IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.3556/2018 C/W CRL.P.NO.6840/2019 IN CRL.P.NO.3556/2018 BETWEEN 1. MRS NUPUR AGARWAL NEE JAIN W/O. MR. VIKAS AGARWAL, AGED ABOUT 37 YEARS, HAVING PERMANENT RESIDENCE AND AS PER FIR RESIDING AT A9, STERLING VILLA GRANDE, SEEGEHALLI, KADUGODI, BENGALURU-560067, PRESENTLY RESIDING AT R/AT NO. A2/134, SECOND FLOOR, PASCHIM VIHAR, NEW DELHI 110063.
2. MR. ASHOK KUMAR JAIN S/O. LATE SHRI. FEROZI LAL JAIN, AGED ABOUT 69 YEARS R/AT NO. 77, URBAN ESTATE II, HISAR 125005, HARYANA 3. MR. RAVIKANTA JAIN W/O. MR. ASHOK KUMAR JAIN, AGED ABOUT 61 YEARS, R/AT NO.77, URBAN ESTATE-II, HISAR 125005, HARYANA 4. MR. PRATIK JAIN S/O. MR. ASHOK KUMAR JAIN, AGED ABOUT 33 YEARS AS PER FIR RESIDING AT HISSAR HARYANA PRESENTLY AT #29-30, UPPER GROUND FLOOR, POCKET C-3, SECTOR 11, ROHINI, RAJAPUR KALAN, SECTOR-7, NARELA NORTH WEST, NEW DELHI 110085 5. MRS ESHU JAIN W/O. PRATIK JAIN, AGED ABOUT 32 YEARS AS PER FIR R/AT HISSAR HARYANA PRESENTLY AT #29-30, UPPER GROUND FLOOR, POCKET C-3, SECTOR 11, ROHINI, RAJAPUR KALAN, SECTOR-7, NARELA NORTH WEST, NEW DELHI 110085 (BY SRI M.V.CHARATI, ADV.) AND 1. STATE OF KARNATAKA THROUGH KADUGODI POLICE, BENGALURU 560011.
REP. BY SPP 2. MR. VIKAS AGARWAL S/O. MR L C AGARWAL, AGED ABOUT 40 YEARS R/AT NO. A9, SERLING VILLA GRANDE, SREEGEHALLI, KADUGODI, BENGALURU 560067 (BY SRI SHOWRI, HCGP FOR R1, SRI KARTHIK B.V, ADV. FOR R2.) ...PETITIONERS …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 22.11.2017 AND THE FIR NO.358/2017, DATED 22.11.2017 (ANNEXURE A AND B) PENDING BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT (RURAL) BANGALORE, NRUPATHUNGA ROAD, BANGALORE FOR THE OFFENCE P/U/S 506,34,342,379 OF IPC.
IN CRL.P.NO.6840/2019 BETWEEN MR VIKAS AGARWAL S/O L C AGARWAL AGED ABOUT 39 YEARS, RESIDING AT STERLING GRANDE VILLA, A 9, SEEGEHALLI, WHITE FIELD ROAD, BENGALURU CITY - 560056 (BY SRI KARTHIK B Y, ADV.) AND 1. STATE OF KARNATAKA REPRESENTED BY SPP, KADUGODI PS, HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560001.
2. MRS NUPUR AGARWAL W/O MR VIKAS AGARWAL AGED ABOUT 38 YEARS, FALT NO.604, SAVERA APARTMENTS, SECTOR 13, ROHINI, NEW DELHI, DELHI-110085 OUT OF STATE.
(BY SRI SHOWRI, HCGP FOR R1.) ...PETITIONER …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED 02.08.2019 IN P.C.R.NO.158/2019 AND FURTHER CRIMINAL PROCEEDINGS PENDING BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU AND IN C.R.NO.207/2019 ON 27.07.2019 AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/U/S.420,467,471,468,470,474,463 AND 464 OF IPC WHICH IS PRODUCED AND MARKED AS ANNEXURE-A.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioners, the learned Counsel for respondents and the learned HCGP.
2. In Crl.P.3556/2018, petitioner no.1 is the wife of the respondent no.2. In view of the matrimonial disputes, a complaint and a counter complaint came to be lodged. They are present before the Court and are identified by their respective Counsels.
3. It is submitted by the learned Counsel for the parties that the parties have amicably settled the issue and petitioner no.2 – wife has joined her husband – respondent no.2. Both the parties have filed separate affidavits in this regard.
4. There is no dispute with regard to the fact that no heinous crime has been committed nor is there any act of violence involved. In the light of the fact that the petitioner -
wife has joined her husband and are living together, no purpose would be served in further prosecuting the matter. In that view of the matter, as held in the case of GIAN SINGH VS STATE OF PUNJAB & ANOTHER – AIR 2012 SCC 393, this Court is of the considered opinion that it is appropriate to give a quietus to the litigation amongst the parties and it would be just and necessary to put an end to the litigation, as the same would enable the parties to move ahead in their lives. Hence, the affidavits are taken on record.
5. Petitions are allowed. The entire proceedings pending on the file of Addl. Chief Judicial Magistrate Court (Rural), Bengaluru, arising out of Crime No.358/2017 registered with the respondent-Kadugodi Police, and the entire proceedings in P.C.R.No.158/2019 pending on the file of Addl. Chief Judicial Magistre Court (Rural), Bengaluru, arising out of Crime No.207/2019 registered with the respondent-Kadugodi Police, are hereby quashed.
Sd/- JUDGE KK CT-HR