IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1845/2019 BETWEEN:
1. DR. S. HARSHA VARDHANA AGED ABOUT 38 YEARS S/O DR. SUNDARA RAJAN.
2. DR. S. SUNDARA RAJAN AGED ABOUT 73 YEARS S/O LATE DR. S. SUBBARAMAIAH.
3. MRS. SARALA SUDNARA RAJAN AGED ABOUT 64 YEARS W/O DR. SUNDARA RAJAN.
ALL RESIDING AT 137, MIG, KHB COLONY KORAMANGALA, 5TH BLOCK BENGALURU – 560 095.
... PETITIONERS (BY SRI. JAMES P ARUN KUMAR., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA BENGALURU – 560 001 BY THE STATION HOUSE OFFICER, VIDYARANYAPURA POLICE STATION, VIDYARANYAPURA BENGALURU – 560 097.
2. SMT. PRASHANTHI YAGNAMURTHY AGED ABOUT 32 YEARS D/O MR. SUBBARAMAIAH YAGNAMURTHY, R/A 297 RAJANIWAS, 11TH CROSS 11TH MAIN, NARASIPURA LAYOUT BENGALURU – 560 097.
... RESPONDENTS (BY SRI. M.R. BALAKRISHNA., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE C.C.NO.23253/2014 BEFORE THE Ld.4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU, WHICH RESULTED OUT OF THE FIR REGISTERED AS CRIME NO.368/2013 WITH THE 1ST RESPONDENT/POLICE, BASED ON A COMPLAINT FILED BY THE 2ND RESPONDENT.
THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arrayed as accused in C.C.No.23253/2014 registered by Vidyaranyapura Police Station for the offences punishable under Section 498A, 504, 506 r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, which proceeding is pending on the file of IV Addl. Chief Metropolitan Magistrate, Bangalore City, are before this Court for quashing of said proceedings.
2. Today a joint affidavit has been filed by the petitioners and second respondent whereunder it is stated that disputes between both parties have been amicably settled and second respondent has no objection for quashing of the proceedings pending in C.C.No.23253/2014 (arising out of FIR in Crime No.369/2013). Since issue in question relates to a matrimonial dispute, same has resulted in filing of miscellaneous petition in M.C.No.1952/2013 pending before the IV Addl. Principal Judge, Family Court, Bengaluru, which has ended in a compromise being entered into between parties, whereunder second respondent/complainant has agreed to cooperate for quashing of the proceedings pending against petitioners. Hence, petitioners have filed this petition for quashing of said proceedings.
3. In the light of settlement arrived at between parties and second respondent/complainant, who is present before Court submitting that she has no further claims against petitioners and all her claims have been amicably settled and she does not intend to prosecute the proceedings initiated by her against the petitioners and having expressed her consent and no objection for proceedings being quashed, this Court is of the considered view that continuation of proceedings would not be in the interest of justice.
4. Petitioner/complainant and second respondent/accused are present before Court and they reiterate the contents of joint affidavit filed today. Second respondent has also submitted that out of her own free will, volition and without any threat, force or coercion she has entered into such settlement and she has no objection for quashing of the proceedings initiated by her against petitioners. To establish the identities of parties present before Court photocopies of identity cards issued by the statutory authorities duly signed by parties have been produced along with joint affidavit. In token of having identified the parties, respective learned Advocates have also affixed their signatures to the joint affidavit.
5. In the light of aforestated facts and 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, this Court is of the considered view that continuation of further proceedings against petitioners would not sub-serve the ends of justice and it would be an abuse of process of law. Hence, this Court finds there is no impediment to grant the prayer sought for in the petition.
Hence, I proceed to pass the following: ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in C.C.No.23253/2014 registered by Vidyaranyapura Police Station for the offences punishable under Section 498A, 504, 506 r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, on the file of IV Addl. Chief Metropolitan Magistrate, Bangalore City, is hereby quashed and petitioners are acquitted of aforesaid offences.
SD/- JUDGE DR