IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2533 OF 2016 BETWEEN:
1. M C RAVISH SON OF LATE SHIVARUDRAPPA , AGED ABOUT 33 YEARS, 2. SMT UMADEVI WIFE OF LATE SHIVARUDRAPPA AGED ABOUT 54 YEARS, BOTH RESIDING AT NO.1422, 8TH CROSS, 8TH MAIN ROAD, SRIRAMPURAM, 1ST STAGE, MYSORE-570023.
(BY SRI: RAMESHA, H.E., FOR H.B.CHANDRASHEKAR, ADVOCATE) ... PETITIONERS AND 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS, BANGALORE-560001 2. SMT GEETHA WIFE OF M C RAVISH AGED ABOUT 30 YEARS, RESIDENT OF VEERANAPURA VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571111.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1;
SRI: M.RAVINDRANATH, FOR DAYANAND S.PATIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5941/2015 PENDING ON THE FILE OF THE II ADDL.C.M.M., AT BENGALURU CITY VIDE ANNEXURE-A AND CONSEQUENTLY QUASH THE CHARGE SHEET IN CR.NO.32/2014 FILED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONERS AS PER ANNEXURE-B.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner No.1- Sri. M.C. Ravish, petitioner No.2- Smt. Umadevi and his counsel Sri. Ramesh H.E., for Sri. H.B. Chandrashekar; Respondent No.2- Smt. Geetha and her counsel Sri. M. Ravindranath for Sri. Dayanand. S. Patil, and Sri. Vijayakumar Majage, learned Addl. SPP for respondent No.1- State are present.
2. This petition is filed under section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.5941/2015 pending on the file of learned II Addl. CMM at Bengaluru for the alleged offences punishable under sections 498A r/w 34 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
3. Petitioner No.1 and respondent No.2 have filed a joint affidavit duly signed by them swearing to the effect that the marriage between second respondent and petitioner No.1 has been dissolved by a decree of divorce in M.C.No.4704/2014 on the file of learned V Addl. Prl. Family Court at Bengaluru. In the said proceedings, parties were referred to mediation and the parties have mutually settled their dispute and in terms of the said settlement, respondent No.2 has withdrawn all the allegations made against the petitioners.
3. Respondent No.2 submits that the statements in the affidavit are true and correct and she has voluntarily and willingly withdrawn all the allegations made against the petitioners.
In view of the above joint affidavit and the second respondent having withdrawn all the allegations made against the petitioners, no further purpose would be served in continuing the prosecution initiated against the petitioners.
As a result, the petition is allowed. The proceedings pending in C.C.No.5941/2015 on the file of learned II Addl. CMM, Bengaluru for the offences under sections 498A r/w 34 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act are quashed.
Sd/- JUDGE *mn/-