IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1269/2019 BETWEEN:
1. MANJUNATHA K AGED ABOUT 29 YEARS S/O KRISHNAMURTHY.
2. KRISHNAMURTHY H.M.T AGED ABOUT 58 YEARS S/O LATE KRISHNAMURTHI.
3. SMT. MUNIYAMMA AGED ABOUT 46 YEARS W/O KRISHNAMURTHI.
... PETITIONERS (BY SRI. HEMANTH KUMAR K., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY GIRINAGARA POLICE STATION, GIRINAGAR BENGALURU, REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001.
2. SMT. SUKANYA. S.M AGED ABOUT 28 YEARS W/O MANJUNATHA. K R/AT NO. 8, 7TH CROSS DATTATREYA NAGARA HOSAKEREHALLI, BSK 3RD STAGE BENGALURU - 560 085.
(BY SRI. S. RACHAIAH., HCPG FOR R-1;
... RESPONDENTS SRI. BALASUBRAMANYA B.N., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4690/2018 REGISTERED BY 1ST RESPONDENT FOR THE OFFENCES P/U/S.498-A, 323, 506 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT, NOW THE CASE IS PENDING ON THE FILES OF LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner, who is accused in C.C.No.4690/2018 registered by Girinagar Police Station for the offences punishable under Sections 498A, 323, 506 r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, pending on the file of LVI Addl. Chief Metropolitan Magistrate, Bengaluru, is before this Court for quashing of said proceedings.
2. Marriage between first petitioner and second respondent came to be solemnised on 28.05.2012 and a complaint came to be lodged against petitioners by second respondent alleging that after one month of marriage she was harassed by petitioners by abusing and assaulting her and on 08.07.2017 at about 9.00 p.m. petitioners gave physical and mental torture to her. On the basis of complaint lodged by second respondent, jurisdictional police have registered Crime No.135/2017 for the aforesaid offences, which is now pending in C.C.No.4690/2018.
3. Today, a joint affidavit has been filed by petitioner and second respondent stating thereunder that they have amicably settled their dispute and second respondent does not intend to proceed with the prosecution initiated by her against petitioners and second respondent has no future claims against petitioners. It is also stated that name of the second respondent is Smt. Sakamma S.M. @ Sukanya and copy of the wedding card is also appended to the said memo.
4. Parties are present before Court and they reiterate the contents of joint affidavit filed today. Second respondent submits that out of her own free will and volition, without any force, threat or coercion she has affixed her signature to the joint affidavit. She also submits that she has no objection for quashing the proceedings initiated by her against petitioners. To establish the identities of the parties present, photocopies of identity cards issued by the statutory authority is produced along with the memo. In token of having identified the parties, respective learned Advocates have also affixed their signatures to the photocopies of identity cards. Said memo is placed on record.
5. 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 against petitioners would not serve any fruitful purpose and it would be an abuse of process of law. Hence, this Court finds there is no impediment to accept the said joint affidavit and grant the prayer sought for.
Hence, I proceed to pass the following: ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in C.C.No.4690/2018 registered by Girinagar Police Station for the offences punishable under Sections 498A, 323, 506 r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, on the file of LVI Addl. Chief Metropolitan Magistrate, Bengaluru, is hereby quashed and petitioners are acquitted of the aforesaid offences.
SD/- JUDGE DR