IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.655/2019 BETWEEN:
MR. DHANWANT SINGH MATHARAOO S/O SH. KHAZAN SINGH MATHAROO R/AT NO. 195, 3RD D CROSS 2ND BLOCK, 3RD STAGE BASAVESHWARANAGAR BENGLAURU – 560 079.
(BY SRI. H.J. ANANDA., ADVOCATE) AND:
... PETITIONER 1. THE STATE OF KARNATAKA REPRESENTED BY SHO KAMAKSHIPALYA POLICE STATION BENGALURU CITY – 560 079 REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU – 560 001.
2. MRS. TARUNA SHARMA W/O DHANWANT SINGH MATHAROO AGED ABOUT 38 YEARS R/AT NO.43/1, 4TH C CROSS VINAYAKANAGAR, KAMAKSHIPALYA BENGLAURU – 560 079.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. ANJAN KUMAR C.R. ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.476/2018 DATED:12.09.2018 ON THE FILE OF THE KAMAKSHIPALYA POLICE STATION, BANGALORE PENDING BEFORE THE V A.C.M.M., BANGALORE FOR THE OFFENCES P/U/S 496, 506, 418, 420 OF IPC VIDE AT ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is accused in Crime No.476/2018 which has been registered for the offences punishable under Sections 496, 506, 418 & 420 IPC is before this Court for quashing of said proceedings.
2. Petitioner as well as second respondent – complainant have filed a joint memo stating thereunder that being husband and wife, they have resolved their matrimonial dispute in Crl.Misc.No.177/2018 before Metropolitan Magistrate Traffic Court – V, Bengaluru. A certified copy of the memorandum of settlement arrived at between parties in Crl.Misc.No.177/2018 is produced at Annexure-F. A perusal of the same would indicate that there has been re-union between the parties and complainant – second respondent herein is the petitioner in Crl.Misc.177/2018 and she has agreed under clause (8) of the said settlement that she would withdraw the complaint registered in Crime No.476/2018. Reiterating the same, joint memo is filed by the petitioner and second respondent. Second respondent has also filed an affidavit reiterating the contents of joint memo. Said joint memo is taken on record.
3. Parties present before Court admit execution of memorandum of settlement. Second respondent-complainant submits that out of her own free will, volition and without any force, threat or coercion, she has affixed her signature to the joint memo as well as affidavit and in order to establish their identity, copies of the Aadhar card issued by the statutory authority have been produced along with joint memo. Learned Advocate appearing for both parties, in token of having identified the parties, have affixed their signatures to the joint memo.
4. In the light of aforestated facts, this Court is of the considered view that continuation of proceedings against petitioner would not subserve ends of justice and it would be a waste of precious judicious time. Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings against petitioner in Crime No.476/2018 registered for the offences punishable under Sections 496, 506, 418 & 420 IPC, pending on the file of V Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed and petitioner is acquitted of the said offences.
SD/- JUDGE *sp