCGP; SRI.H.E.RAMESH, ADV. FOR R-2) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS PENDING ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MANDYA IN C.C.NO.295/2018 FILED AS AGAISNT THE PETITIONERS VIDE ANENXURE-A AND CONSEQUENTLY AND QUASH THE CHARGE SHEET FILED BY THE MANDYA CENTRE P.S., VIDE ANNEXURE-F IN CR.NO.98/2018.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused in C.C.No.295/2018 registered for the offences punishable under Sections 498A, 323, 506 r/w 34 of IPC by Mandya Central Police Station pending on the file of II Addl. Senior Civil Judge and JMFC, Mandya, are before this Court for quashing of said proceeding.
2. Marriage between first petitioner and second respondent came to be solemnised on 25.11.2007 at Mysore and two children were born out of said wedlock. On account of certain differences of opinion and there being no cordiality between first petitioner and second respondent had resulted in second respondent lodging a complaint against petitioners alleging that petitioners have committed offences alleged thereunder and as such suitable action should be taken against them. Said complaint came to be registered in Crime No.98/2018 for the offences punishable under Sections 498A, 504, 322, 354, 506 r/w 34 of IPC. Third petitioner namely, father of first petitioner also lodged a complaint on 27.05.2018 alleging second respondent and others have robbed jewels of petitioners and to take suitable action against them. Said complaint came to be registered as NCR.
3. A petition for divorce came to be filed by first petitioner before Prl. Senior Civil Judge and CJM at Mandya in M.C.No.68/2018 and in the said proceedings, matter came to be compromised between first petitioner and second respondent with the intervention of elderly persons and a compromise petition came to be filed seeking disposal of M.C.No.68/2018 in terms of compromise petition entered into between parties. In the meanwhile, first respondent police has filed the charge sheet against petitioners for the offences punishable under Sections 498A, 323, 506 r/w 34 of IPC and as such petitioners are before this Court for quashing of the said proceedings.
4. Today learned counsel appearing for petitioners has filed a joint affidavit whereunder both parties have stated to the following effect:
“3. The Respondent No.2 wife initiated proceedings under Section 498-A, 323, 506 r/w 34, IPC.
Petitioner No.1 filed a matrimonial case in M.C.No.68/2018 on the file of Principal Senior Civil Judge and CJM at Mandya against the Respondent No.2 for decree of Divorce by dissolving the marital ties of Petitioner NO.1 and Respondent No. 2 in the marriage held on 25.11.2007.
4. Both parties submit that they have settled the matter in M.C.No.68/2018 before the Trial Court.
5. The Petitioner No.1 husband and Respondent No.2 have agreed to live together on the terms and accordingly did not press divorce petition. A Compromise petition was filed and the Hon’ble Court allowed the same and disposed the petition in terms of the settlement. Copy of Compromise petition and the Order sheet in M.C.68/2018 are herewith produced and marked as ANNEXURE-E1 AND E2.
6. Respondent No.2 submits that she has agreed to co-operate in quashing of the proceedings in C.C.No.295/2018 which has been registered on the complaint of the 2nd Respondent dated 06.05.2018 pending on the file of II Addl. Senior Civil Judge and JMFC, Mandya and has no objection to quash the said proceedings.”
5. Both parties are present before Court namely, first petitioner and second respondent-complainant are present and they would reiterate the contents of joint affidavit and second respondent-complainant submits that she has no objection for proceedings pending against petitioners being quashed. To establish the identity of first petitioner and second respondent- complainant present before Court, photocopies of identity cards issued by statutory authority is also annexed to the memo and in token of having identified them, learned Advocates appearing for parties have also affixed their signatures to the memo as well as photocopies of identity cards. Same is placed on record.
6. In the light of joint affidavit filed by both parties and second respondent herself having agreed for quashing of the proceedings initiated by her against petitioners, this Court is of the view there is no impediment to accept the said joint affidavit and grant the prayer sought for, particularly the dispute being matrimonial and there being reunion.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in C.C.No.295/2018 registered for the offences punishable under Sections 498A, 323, 506 r/w 34 of IPC by Mandya Central Police Station on the file of II Addl. Senior Civil Judge and JMFC, Mandya, is hereby quashed and petitioners are acquitted of aforesaid offences.
SD/- JUDGE DR