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.2708/2019 A/W CRIMINAL PETITION NO.2744/2019 IN CRL.P. NO.2708/2019:
BETWEEN:
DEVARAJ V S/O VENKATAPPA AGED ABOUT 35 YEARS R/AT NO.208 G.C.N. WHITE PALMS BORE WELL ROAD WHITEFIELD BANGALORE – 560 032.
PRESENTLY RESIDING AT: NO.156/6, F-11 BHAGAVATHI LAYOUT BHANNERGATTA ROAD HULIMAVU BANGALORE – 560 076.
(BY SRI. SANTHOSH B., ADVOCATE) AND:
1. STATE OF KARNATAKA BY WHITE FIELD POLICE BANGALORE – 560 066 (REPRESENTED BY STATE PUBLIC PROSECUTOR) HIGH COURT BUILDING BANGALORE – 560 001.
... PETITIONER 2. DEEPIKA H W/O DEVARAJ V R/AT NO.42, 7TH CROSS SYNDICATE BANK COLONY HULIMAVU GATE, B.G. ROAD BANGALORE – 560 076.
(BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. KUMARA K.G., ADVOCATE FOR R-2) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.1315/2018 ON THE FILE OF THE HON'BLE I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU WHICH IS ARISING OUT OF CRIME NO.379/2018 OF WHITEFIELD POLICE STATION, BENGALURU FOR OFFENCE P/U/S.498-A, 324 AND 506 OF IPC AS AN ABUSE OF PROCESS OF LAW.
IN CRL.P. NO.2744/2019: BETWEEN:
1. DEEPIKA H W/O DEVARAJ V AGED ABOUT 30 YEARS R/AT NO.42, 7TH CROSS SYNDICATE BANK COLONY HULIMAVU GATE B.G. ROAD BANGALORE - 560 076.
2. KIRAN S/O NAGARAJ AGED ABOUT YEARS R/AT NO. 52, SANJAYNAGARA MAIN ROAD, ASHWATH NAGAR I.E.C.S. LAYOUT BANGALORE - 560 094.
... PETITIONERS (BY SRI. KUMARA K.G., ADVOCATE) AND:
1. STATE OF KARNATAKA BY WHITE FIELD POLICE BANGALORE - 560 066.
(REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001) 2. DEVARAJ V S/O VENKATAPPA AGED ABOUT 35 YEARS R/AT NO. 208 G.C.N. WHITE PALMS BORE WELL ROAD WHITEFIELD BANGALORE - 560 032.
PRESENTLY RESIDING AT: S/O VENKATAPPA AGED ABOUT 35 YEARS R/AT NO.156/6, F-11 BHAGAVATHI LAYOUT BHANNERGATTA ROAD HULIMAVU BENGALURU - 560 076.
(BY SRI. S. RACHAIAH., HCGP FOR R-1) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.1313/2018 ON THE FILE OF I ADDL.C.J.M., BENGALURU WHICH IS ARISING OUT OF CR.NO.378/2016 OF WHITEFIELD POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 448, 323, 324, 504 AND 506 R/W 34 OF IPC AS AN ABUSE OF PROCESS OF LAW.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused in C.C.Nos.1315/2018 and C.C. No.1313/2018 are before this Court for quashing of said proceedings, which has been registered by first respondent police against them for the alleged offences punishable under Sections 498A, 324 and 506 of IPC and for the offences punishable under Sections 448, 323, 324, 504, 506 r/w 34 of IPC respectively.
2. Heard learned Advocates appearing for parties and learned HCGP appearing for first respondent-State. Perused the records.
3. First petitioner in Crl.P.No.2708/2019, who is second respondent in Crl.P.No.2744/2019 married Smt. Deepika (petitioner in Crl.P.No.2744/2019), who is second respondent/complainant in Crl.P.No.2708/2019 on 13.05.2013 at Ajjampura, Tarikere Road, Chikmagalur District and on account of certain differences having arisen between them it resulted in several cases being initiated against each other. Present petitions is an off shoot of 2 such complaints namely, one lodged by the wife alleging harassment with a demand for dowry and another complaint lodged by husband against wife and one Sri. Kiran said to be friend of Deepika alleging that they tried to assault him. As already noticed hereinabove, jurisdictional police after investigation have filed charge sheet against respective accused persons. In the meanwhile, a petition came to be filed by the husband for dissolution of marriage under Section 13(1)(ia) of Hindu Marriage Act, 1955, which came to be registered in M.C. No.3899/2016 and in the said proceedings parties entered into a settlement by filing a Compromise Petition under Order XXIII Rule 3 of CPC, pursuant to which learned Family Judge has accepted the said compromise and dissolved the marriage solemnised on 13.05.2013 by granting decree of divorce dated 29.03.2019. Copy of the proceedings in M.C.No.3899/2016 is filed along with memo today. Same is placed on record.
4. In the present proceedings both parties have filed respective joint memos whereunder they have reiterated the contents of settlement arrived between them in M.C.No.3899/2016 and respective complainants have also agreed for withdrawing the complaint lodged by each other against respective accused. They have also stated they have no objection for respective proceedings being quashed against the accused.
5. Second respondents/complainants in both the petitions are present before Court and submit they have affixed their signatures to the joint memos as well as affidavits filed by them out of their own free will and volition, without any threat, force or coercion. To establish the identity of parties present before Court, photocopies of identity cards issued by the statutory authority is also produced along with the memos. Same are taken on record. In token of having identified the parties present before Court, respective learned Advocates have also affixed their signatures to the joint memos filed today.
6. In the light of aforestated facts and also keeping in mind the dicta 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 proceedings against respective petitioners (accused) would not only sub-serve the ends of justice but on the other hand it would be waste of precious judicial time and it would also be an abuse of process of law if it is continued. Hence, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (i) Crl.P.Nos.2708/2019 and 2744/2019 are allowed.
(ii) Proceedings pending against respective petitioners in both the petitions namely, in C.C.Nos.1315/2018 and 1313/2018 registered by first respondent police against them for the offences punishable under Sections 498A, 324 and 506 of IPC and for the offences punishable under Sections 448, 323, 324, 504, 506 r/w 34 of IPC are quashed and they are acquitted of the aforesaid offences.
Pending applications, if any, stands consigned to records.
SD/- JUDGE DR