IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1162/2019 BETWEEN:
SMT. MEENA M W/O SHIVAKUMAR M SHIGGAVI AGED ABOUT 45 YEARS R/AT NO.1774,"C" BLOCK DEVI NILAYA, SAHAKARA NAGARA BENGALURU - 560 092.
... PETITIONER (BY SRI. PARASHURAM R HATTARAKIHAL., ADVOCATE) AND:
1. STATE OF KARNATAKA BY KODIGEHALLI P.S.
BENGALURU, REP. BY SPP HIGH COURT BLDGS BENGALURU - 560 001.
2. SHIVAKUMAR M SHIGGAVI S/O MAHADEVAPPA AGED ABOUT 45 YEARS R/AT NO.452, BADIGER ONI HULAGURU POST - 581 205 SHIGGAVI TALUK HAVERI DISTRICT.
AND ALSO RESIDING AT NO.42 FIRST FLOOR, FIRST CROSS SONNAPPA LAYOUT KAREGUDADHAHALLI BENGALURU CITY KARNATAKA – 560 090.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. R. JAGADEESHA REDDY., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR FILED BY THE PETITIONER AGAINST THE RESPONDENT NO.2 IN CR.NO.144/2018 ON THE FILE OF C.M.M. COURT, BENGALURU FOR THE OFFENCE P/U/S 494 AND 498-A OF IPC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is the complainant has sought for quashing of the proceedings pending in Crime No.144/2018 before Chief Metropolitan Magistrate, Bangalore, which proceedings have been initiated at her instance against second respondent-accused for the offences punishable under Section 494 and 498A of IPC.
2. Sri.Parashuram R. Hattarakihal, learned counsel has entered appearance on behalf of second respondent-accused.
3. Today a joint affidavit has been filed by the petitioner and second respondent whereunder it is stated that petitioner has no objection for quashing of the proceedings in Crime No.144/2018. Since issue in question relates to a matrimonial dispute, same has resulted in filing of a joint petition under Section 13-B of Hindu Marriage Act, 1955, before the Principal Judge, Family Court, Bangalore, which has ended in memorandum of settlement being entered into between parties and same has been accepted by the jurisdictional Family Court also and marriage solemnised between petitioner and second respondent on 01.09.2002 has been dissolved as per Memorandum of Settlement arrived at between parties before Bangalore Mediation Centre on 06.02.2019 whereunder petitioner/complainant has agreed to cooperate in quashing the proceedings pending against second respondent. Hence, complainant has filed this petition for quashing of said proceedings.
4. In the light of settlement arrived at between parties and petitioner/complainant who is present before Court submitting that she has no further claim against second respondent and all her claims have been amicably settled and she does not intend to prosecute her complaint, which she had filed before the jurisdictional police against second respondent and having expressed her consent and no objection for proceedings being quashed, this Court is of the considered view that same should be accepted.
5. Petitioner/complainant and second respondent/accused present before Court are identified by their respective learned Advocates and they have filed photocopies of the identity cards issued by the statutory authorities evidencing their identity as per Annexure-D and E, which is also duly signed by both parties and petitioner/complainant has also submitted that out of her own free will, volition and without any threat, force or coercion she has entered into such settlement and she has no objection for quashing of the proceedings initiated by her against second respondent/accused.
6. In the light of joint affidavit filed and petitioner/complainant submitting before this Court that she is not inclined to prosecute her complaint, this Court had kept in mind the principles laid down by the Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303 and is of the considered view that continuation of further proceedings against second respondent would not sub-serve the ends of justice and it would be an abuse of process of law. In that view of the matter, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed for pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending in Crime No.144/2018 registered against second respondent for the offences punishable under Sections 494 and 498A of IPC, is hereby quashed and second respondent is acquitted of the said offences.
SD/-
JUDGE DR