IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.4908/2017 BETWEEN:
1. Mallesh H.R.
S/o Late Rajanna, Aged about 39 years, R/at No.2/c, 5th cross, 20th main, Behind Temple Street, Girinagar, Bengaluru – 560 085.
2. Smt.Saraswathi, W/o Late Rajanna, Aged about 63 years, R/at No.2/c, 5th cross, 20th main, Behind Temple Street, Girinagar, Bengaluru – 560 085. Petitioners (By Sri.Abhishek K., for Sri.Diwakara K., Advocate) AND:
1. The State of Karnataka, The Station House Officer, Girinagar Police Station, Bengaluru – 560 085, Represented by State Public Prosecutor, High Court building, Bengaluru City – 560 001.
2. G.Reshma, D/o Gangamurthy, Aged about 30 years, R/at No.20, Darabendre Road, Neelagiri Thopu, Sunkadakatte, Bengaluru – 560 091. ... Respondents (By Sri.K.Nageshwarappa, HCGP., for R1 Smt.Mamatha S., Advocate for R2) This Criminal Petition is filed under Section 482 Cr.P.C praying to quash the entire charge sheet in Cr.No.181/2013 and proceedings in C.C.No.15763/2013 for the offence punishable under Section 498-A R/w Section 34 of IPC and Section 3 & 4 of D.P.Act filed by Respondent No.2 against the petitioners herein before the Hon’ble LXVI ACMM., Bengaluru found at Annexure C and D.
This criminal petition coming on for Admission this day, the Court made the following:
O R D E R Petitioners are accused in C.C.No.15763/2013 which has been registered for the offence punishable under Section 498-A r/w Section 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961.
2. Petitioner No.1 i.e., accused No.1 and 2nd respondent namely; the complainant are present before the Court. They have submitted that matter is resolved between them in M.C.No.5254/2013. Hence, petitioners are seeking for quashing of the proceedings and 2nd respondent present before Court submits that she has no objection for quashing the proceedings.
3. 1st petitioner and 2nd respondent got married on 30.07.2012 at Bengaluru. On account of certain misunderstanding and differences arising between them resulted in 2nd respondent filing a complaint against the petitioners on 30.07.2012 alleging that she has been harassed for dowry before the Girinagara Police Station, which came to be registered in Cr.No.181/2013.
4. On conclusion of investigation, chargesheet came to be filed in C.C.No.15763/2013 which is pending before LXVI ACMM Court, Bengaluru. In the meanwhile, 1st petitioner herein had filed a petition under Section 13 (1) (ia) of Hindu Marriage Act, 1955 seeking dissolution of marriage and said dispute being referred to Mediation Centre, parties entered into a settlement as per memorandum of settlement drawn under Section 89 of CPC, r/w Rules 24 and 25 of Karnataka Civil Procedure (Mediation) Rules 2005. A perusal of the same would indicate that parties have settled their dispute as per the terms indicated therein. 2nd respondent – complainant who was the sole respondent in M.C.No.5254/2013 and who is present before Court submits that she has received permanent alimony of Rs.5,35,000/- in full and final settlement of her claims. She has also stated that jewellery which was in the custody of 1st petitioner has been returned and she does not have any other or further claims against petitioner. She has further submitted that as agreed before the family Court, she does not intend to take further steps in the criminal proceedings i.e., in C.C.No.15763/2013 and she also states that, she has no objection for quashing of the proceedings in view of settlement entered.
5. Keeping in mind the dicta laid by the Hon’ble Apex Court reported in (2012) 10 SUPREME COURT CASES 303, GIAN SINGH V/S STATE OF PUNJAB AND ANOTHER, this Court is of the considered view that continuation of criminal proceedings against petitioners would not sub- serve the ends of justice.
In that view of the matter, this Court proceeds to pass the following:
ORDER (i) Criminal Petition is hereby allowed.
(ii) Criminal proceedings in C.C.No.15763/2013 pending on the file of LXVI ACMM Court, Bengaluru is hereby quashed.
In view of the disposal of the criminal petition, I.A.No.1/2017 does not survive for consideration and it is hereby dismissed.
Sd/- JUDGE MR/NC