IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No. 8890 OF 2018 BETWEEN:
M.G. RAGHAVENDRA, S/O M. GANGAPPA, AGED ABOUT 30 YEARS, RESIDING AT SURUHONNE, HONNALI TALUK, DAVANGERE DISTRICT- 577 217. .. PETITIONER AND :
1. SATE OF KARNATAKA BY NYAMATHI POLICE REP. BY STATE PUBLIC PROSECUTOR, SPP OFFICE, ADVOCATE GENERAL BUILDING, BENGALURU- 560 001.
2. SMT. JYOTHI, W/O BALACHANDRAPPA AGED ABOUT 30 YEARS, RESIDING AT SURUHONNE, HONNALI TALUK, DAVANGERE DISTRICT – 577 271. ... RESPONDENTS (BY SRI S.RACHAIAH, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.No.348/2013 ON THE FILE OF CIVIIL JUDGE & JMFC., HONNALI ETC.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. The second respondent (wife) has lodged FIR No.223/2012 on 02.12.2012 in Nyamati Police Station against her husband Balachandrappa and the petitioner herein alleging commission of offences punishable under Sections 511, 376, 498-A, 354 r/w 34 IPC. The petitioner is Balachandrappa’s cousin brother. The police after investigation have filed charge sheet against the petitioner alone for offence punishable under Section 354 IPC.
3. Learned advocates for the petitioner and second respondent jointly submit that the parties have settled the dispute amicably. Accordingly, they have filed a joint affidavit.
4. The petitioner and the second respondent are present before the Court. They are identified by their respective advocates. The Joint Affidavit is duly signed by the petitioner and second respondent.
5. Both petitioner and second respondent admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
JOINT AFFIDAVIT “ We, 1) M.G. Raghavendra, S/o M. Gangappa, aged about 30 years, resident of Surahonne, Honnali Taluk, Davanagere District, & 2) Smt. Jyothi, W/o. Balachandrappa, aged about 30 years, previously residing at Surahonne, Honnali taluk, Davanagere district, & presently residing Hirekabbur, Hirekeruru Taluk, Haveri District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:
1. We submit that, we are the petitioner & the Respondent No.2 in the above case and fully acquainted with the facts of the case and hence we are swearing to this affidavit.
2. We submit that, the 2nd Respondent had filed complaint against the petitioner and Balachandrappa who is none other husband for the 2nd Respondent, for the offences under Section 498(A), 376, 354, 511 of IPC before the Nyamathi Police Station.
3. We submit that, the police have filed a B- Report against my husband Balachandrappa who was accused No.2 in Cr.No.223/12 and also dropped all the offences against the petitioner who was accused No.1 except for the offences under section 354 of IPC in CC NO.348 of 2013 on the file of Civil Judge & JMFC, Honnali.
4. We submit that, the petitioner is the cousin brother of my husband of the 2nd Respondent. The above case between the petitioner and 2nd Respondent has been amicably settled between them at the intervention of relatives, family members and well-wishers and being a relatives the Respondent No.2 has been agreed to withdraw the complaint without any threat or any coercion and has no intention to proceed against the petitioner. Hence, we are constraint to file the present Joint Affidavit to seeking quash the entire proceedings in CC NO.348/2013 on the file of Civil Judge & JMFC Honnali, for the offence under Section 354 of IPC., against the petitioner by allowing the above Criminal Petition.
Therefore, under the circumstances we respectfully prays that this Hon’ble Court pleased to quash the entire proceedings in CC No.348/2013 on the file of Civil Judge & JMFC, Honnali, against the petitioner for the offence under Section 354 of IPC, to allow the above Criminal Petition, in the interest of justice and equity.
What is stated above are true to the best of our knowledge, information and belief.”
6. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C.No.348/2013 pending on the file of Civil Judge & JMFC., Honnali, are quashed. Petition is accordingly disposed of.
7. In view of disposal of the petition, I.A.No.1/2018 for stay does not survive for consideration and it is also disposed of.
No costs.
Sd/- JUDGE Np/-