IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8506/2018 BETWEEN:
1. MR. DILIP JAIN S/O LATE SRI. DEVICHANDJI VOTAWAT AGED ABOUT 32 YEARS RESIDING AT # 87, NIVIRITRI GROUND FLOOR, 34TH CROSS 4TH T BLOCK, JAYANAGAR BANGALORE – 560 041.
2. SMT. PUSHPA BAI AGED ABOUT 60 YEARS RESIDING AT # 87, NIVIRITRI GROUND FLOOR, 34TH CROSS 4TH T BLOCK JAYANAGAR BANGALORE – 560 041.
3. DHEERAJ AGED ABOUT 32 YEARS RESIDING AT # 87, NIVIRITRI GROUND FLOOR, 34TH CROSS 4TH T BLOCK, JAYANAGAR BANGALORE – 560 041 ALSO AT: 1ST FLOOR SURAJ PARK VIEVO APARTMENT NEW HIGH SCH, PARVATHIPURA V.V. PURAM, BENGALURU – 18.
4. SUSHEEL AGED ABOUT 44 YEARS DHARMANATH SHARANA NEAR HOTEL SUKHSAGAR 8TH B CROSS, 4 BLOCK JAYANAGAR BANGALORE – 560 041.
5. MANOJ AGED ABOUT 38 YEARS RESIDING AT # 87, NIVIRITRI GROUND FLOOR, 34TH CROSS 4TH T BLOCK, JAYANAGAR BANGALORE – 560 041.
6. HASMUKH AGED ABOUT 32 YEARS RESIDING AT # 87, NIVIRITRI GROUND FLOOR, 34TH CROSS 4TH T BLOCK, JAYANAGAR BANGALORE – 560 041.
... PETITIONERS (BY SRI. ADBHUTH J KAUSHIK., ADVOCATE) AND:
1. THE STATE OF KARNATAKA THROUGH THE SUB INSPECTOR OF POLICE HALASURU POLICE STATION, HALASURU BANGALORE, REPRESENTED BY THE LEARNED SPECIAL PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA BANGALORE – 01.
2. MS. NAINA @ SONA KUMARA B JAIN D/O SRI. BHAWARLALJI BHANDARI AGED ABOUT 28 YEARS RESIDING AT NO 106 2ND FLOOR, CUBBONPET MAIN ROAD, CUBBONPET BANGALORE – 560 002 POSTAL ADDRESS: # 100, 2ND FLOOR CUBBONPET MAINRAOD BANGALORE – 560 002.
(BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. ABHISHEK K., ADVOCATE FOR R-2) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT AGAINST ALL PETITIONERS IN CR.NO.222/2018 OF HALASURU GATE POLICE, PENDING BEFORE THE IV ADDL.C.M.M., BENGALURU IN RESPECT OF OFFENCES P/U/S 120(B), 406, 417 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who have been arraigned as accused in Crime No.222/2018 pending before IV Additional Chief Metropolitan Magistrate, Bengaluru registered for the offences punishable under Sections 120 B, 406, 417 and 420 of IPC are before this Court seeking for quashing of said proceedings.
2. Marriage between first petitioner and second respondent came to be solemnised on 20.02.2018 at Shanti Sushil Dham, Takhatgarh, Rajasthan and they were residing together at Bengaluru. On the ground of petitioner being already married to one Smt.Anitha D, second respondent herein filed a petition under Section 5 read with Section 11 of Hindu Marriage Act, 1955, seeking declaration of nullity of her marriage with the petitioner herein and jurisdictional Family Court by judgment dated 23.01.2019 passed in M.C.No.5784/2018 has allowed the petition and has declared that marriage solemnized between first petitioner and second respondent on 20.02.2018 as null and void. Decree has been drawn to the said effect also. Hence, for quashing of the proceedings pending in Crime No.222/2018, petitioners are before this Court.
3. A joint affidavit has been filed by the first petitioner and second respondent stating thereunder that in the light of the judgment having been passed by the jurisdictional Family Court declaring the marriage as null and void, both first petitioner and second respondent have settled their dispute and first petitioner has agreed to pay Rs.21,00,000/- (Rupees Twenty one lakhs only) by way of settlement and is said to have already paid a sum of Rs.10,00,000/-(Rupees Ten lakhs only) and balance sum of Rs.11,00,000/- (Rupees Eleven lakhs only) by way of demand draft is handed over today to second respondent, the receipt of which is acknowledged by second respondent.
4. First Petitioner and second respondent are present before Court and have sought for compounding the offence and have stated in the joint affidavit that all their disputes are settled. Second respondent submits that without any threat, force or coercion, she intends to withdraw the complaint in view of settlement having been arrived at between herself and petitioner. Second respondent-complainant has unequivocally agreed to withdraw the complaint filed by her against petitioners and she has stated that she would have no objection for proceedings being quashed. Parties are identified by their learned Advocates present before Court. They have enclosed photocopies of identification cards issued by the statutory authorities. Same is placed on record.
Hence, I proceed to pass the following:
ORDER (1) Criminal petition is hereby allowed.
(2) Proceedings pending against petitioners in Crime No.222/2018 on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 120 B, 406, 417 and 420 of IPC is hereby quashed and they are acquitted of the said offences.
SD/- JUDGE KPS