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.9163/2018 C/W CRIMINAL PETITION NO.7741/2017 IN CRL.P 9163/2018: BETWEEN:
1. MAHESH V.S (A-1) S/O SIDDAPPA AGED ABOUT MAJOR R/AT # 94, EWS 1ST STAGE 10TH CROSS, 2ND B MAIN ROAD, ‘B’ SECTOR YELAHANKA, NEW TOWN NEAR GANESHA TEMPLE BENGALURU NORTH YELAHANKA BENGALURU - 560 064.
2. ASHWATHAMMA (A-2) W/O SIDDAPPA AGED ABOUT 62 YEARS R/AT # 94, EWS 1ST STAGE 10TH CROSS, 2ND ‘B’ MAIN ROAD, ‘B’ SECTOR YELAHANKA NEW TOWN NEAR GANESHA TEMPLE BENGALURU NORTH YELAHANKA BENGALURU - 560 064.
3. SIDDAPPA (A-3) S/O LINGANNA R/AT # 94, EWS 1ST STAGE 10TH CROSS, 2ND B MAIN ROAD ‘B’ SECTOR, YELAHANKA NEW TOWN, NEAR GANESHA TEMPLE, BENGALURU NORTH, YELAHANKA BENGALURU - 560 064.
... PETITIONERS (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND:
1. STATE BY YELAHANKA NEW TOWN POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001.
2. SMT. JAMUNA V.R W/O MAHESH V.S D/O SRI. RAMACHANDRA M AGED ABOUT 28 YEARS R/AT NO.227, 6TH MAIN ROAD JYOTHI NAGAR, JNANA BHARATHI BENGALURU - 560 056 EARLIER R/AT NO.94, EWS 10TH CROSS, 2ND MAIN ROAD YELAHANKA NEW TOWN BENGALURU - 560 064.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. BHYRESH V., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE PETITIONERS IN CRIME NO.104/2017 FOR THE ALLEGED OFFENCES P/U/S 498A, 506 OF IPC AND SECTION 3 AND 4 OF D.P ACT, PENDING ON THE FILE OF THE 44TH ACMM AT BANGALORE CITY AS PER ANNEXURE-A.
IN CRL.P 7741/2017: BETWEEN:
1. SMT. SAVITHRI V.S W/O CHETHAN Y AGED ABOUT 34 YEARS.
2. SRI. CHETHAN Y S/O LATE H.N. YOGANANDA AGED ABOUT 34 YEARS.
PETITIONER NO.1 TO 2 ARE RESIDING AT ANANDA NILAYA 4TH CROSS, VINAYAKANAGARA DODDABALLAPUR TOWN BENGALURU RURAL DISTRICT – 561 203.
3. SMT. GEETHA V.S W/O SHIVAPRASAD K AGED ABOUT 40 YEARS R/AT NO.28, CHIKKABOMMASANDRA YELAHAKA UPANAGAR BENGLAURU – 560 065.
4. SMT. SIDDAGANGA V.S @ SIDDAGANGAMMA W/O SHIVAKUMAR R AGED ABOUT 37J YEARS R/AT NO.2901, 14TH MAIN 5TH CROSS, B-BLOCK 2ND STAGE, RAJAJINAGAR BENGALURU – 560 010.
... PETITIONERS (BY SRI. GOPALAKRISHNA MURTHY C., ADVOCATE) AND:
1. STATE BY YELAHANKA NEW TOWN POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU – 560 001.
2. SMT. JAMUNA V.R W/O MAHESH V.S D/O SRI. RAMACHANDRA M AGED ABOUT 28 YEARS NOW RESIDENT PRESENTLY AT: NO. 277, 6TH MAIN ROAD JYOTHI NAGAR, JNANA BHARATHI BANGALORE – 560 056.
EARLIER AT:
NO.94, EWS 10TH CROSS 2ND MAIN ROAD YELAHANKA, NEW TOWN BENGALURU – 560 064.
(BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. BHYRESH V., ADVOCATE FOR R-2) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR FILED BY THE 1ST RESPONDENT POLICE IN CR.NO.104/2017 ON THE FILE OF XLIV ADDL.C.M.M., BANGALORE AT YELAHANKA NEW TOWN POLICE STATION AS AGAINST THE PETITIONER HEREIN.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These petitions are filed by accused Nos.1 to 7 in Crime No.104/2017 which has been registered by Yelahanka New Town Police Station for the offences punishable under Sections 498A and 506 of IPC r/w Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Second respondent herein lodged a complaint on 21.05.2017 against petitioners alleging they had harassed her with a demand for dowry and as such she sought for suitable action being taken against accused persons.
3. Perusal of records would disclose that marriage between accused No.1 (Mahesh.V.S.) and second respondent came to be solemnised on 19.08.2010 at Bangalore and out of said wedlock a son was born. On account of certain differences they have been residing separately and present complaint in question came to be filed by second respondent before first respondent.
4. Today a joint affidavit has been filed by the petitioners as well as second respondent admitting their relationship and also they have stated that at the intervention of elders and family members of both parties have amicably settled their disputes and first petitioner and second respondent have mutually agreed to set up a separate accommodation and lead their future matrimonial life without interference by either of their parents.
5. Petitioners and second respondent are present before Court. First petitioner and second respondent reiterate the contents of joint affidavit filed today and they have stated that they have affixed their signatures to the joint affidavit without any force, threat or coercion. To establish the identities of parties present before Court, memo is also filed enclosing photocopies of identity cards issued by the statutory authority. Same is taken on record. In token of having identified the parties present, learned Advocates have also affixed their signatures to the memo.
6. In view of agreement entered into between parties and their being reunion i.e., first petitioner (in Crl.P.No.9163/2018) and second respondent having agreed to live together 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 only be onerous but also be a waste of precious judicial time and it would not serve any fruitful purpose and would be an abuse of process of law. Even if prosecution is taken to its logical end, it would not end in conviction of petitioners on account of changed circumstances namely complainant having retraced her steps and possibility of she supporting the prosecution is too remote and as such, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petitions are allowed.
(ii) Proceedings pending against petitioners in Crime No.104/2017, registered by Yelahanka New Town Police Station for the offence punishable under Sections 498A and 506 of IPC r/w Sections 3 and 4 of Dowry Prohibition Act, 1961, on the file of 44th Addl. Chief Metropolitan Magistrate, Bengaluru, is hereby quashed and petitioners are acquitted of above said offence.
SD/- JUDGE DR