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.5057/2013 C/W CRIMINAL PETITION NO.2710/2019 IN CRL.P. NO.5057/2013:
BETWEEN:
1. DHARMARAJ S/O LATE RANOJIRAO AGE: ABOUT 47 YEARS OCCUPATION: AGRICULTURE RESIDENT OF SHYADANAHLLI VILLAGE, PANDAVAPURA TALUK MANDYA DISTRICT – 571 434.
2. DEEPA W/O SRI. DHARMARAJ AGE: ABOUT 33 YEARS OCCUPATION: AGRICULTURE RESIDENT OF SHYADANAHALLI VILLAGE, PANDAVAPURA TALUK MANDYA DISTRICT – 571 434.
3. NAGUBAI W/O KASHINATH AGE: ABOUT 58 YEARS HOUSE WIFE RESIDENT OF POLICE STATION ROAD PANDAVAPURA TOWN MANDYA DISTRICT – 571 434.
4. K. VEENA D/O KASHINATH AGE: ABOUT 30 YEARS RESIDENT OF POLICE STATION ROAD PANDAVAPURA TOWN MANDYA DISTRICT – 571 434.
(BY SRI. N. KUMAR., ADVOCATE) AND:
1. STATE BY PANDAVAPURA POLICE STATION REPRESETNED BY PUBLIC PROSECUTOR – 571 434.
2. SMT. ARCHANA W/O RAVISHANKAR D/O G. NAGARAJA RAO AGE: MAJOR RESIDENT AT NO. 266/1 4TH CROSS, KHSHATRIYA ROAD, K.R. MOHALLA MYSORE – 570 003.
... PETITIONERS ... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. A.G. SHRIDHAR., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.105/2013 ON THE FILE OF THE C.J. (JR. DN.) AND J.M.F.C., PANDAVAPURA, FOR THE OFFENCE P/U/S 498A, 504, 506, 114 A/W SEC.149 OF IPC BY ALLOWING THIS PETITION.
IN CRL.P. NO.2710/2019: BETWEEN:
RAVISHANKAR S/O LATE RANOJIRAO AGE: ABOUT 53 YEARS OCCUPATION: AGRICULTURE RESIDENT OF SHYADANAHALLI VILLAGE, PANDAVAPURA TALUK MANDYA DISTRICT.
(BY SRI. N. KUMAR., ADVOCATE) AND:
1. STATE BY PANDAVAPURA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR.
2. SMT. ARCHANA W/O RAVISHANKAR D/O G. NAGARAJA RAO AGE: MAJOR RESIDING AT NO.266/1 4TH CROSS, KHSHATRIYA ROAD K.R. MOHALLA, MYSORE.
... PETITIONER ... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. SUNIL K.N.,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.105/2013 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND J.M.F.C., PANDAVAPURA, FOR THE OFFENCE U/S.498A, 504, 506 114 A/W 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners in Crl.P.No.5057/2013 who are arraigned as accused Nos.2 to 5 and petitioner in Crl.P.No.2710/2019 who is arraigned as accused No.1 in Crime No.105/2013 registered by Pandavapura Police for the offences punishable under Sections 498A, 504, 506, 114 r/w Section 149 IPC which proceedings are pending on the file of Civil Judge (Jr.Division) & JMFC, Pandavapura are before this Court for quashing of said proceedings.
2. Petitioner – accused No.1 and second respondent – complainant have filed a joint memo stating thereunder that matrimonial dispute has been settled before Lok Adalath in G & WC No.41/2016 and they are living together. They have also produced copy of the order dated 08.09.2018 passed in G & WC No.41/2016 along with joint memo filed before Lok Adalath. Said joint memo is placed on record.
3. Parties who are present before Court namely, petitioner-accused No.1 and second respondent-complainant state that they have entered into above said settlement voluntarily out of their own free will and volition without any force, threat or coercion and they are residing together. Second respondent-complainant also submits that she has no objection for proceedings initiated by her against petitioners being quashed. To establish the identities of the parties present before Court, photocopies of identity cards issued by statutory authority has been produced along with joint memo. Same is placed on record. Parties present before Court are identified by their respective learned Advocates.
4. Smt.S.R.Anuradha, learned Senior Mediator present in Court was requested to interact with second respondent – complainant in order to ascertain truth and she has reported after interacting with second respondent that anxiety of the complainant that she has not being attended to her by her parents and her parents had not met her subsequent to rejoining her husband. It is also stated that complainant is now residing with petitioner – accused No.1 – husband and there has been re- union. In that view of the matter, prayer sought for in the petitions deserves to be granted.
5. Keeping in mind the principles laid down by the Hon’ble Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, whereunder it has been held if dispute is a matrimonial dispute and in the event of parties arriving at a settlement, continuation of criminal proceedings should not be allowed but on the other hand if allowed to continue, it would be an abuse of process of law. Hence, proceedings pending against petitioners is liable to be quashed and this Court finds there is no impediment to grant the prayer sought for.
6. Hence, I proceed to pass the following:
ORDER (i) Criminal petition are allowed.
(ii) Proceedings pending against petitioners in Crime No.105/2013 registered by Pandavapura Police Station for the offences punishable under Sections 498A, 504, 506, 114 r/w Section 149 IPC on the file of Civil Judge (Junior Division) & JMFC, Pandavapura, is hereby quashed and petitioners are acquitted of aforesaid offences.
(iii) Quashing of these proceedings and quashing of complaint and acquittal of petitioners would not come in the way of complainant lodging a fresh complaint in the event of any such situation would arise. She would at liberty to file fresh complaint in the changed circumstances if any arising and it is needless to state that in the event of such complaint being filed, jurisdictional police investigate the same in accordance with law without being influenced by this order.
SD/-
JUDGE *sp