IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO. 1942 OF 2018 BETWEEN:
1. MR.K.A.RAVI SHANKAR, ADVOCATE, AGED ABOUT 34 YEARS, S/O ASHWATH REDDY.
2. MR.ASHWATH REDDY, S/O LATE CHIKKAGANGAPPA, AGED ABOUT 74 YEARS, 3. SMT. THIMMAKKA, W/O ASHWATH REDDY, AGED ABOUT 64 YEARS, 4. SMT. NAGAMANI, D/O ASHWATH REDDY, AGED ABOUT 40 YEARS, ALL ARE RESIDING AT KADALAVENI VILLAGE, KASABA HOBLI, GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT – 561 208. (BY SRI PRASAD HEGDE K., ADVOCATE) ...PETITIONERS AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS STATION HOUSE OFFICER, GAURIBIDANUR RURAL POLICE STATION, GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT – 561 208.
2. SMT. NAYANA A.N., D/O LATE NAGA REDDY, AGED ABOUT 27 YEARS, RESIDING AT ARUDI VILLAGE, SASALU HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT – 561 203.
...RESPONDENTS (BY SRI S.RACHAIAH, HCGP FOR R1; SRI B.RAMESH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CRIME NO.210/2017 REGISTERED FOR THE OFFENCES P/U/S 498A, 323, 342 R/W 34 OF IPC AND UNDER SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, GOWRIBIDANUR, CHIKKABALLAPUR DISTRICT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners who are arraigned as accused Nos.1 to 4 in Cr.No.210/2007 registered by Gowribidanur Rural Police Station for the offences punishable under Sections 498-A, 323, 342 r/w Section 34 of IPC and under Section 3 and 4 of D.P. Act, pending on the file of Prl. Civil Judge (Jr.Dn) & JMFC Court, Gowribidanur, Chikkaballapura District, are before this Court for quashing of said proceedings.
2. Marriage between 1st petitioner and 2nd respondent came to be solemnized on 16.06.2013. 2nd respondent lodged a complaint on 12.07.2017 by alleging that she was being harassed, assaulted and threatened with a demand for dowry by the petitioners which came to be registered in Cr.No.210/2007. Charge sheet came to be filed on completion of investigation, which is now pending in C.C.NO.371/2018.
3. Today, learned counsel appearing for both parties have filed a joint affidavit whereunder copy of the settlement arrived at between the parties in M.C.No.5238/2018 filed under Section 13-B of the Hindu Marriage Act, 1955, accepted by the Family Court resulting in dissolution of the marriage by granting decree to the said effect on 28.03.2019 is produced and same is placed on record. A perusal of same would disclose that both parties have agreed that the present criminal proceedings, which has been initiated by the 2nd respondent would be withdrawn by her including other disputes pending in Crl.Misc.No.262/2018 and M.C.No.29/2018.
4. 2nd respondent-complainant is present before Court and reiterates the contents of the joint affidavit. Since she expressed difficulty in understanding English language, this Court interacted with her in Kannada language and has explained to her the contents of the affidavit and she admits the execution of the compromise petition.
Ms.Mrinalini Patil, who is a practicing advocate of the Bar, was also requested to interact with the 2nd respondent. After having interaction with her, she submits before this Court that 2nd respondent-complainant has admitted that she has affixed her signature to the joint affidavit without any force, threat or coercion and it is out of her own will and volition. She has admitted to have received the maintenance amount which was agreed to be paid by the 1st petitioner. To establish her identity, a memo is filed enclosing the photocopy of identity card issued by the statutory authority with the joint affidavit. Same is placed on record.
5. 1st petitioner and 2nd respondent are present before Court and they are identified by their learned Advocates. In token of having identified the parties present before Court, learned counsel appearing for 1st petitioner and 2nd respondent has also affixed their signature to the Joint Affidavit.
6. 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 initiated by 2nd respondent against petitioners would not be necessary as it 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.
7. Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending in C.C.No.371/2018 on the file of Additional Civil Judge and JMFC, Gowribidanur, against petitioners for the offence punishable under Sections 498-A, 323, 342 r/w Section 34 of IPC and under Section 3 and 4 of D.P. Act is hereby quashed and Petitioners are acquitted of aforesaid offences.
SD/- JUDGE TL