IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2934/2019 BETWEEN:
DR. ROOPA H.N W/O NAVEEN KUKSHALAPPA AGED 40 YEARS R/O NO.6, 6TH MAIN ROAD BANAGIRINAGAR, BSK 3RD STAGE BENGALURU – 560 085.
... PETITIONER (BY SRI. S.D.N. PRASAD., ADVOCATE) AND:
1. STATE OF KARNATAKA BY SHO, CHENNAMANAKERE ACHKATTU POLICE STATION BENGALURU CITY.
REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 01.
2. NAVEENKUSHALAPPA S/O SOMAIAH AGED 42 YEARS R/O NO.6, 6TH MAIN ROAD BANAGIRINAGAR, BSK 3RD STAGE, BENGLAURU – 560 085.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. M. CHENGAPPA., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.40/2019, PENDING BEFORE THE HON'BLE II A.C.M.M., COURT AT BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner and second respondent are husband and wife. Their marriage came to be solemnised on 28.05.2009. petitioner – complainant has given birth to a Son and daughter. On account of certain disputes having arisen, petitioner lodged a complaint before first respondent alleging harassment by second respondent. In the petition, it is stated that matrimonial dispute between petitioner and second respondent has been resolved and there has been reunion.
2. Both parties are present before Court.
Petitioner has reiterated the statement made in the petition and states that she does not intend to prosecute the complaint which is not only in her interest but also in the interest of her children. As such, she intends to withdraw the complaint. Second respondent has also filed an affidavit stating thereunder that there has been reunion and as such, appropriate orders may be passed. Their submissions are placed on record.
If the proceedings are allowed to continue, it would not end in conviction of accused particularly in the background of complainant having retraced her steps. Hence, keeping in mind the dicta laid down by Hon’ble Apex Court in GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that prayer sought for in this petition deserves to be granted.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioner in Crime No.40/2019 registered for the offences punishable under Sections 498A, 504 & 506 IPC, on the file of II Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed and petitioner is acquitted of above said offences.
(iii) However, closure of present case or quashing of proceedings would not come in the way of petitioner filing a fresh complaint if the need arises.
SD/- JUDGE *sp